New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-01-06
STILL PLAIN MISS HIGBIE.
WALTER VAUGHAN NOT HER HUSBAND

DECISION OF JUSTICE FERGUSON IN THE FlAIBI III
KISSING CASE.
The courtroom of the New-Utrechttown nan
was partly filed yesterday afternoon by male curiosity
seekers OF the rouCher kind when Justice Cornelius Feigu
SON. m took his seat to render decision III the ho'olos
1c-Vaughan mOck-marrago The elder Vaughan
and mis- hopeful son Walter present Annie Higbie
was represented only by her counsel and her father
Aera moment OF expectation the part OF the audience
the Justice announced that after carefully anayZg the
testimony in the case he had to the conclusion that
no marriage relation existed between the defendant and
the complainant, and that j. Walter Vaughan was us
charged. The courtroom soon empty Mr.. Leggctt,
Miss Hgbc's counsel said that he intended to take tho
case to tho General Term of the supreme Court The
opinion Of the Justice is in part as follows:
The complainant in her sworn complaint alleges that
she the wife Of the defendant and that he refuses 10
support her. He denies chat they are husband ana we
Whether not he can be compelled 10 support heT Ge
ponds upon the determination OF the question raised ny
her allegation and his denial OF the existence of the mari
tai relation between Them She claims that they were
lawfully married July 10 1888 by Charles Areson IN the
presence several boys and girls al church socable in
Fiatbush He admits that on that occasion they went
through The form OF maria o1L aene aa
mOny performed for the purpose OF uniting then III
matrmOny aud claims that TIE wEoe pet,OrilhoS wa,
lest and that IL regarded ana treated Dy all
those who witnessed IT, The question nave 70
determine is, did this boy and girl on the
occasion referred to- mutually agree TO enter into
the solemn relation OF husband and Wifef In thls
state the intervention OF clergyman or nasrate Is LOU
law does not require the of formal words to express
need such consent be attended by any ceremony mani
tested bY any particular act or sign jerome vaughan
and Annie f. IIgba were both Legally qualified to assume
e matrimonial status The evidence is conflicting 10
what words used Introductory 10 and while going
through the form OF marriage ceremony. But "a formal
words are not required 10 express the mutual consent
which essential 10 the validity OF the marriage contract
and witnesses for the defence all testify TO the use
of words which were expressive Of such consent the
question of fact which must pass Is this: DID there
at the time exist in their minds matrimonial intent cor
responding to their outward words and acsi For If not
the marriage ceremony was oppressive OF an apparent
and not Of real consent a mock marriage Is
not valid marriage. am OF the
opinion that the evidence not warrant me IN hold
ing that the relation of husband and wife exists between
According to her testimony, they became acquainted
with each other about seven months prior TO July 80
1888 During that period she met him several times 81
church s0ciables ia Flatbush and call over" She says
he sometimes visited her at her sisters house ana spent
the evening with her in the hammock, and mat he wIs
very socia lie and used to put his arm around hcr waist
ever contemplated matrimony. On the evening OF July
49, they met each other at church sOcaDe htld aI MI
Cases house in Fatoush she was not seventeen years
of age and he was not eighteen years old cOtere OF
boys and girls, including Walter aud Annie separated
from the rest of the company ana went our on e lawn
where they played crOquct, Knocked the balls around
Annie they had lois of fun should Judge from The
testimony that these boys and girls were roncsOne ght
fun and froc was proposed hat they shona an get
ma lied in fun. Walter and Annie were the hrst to get
married. He atterward married 70 one OF tue ohef
girls and she TO one OF me off hoy ne oteI I9y anu
girls married and remarked. They we're all mock
liked. The testimony Annie a. TO the words pro
nounced by Charles AreOn and as TO what was SAID by
Walter concerning the legality OF the marriage ceremony,
Is fatty addicted by the testimony OF eight disnter
ested witnesses believe their testimony According
to her testimony she did not then believe that
She was legally married. 1t did not occur 10 her
that she 70 become his wife IN and there. The
letter written by Walter the day characterzes the
performance Of the previous evening mere joke she
letter to Walter signing herself re- his WIFE, but
her mother forbade her from doing again. He invited
her ride, but she refused for the reason that
her mother would give her permission TO accept his
invitation. The correspondence between them were or
most norsensca character In an interview between
her mother and Walter at which present two OF the
boys who had witnessed the performance AT the sOclabe
the discussed. While her
mother talking the subject she broke In and said
the use talking about IT, and that the lawyer told
her it legal she laughed in his face Her mother told
her 20 shut up that she was too young and lneXpcr
cnced On that occasion, while AresOn aud Berry
in the doorway talking to her mother, An
mic said 10 Walter they being alonel that
making. thai she always considered It Joke and she
toirE- Fts -
Walter She does not deny it. 1t Is evident 10 my
mind that Miss Hghic, II left herself, woud
Vaughan. IN my opinion this proceeding las been ns
tucd at the suggestion Of persons who ought not TO have
exposed her to the gaze Of the public.
For what took place at the sOcidbc the church under
whose auspices il held il responsible Such per-
f0manccs the result Of the loose notions OF
would not neglect the discharge OF the parental
functions, mock marriages aud ndiscrmlnato kissing
would moi hc frequent. decide that The relation OF
husband and wife does not exist between Jerome Walter
Vaughan and Annie f. Higbe, and consequently he is not
bound To support her.