The marriage certificate would have been in her real name, Emma. The cops knew the victim under her stage name, which she got from a guy some distance away. They may not have been able to connect the two. They didn't have as much access to information back then as they do today.
This is, of course, ridiculous. What does it matter what name she's using? There's no indication Garrett changed his name. If they did a thorough check of his background, which they supposedly did, they would have found that he had been married at one time. Naturally, they would have had to follow up on that to make sure there wasn't any association with the victim.
They go in search of the wife and along the way find out she and the victim were one in the same person. The victim would have had to change her name legally in order to use it officially. At the time this movie was made, the IRS existed. Whatever name she used professionally or familiarly, her official name (assuming it was never changed) would be known to her employer. If it was changed, there would be records of it.
Even if that connection wasn't made initially, once they discovered the victim's real name as they did towards the end of the movie, they would have figured it all out and wouldn't have needed to rely on his confession.
Woman, man! That's the way it should be Tarzan. [Tarzan and his mate]
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