Every evening, Wilmington daily commercial., 1922-06-06
MONTGOMERY SEEKS
TO DIVORCE PEGGY
Claims he Did Not Know What
10 Was Doing When They
Were Married.

Elkton, Md. Juno 5.--Ths court
room here Wa crowded With spccta-
tors ana witnesses yesterday when
arcc,al scssion OF tho Circuit Court for
C.cil county wrs convened by Judge
W. wickcs. TO hear testimony In the
eut Instituted by John w. Mont
komery of New York city and Belle
fonte. PA. for annulment Of his mar
risgo 20 Miss Peggy t'Ncrtle. an
sctress, daughter Of DIR. and Mrs. John
l'Nertle. ot Milwaukee. The couple
were married here about o'clock on
the morning of January % last. hav-
ing left Philadelphia shortly after
midnight In an automobile. They
were accompanied on the trip by Miss
pianna Gordon. another actress. and
several other young persons. and the
ceremony was performed by Rev. Dr.
Daniel Forbes Lockerbie. The bride
was member Of the troupe then
showing tho "i9s2 Frolic' In Phila-
delrhia.
Tho suit was instituted here by
Montgomery about 10 days after the
knot had been tied. He alleged that
he had known the young woman but
n Very short time. that ne was intoNi-
Gated and enticcd into marriage. After
their marriage the bride remained on
she stage and while the show was IN
baltimore. notice q the suit was serv-
cd on her. Through her counsel
James =. Evans and Harry Wolf. an
answer was filed 20 tho hill "f the
petitioner. II neither admitted nor
"a a
ed that strict proof he produced. stat
ms that Montgomery. the petitioner.
was under u years ~ age. an infant
under the law. yet no person was
named IN his hill as his next friend. 90
The plaintiff. or petitioner. occupied
tho witness stand the greater part ot
the day Hc alleged that he first met
Peggy. known IN tho stage ss Peggy
I Dell. on January . iu Philadelphia.
whilo he Was on a trip 20 that city.
lilo met her again q few evenings
later ON the morning ut January 70
he went from New York to phNadcl-
rhia on business. and while there met
couple of his former school mates
from Tome Institute. Port Deposit
During tho evening ne had been in
formed there would be n roof party
~ the Hotel Walton that night
Meantime his crowd. four in
number. procured three quarts 81
whisky. of which they drank freely
ne Jus, remembered goinE 10 the par'y y
bat had no recollection ~ what took
place. lie denied any knowledge 4
his visit 20 ElA'on. or the trip here
did NOT rememher applying Tor a mar
rlase license or when the ceremony
was performed The first information
about his paarrisse. he said. he obtsir
81 whom almost back IN Philadelphia
Al rrrt. he declared. he thought Il wts
only Joke After he realized Jus;
what had actually taken place. he talk
the matter over with Peggy. and she
stated There would be no d!ricultv
hl-out divorce
on denomination Montgomery
stated that he did not remember sign
ins the application book here when IN,
marriage license WAS issued lie Ws'
then shown tho book and identine,
rs signature. Upon request he wrot,
his name on piece of paper. Viii ,
VAS passed 20 Judge Wicke- FOR com
par.son With his signature on ~
license application. lie aCknov edge,
that prior 20 their marriage he IA,
written and aso telegrsphed Ms
tNertle
William SIMMONS. one 81 the tayica'
drivers who brought the party froi
Philadelphia. testified that Mon;som
cry Was drunk when they started: tha
they stopped In Wilmington and in
ouirod a. the police station about
marriage license. that Montgomer
took or his coat and undertook 10 r
in one - the cells 20 60 20 bed ~