Cc. Cc. Carberry Convicted and Sentenced to Two Years Imprisonment In_the U.S. Court for China last Friday Hig Honour Judge Lobingier gave judgment in the case in which Charles C. Carberry, alias B. Pinder, was charged with bigamously marrying a Russian woman, Evprazia Z. Zimina, his lawful wife being still alive and resident in the state of New York.
Mr. L. G. Husar, District Attorney, appeared for the prosecution, and Major C. P. Holcomb and Mr. H. R. Snyder for the defence.
In delivering judgment, His Honour said, in part:—This is a prosecution for bigamy. The accused admits that he was married in Shanghai, on February 11, 1923, under the mame of Bernard Pinder, and the information charges that he had previously been married in New York City under the name of Carberry.
A document purporting to be a copy of a marriage licence issued to Charles Carberry and Frances Newman on October 20, 1920, is certified to correct by the Clerk of the County Court and the Supreme Court. It is objected that the certificate of a judicial or other officer as to the status of the clerk is omitted, but the point is rendered immaterial by the offer of a confession made by the accused to the United States Attorney during an examination in his office before the arrest in which the the accused expressly admits the previous marriage.
This confession is assailed on the ground that accused was not warned that it might be used against him. We know of no statute 60 requiring in this jurisdiction, and the Supreme Court has quoted with approval the following: It is laid down that it is not essential to the admissibility of a confession that it should appear that the person was warned that what he said would be used against him, but on the contrary, if the confession was voluntary, it is_ sufficient though it appear that Be was not so warned."
In this case there being nothing to impugn the evidence and the only doubtful point, i. e., the prior marriage, having been admitted, we must find the accused guilty of the offence charged. The penalty is fixed by the follow-li provision: Every person a husband or wife living, another, whether married ey single, and any man who simultaneously, or on the same day marries more than one woman, is guilty of polygamy, and shall be fined not more than five hundred dollars and imprisoned not more than five years." Commenting on this provision, the District of Columbia Court of
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