Perry County KYGenWeb

The Lexington Herald
07 Dec 1910
ALLEN IS DISMISSED ON A BIGAMY CHARGE

Records Do Not Show That He Was Duly Married In Perry County

Justice Charles J. Haggin, acting in the place of. Justice Ben D. Bell, Monday afternoon dismissed the case against Harrison Allen of Jett's Creek, Breathitt county, charging him with bigamy.

Justice Haggan dismissed the case against Allen on the grounds that there was no record produced before him by Alfred Russell, clerk of the Perry county court, to show that "a person duly authorized to perform marriage ceremonies" had, on a cer­tain day of the year of 1880, performed the ceremony uniting in marriage the defendant and Mrs. Eda Davis Allen, wife No. 1, who swore out the warrant charging Mr. Allen with the offense.

Tho records of the office of the coun­ty clerk of that county showed  that during the year of 1990 Harrison Allen executed bond that he would carry    out a marriage proposal to the then Miss Eda Davis.      

Witnesses to Marriage.
There were filed in the case the af­fidavits of William Grigsby and John Smith, each or whom testified that, they had about the year 1880 witnessed the ceremony performed by Rev Samuel Combs of Combs Branch, uniting in marriage Harrison Allen and Eda Davis. The records of the office of the clerk of the Perry County court also showed that marriage licenses had been issued to Harrison Allen and Eda Davis. 

Mrs. Eda Allen, who claims affections of the defendant, sent a letter and an affidavit to Judge J. Percy Scott a few days ago in which she said that she understood that Mr. Allen had been married to Miss Rebecca Gabbert  by Justice Bell on June 24.  She said that she had married Allen during the  year of 1880, and that had raised a number of children.

Records Are Ordered

Justice Bell issued a subpoena duces tecum for the clerk of the Perry county  court for him to bring into court the records, it there were any, show­ing that the license had been issued and the return made by the regular officiating  minister or other person authorized by law  to perform marriage ceremonies. Wife No. 1 says that she married the defendant and has never been divorced from Mr.  Allen and she claims that on June 24 he committed the of­fense of bigamy by marrying Rebecca Gabbert.    The  defendant before Justice  Bell  several days ago admitted  that on June 24 he was united to the Gabbert woman  by Justice Bell.

Judge James P. Adams of Jackson, Breathitt county, was in attendance and represented Alien in the case before Justices Bell and Haggan.  The prosecution was conducted by County Att