The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1916-02-25
COURT ER|JOGES
UNJUST SENTENCE
Conviction Of Filipino Man and
Woman Was Based Upon
False Testimony
PERIURER ENDS HONEYMOON
Husband and Wife Z Released
From Prison on Motion Of
District Attorney

Benigna Paearo, q Tenure little FIJI.
pima, Is again q Free woman. she was
convicted late last year Id the federal
eonrt OF the charge OF bieamy and sem
fenced by Judge Dole 10, -four months
Imprisonment in Oahu prison and opay
ihs.aoAts Of the proeeedipgs which were
quite heavy. ae as rsf
Judge Clemens has set aside this
Judgement and ordered the prisoner dis
eharged from custody. Incidentally,
N,micio Paenro, ON the marriage to
whom Benigna was c1nyieted Of big.
amy and statutory ofense, was also
eleased from prison, the judgement in
his case being set aside.
! Nemecio aud Benigna left-the cont
free man and woman and the honey
moon which o miscarriage Of Justice in.
terrnpted, Internationally a. it was, has
been resumed.
Letter Causes Trouble ,s.ts .
The story Of Benigna's troubles
reads like q romance. N. 3a:.s. .-..
1 Benigna and Pasqual Dagoman were
married on the other side Of the island
n October, 1914, after thew had ivel
together for some time, ana shorly
afterwards a baby ease 10 The coup @.
Everything sce.lel % g luEn;ng it'VuI
nicely until one day ,,oaislias s,eart her
husband reading a, lettes .be Hal 70.
csiyed from the Philippine lllan s.
The writer addressed Paslunl as hs
tonfin,law and informed hjrr TINT Pas.
quail q wife was getting along well
but missed him, She asked Pasqual if
he would not send her some money for
| lothes aud shoes. " b &.,.,EG
true that he had d real live wife in the
| ~ answering that before he had come
| 0 Hawaii he had a Hllbaya,'', o.
Mistress in their homeland, but that
hey hal not heen lawfully married b.
he church. ssst'i' 4 tsS'
Pound Another Husband II -
| The little woman cried and mcFIl
around for a little while. Then sho
Eried her eyes. A week later Pasqual
'or d Benigna and thrir little baby
missing from their humble home. He
traced her to another county village
1 n the island and found her living with
| Neniieio Paoaro With thims Was the
Dagomah baby Beuigna inpher flight
had also taken along 300, Which rep
resented Pasqual s savings as 4 ,pianta-
/ ION Iaborer. ,.s . a&i 3atiWFaS
=" Beat it, Pasqual. while the beat,
pg' is good; l don't lovk you any
more, Bepigna told Pasdaal, or some
hing to this effect. i ,Fs.'s7.
| Pasqual wanted Benigna TO return
with him and leave Nemieio.
] 'tNothinG doing" retained Benigna,
With Grmness, as she showed him the
marriage certificate which made BE.
ligna and Nemicio wife and husband.
I'm Nemicio's wife and you're not
NY husband, she told Pasqual.
Pasqual gathered their baby to his
arms and sought J. McCarn, who was
hen district attorney McCarn had
8eagna and Nemicio indicted, and il
certainly looked like strong case for
he government.
Convicted Of Bigamy
When the case was tried Benigna,
tearfuliSH but firmly insisted that Pas.
qnal Dagoman had living wife in his
country. Dagoman presented wit,
nesses who swore that they had either
known or heard of the woman but only
as Pasqual 5 "babaya," or mistress.
The case was then an easy one for the
government, and District Attorney
Vaughan, who was at the time Ne.
Narn s assistant. secured a conviction
against BcnigRa. The ease against Ne
miciO was a plain one, in the light of
Benigna s conviction, and Nemicio was
also convicted. Both, were sentenced to
terms of imprisonment.
Attorney George X. French, who ha |
| a
was certain that the little woman ha
told him the truth In regard to Pas.
quail having living and lawful wife ia
he Philippines + From those islands he
secured recently certain 9documentary
@roOf of Pasgual s marriage to the first
woman. He moved for the setting
aside of tho judgements in the cases o.
bis clients and Judge GlemoHs yester.
day granted the motions, freeing the
two apparently innocent persons.
Vaughan Makes Statement -
ii In short statement made TO the
court, District Attorney Vaughan yes,
terday assured Judge Clemons that tn q,
prOseeution Of the woman and man hal
y EN- regular aud that in the light of
the evidence he had then, he believed
, hat both were guilty" III .eSw of tho
Documentary evidence5now on hand
rowing an evident, though uninten-
'iOnal miscarriage of Justice. Mr..
Vaughan said that he would offer no
objection to the setting aside Of tho
verdicts. ... 1T
Benigna aud Nemicio, freed from
prison, are now satisfied that their own
marriage was valid one. At least.
thy left the courtroom yesterday AMI
went home together. PasQual may send
% the Philippines for the other wife.
"e"""hile he has Beuignas hahy with