The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-10-10
KANSAS NEWS.
James PendletOn Is Found
Guilty of Bigamy.
Jury Makes Short Work of
Mayor of Gentry's Case.
WAS OUT 80 MINUTES.
Man Who Buried a Coffin Full
of Ice Must Suffer.
After the Trial PendIetOn Says
He Is Satisfied.

Emporia, Kas., Oct. 10.-The jury in
the case of the state against James
Pendleton on the charge of bigamy
came in with a verdict of guilty last
night, after being out thirty minutes.
James Pendleton was the man who was
the author of the mystery that startled
this part of the country last August.
He, as John Cox, buried a coffin full of
which was supposed to contain one Coda
Morris, who turned out to be no other
than John Cox. In fact, Coda Morris
buried himself Both aliases in the deal
We're James Pendleton, mayor of Cen
try, Mo. His intention of buryfng him
self was to elude his second wife, Mrs.
Coda Morris (Grace Obey of Emporia,
and he went back to his first wife and
flve children at Gentry, Mo. A basket
of peacehS he sent to his first wife, Mrs.
James Pendleton, Gentry. Mo, led to
his indemnity and arrest.
The Pendleton case has been on trial
for two days, and was one of the hard
est fought cases that has been in this
court for several terms. Pendleon's at
torney, w. S. Kretzingeer, took advant-
age of every loophole the law offered,
and at times it looked as though the
case would be thrown out of court The
case began yesterday morning and con-
tinued until noon. when the state was
compelled to ask for a continuance of
the case until this afternoon, because
it was unable to produce the Missouri
statutes on the marriage law. Most of
the evidence was given in yesterday
morning.
The principal witnesses for the state
were the sheriff and the newspaper re-
pOrters to whom Pendleton made con-
fessiOns on the day following his i'm
prisonment in the Lyon county Jail.
Pendleton could have put up a much
stronger case had he not talked so free
~ just after his arrest. Grace Obey,
Pendleton's wife No. 2, was on the wit
identified Pendleton as Coda Morris. y
TO whom she was married June II last,
by the Rev. w A. Parker, pastor of the
Emporia Christian church.
The defense was not at all based on any
doubt about the second marriage, but
forced the state to prove the first mar
rage This afternoon Attorney Kretzinger.
for the defense, demurred to the evidence
concerning the first marriage, arguing
that the state had not proved that there
was ever a first marriage The Judge
overruled the demurrer, but kept certain
evidence from going to the jury.
Pendleton was first married to Rachel
Dry in 1886 in Worth county, Missouri. W.
F. Osman of Grant City was then probate
Judge of Worth county and wrote Pendle-
tons marriage license. He was present L
the trial and testified as to the genuine
ness of=the license PendIeton's first mar
rage ceremony was performed by the Rev.
Dillan of Albany. Gentry county. Mis-
riage license No. to go to the jury as evil
dence, but struck out the certificate sign
ed by the Rev. Mr.. Dillan, because the
state was unable to show that he was a
licensed preacher.
Judge Madden did not permit as evil
dence anything concerning the Orlando
Ok, burial deal. The jury's verdict came
| In at 3 o'clock. The penalty for bigamy
ranges from six months in the county jail
to five years in the state penitentiary
Pendleton's attorney said after the trial
! that he would ask for new trial and
appeal to the supreme court if a new trial
IS not granted. County Attorney Nc
| Carly and John Madden prosecuted the
case. Mr.. Pendleton was present when
the judge read the verdict He was not
moved by the verdict. but merely smiled
After the trial Pendleton expressed him
self as satisfied with the verdict.
John Madden, who was assisting Coun-
ty Attorney McCarty, was pleading. whel
| he and his brother, Judge Dennis Madden
disputed a question Of law, and John left
the court room.