The Montgomery advertiser., 1905-01-11
BIGAMY IS / CHARGED
MONTGOMERY COUNTY MAN IN ST.
 LOUIS JAIL.
On Complaint of Relatives of His Second Wife '. D. McLendOn was Cap-
 tured in Oklahoma.


 We expect to prove that Mir. Mc- Lendon was in possession of what he considered incontrovertible proofs of the death of his first wife before he met the girl who is now being urged by her relatives to press the bigamy charge against him." That was the statement made last night to the Post-Dispatch by Attorney E. J. Giddings of Oklahoma City, O. T., where J. D. McLendon was arrested last week on a charge of bigamy, while with his second wife, who was a Miss Emma Peterson of St. Louis, says the Sunday St. Louis Post-Dispatch. McLendon arrived at S:3O o'clock last night in the custody of Detective James Tracy of St. Louis and accom- panied by Attorney Giddings. Giddings had expected to secure bond for McLendon as soon as they arrived, but the train was delayed eight hours and McLendon will remain in custody until Monday. Bond has been promised him.
 McLendons side of the case as de- tailed by Attorney Giddings puts the charge and some of the surrounding circumstances in a new light, and the Oklahoma attorney is confident that he can establish his contention and prove the absence of any criminal intent on McLendon's part.
 Witnesses will be brought here from McLendon's home In Alabama and | with the aryay of evidence at his com l mand, Giddings believes that there will speedy reconciliation. It has also developed that the charges against McLendon are not being press- ed by his wife in St. Louis, and that she has assured him of her sympathy and never has wavered in her faith in him.
 It is believed that the young wife's uncle, Morgens Peterson of 2707 Gam | ble street, with whom she is now stop ping, is responsible for the prosecu-
 ton of McLendon. who was employed in Oklahoma City and living with her when the warrant was issued. According to Attorney Giddings. the | charge that McLendon was arrested for the unlawful possession of a diamond | ring last summer when he managed d restaurant at the Worlds Fair grounds, will be easily disproved. Perhaps when Mrs McLendon's rela- tives-she certainly has a right to the | name-fnd out the facts in the case they will be willing to have the case dropped" said Giddings when seen last night at the Moser Hotel. She is only twenty-two years old and very pretty She has stuck by her husband in this matter. They were
 married December 15 and shortly after went to Oklahoma City, where he had | nice position.
 | Their happiness was rudely dis | turbed when orders came from St. Louis a week ago to arrest him. She | remained with him two days after De- tective Tracy arrived, going back to | St. Louis last Tuesday. She has wired him from there that she still believes in | him.
 Under the law, if man can prove | the absence of the criminal intent on a bigamy charge by showing that he
 honestly believed that his former wife | is dead he cannot be convicted. "1t is up to those who are pushing
 this case to produce his first wife. Mc- Lendon received letters from friends in Alabama year ago containing news | of his first wife's death, and if she Is alive that fact has not been demon- strated to our satisfaction.
 'Even if she does appear that will not weaken McLendon's case, as he can produce convincing proofs of his cer- tainty of her death.
 | "McLendon Is an Alabamian. His people live at Bessemer and they have assured him that they will back him to the last cent. Every circumstance | Is in his favor
 "The bigamy charge alleges that he has a wife living at Luverne, Cren- shaw county. Ala. The woman speci- | fled was Mabel Champion, whom he married there September 15. 1894. During the Worlds Fair, McLendon managed the restaurant adjoining Hale's Fire Fighters on the Pike. The
 story that he had been arrested in St. | Louis for unlawful possession of dia- mond ring was disproved before he
 married Mrs. Peterson. "He advanced some money to one | of his walters, taking the ring as se- curity. Later he discharged the man and refused to give up the ring until
 paid. The waiter swore out warrant
 against him, but the case was com
 promised by the payment of the loan
 McLendon then returned the ring and
 holds a receipt. for 1t.
 "The fact that he has never changed
 his name nor in any way attempted
 to evaue the officials of the law Is
 pretty good proof of his innocence in | this matter.
 Suppose his first wife does turn up, what then? She cant be compelled to | testify against him, even if she is sum
 moned It looks like a clear case Of acquittal all around.
 McLendon will be arraigned for a
 hearing Monday and his St. Louis at | torney, A. S. J. Lehr, of 6Ol Chemlcal
 building. says that bond will be forth
 coming at that time. The police will
 not accept a bond before the hearing. McLendon is well known in this coun- ! ty. his father being a prominent | planter.
 McLendon is thirty-two years old and
 of genteel appearance. He expects to arrange a meeting with his wife to take notice as soon as he is placed un- | der bond.
 His second wife was formerly from | Kansas and they first met In his restaurant last summer. Morton and Dewey Return. Washington, Jan. 10.-Secretary i, Morton and Admiral Dewey and his | staff returned to Washington today