The sun., 1884-01-06
ANNIE HIGBIE NOT A WIFE.
THE DECISION IN THE ELATBUSH
MOCk-MARRTAGE CASE
Miss Hishie's Lawyer saYs he Will Carry tho
Case to II Higher Walter Vaughan
Set Free-No Other Member OF the Kissing
Coterie In Ceurt-The Cost OF n Froite.


Case to IN Higher Court-W Walter Vaughan
Set Free-No Other Member OF the Kissins
Coterie In Ceurt-The Cost OF Froiie.
The New Utrecht Court House stands al
most alone In a vast level area OF snow and ice.
like q ship In frozen sen. Tho wind blew 30
hard and 1t was 30 intensely cold yesterday
that only three persons who were not obliged
to be present went to tho Court House. These
were Mr.. Vaughan who Is never spoken Of In
that section except rs Waters fathcr;" Mr..
HiRble. who is referred to rs tho father OF tho
girl" and tho bartender. who tends bar In the
only other house. and who had to quit the bar
room to find the crowd for tho first time In q
long while. The occasion was tho hearing OF
the decision In the Higbie- Vaughan mock
marriage case. Walter. tho prisoner. who was
accused OF abandoning Annie Vaughan. after
marrying her at q Flatbush sociablc. sat in tho
dock. with Mr.. Poucher. one OF his lawyers.
Tho handsome and courtly young Justice OF
the Peace. Cornelius Furgueson. Jr..announced
his decision. which was that no marriage be-
tween Walter and Annie had been proven. and
that therefore Walter was discharged from GUS
tody. Then Mr. Poucher. brimming over with
admiraton for he he, Court th9n6ed nG his Honor
sas tea hs5
in this one. Mr. Legeett. counsel for the GIRL
snd Sas sad mo- no,hnE water when tie
Court Informed him that he was discharged.
tiee. in his written opn ion mr. reSiewed tho law and
the testimony at great length and after consid-
;" Tho complainant in her sworn complaint
alleges that she Is tho wife M Of the e. defendant"
that Se
and wife. Whether or not he can can be compeIied
sppnort hSr depends on the dS,ermnatI0a
denial Of tho existence Of tho martial relation
them She a that they w
sas IN S0ff s1s
Marriage mar f cereinony. @ but denies that she SUP.
posed 81 was led e belieys By him that the
na he% S
the whole performance was but q Jest. and that
" who SS Witnessed ne % It. It IS my duty y harmoniss m
rs much as possible the conflicting testimony
s 81 The 81 hs
letters. nnd that the conflict is not 80 serious
fhe fthhsusat sshestsn gas have to determine the
Court SonMtinsoa. is Did this @ boy and girl. on on
the occasion referred TO- mutually agree to en-; en-;
wife In this State the intervention Of a cler-
Eyman or. magistrate is not essentinl to the
express tho mutual consent Of the parties to the
is ali that is required Of a man and woman in
order to enter into the relation Of husband an and
bic were both legally qualified to assume tho
matrimonial status.
Scotland. ior there. M as here the marital rsa. a.
o may be dIy s f8n"f Ssore
coass = '1s TefSy
that Of ladies wsom na rsnte
Justice Of tho Pence. went on an excursion.
After hy mad to city
shsnd se Cd and that aHu sSo%d
psrorm the mHfr!ase They were
scribed by the statute. . He did not
idcate Of, tho marriage: The parties them
circumstances the Chancellor declared it to be
imposed on the defendant. unless at tho timo
the, complainant alleges that 1t vas conferred
insy a4d 0Sih thy sht he
Piles Of lay to which have referred. am Of the
wife exists bstween them"
:, The Justice ,hen reviewed the testimony In
other about seven months prior, to July ID.
1888. During that period she met h. i'm several
times at church sociables in Flatbush and all
over she then lived in Brooklyn. but 9cca- ca
.. BUSH BUSH. She says no Sometimes Visited her at
her sisters house and spent tho evening with
. | HpT III lHe nNHIlbtk. anu tIlht Uo wis NeIy
sociabe. and used toput his arm around her
waist and make love to her. But sho does no,
fmony hs 5Sy
cnch other ~ q church l,uir socabIe: held 1T
r Sat she had an eseo and
evidence that either knew that the other was
to be at tho socnhiS Their minis MI were not ct Il
vas not yeSWys 1d soeTie Of boys aaI
!, from the rest Of the company. and went out OF
= the lawn. where they played cr?quet. knocket
played to their hearts content. Annie say'
: they had lots OF fun.
= .! should Judge from tho testimony" th,
7 were i irolicsoms, ight. .hoaded. and much in
. cned to Irritation. In the midst Of tun nnt
MARI married vi" in iaD Wa!,er and Annie We're IL,
first to get married Hs was stterward marie, M ie,
S0$S O%{h iSs ss SsS S
:, marriages The sillierT, tho cerformnnca TN
batter I, xss wall liked e The whole affair ors
8 The testimony oof Annie as to tho words
PRONOUNCED by Charles Apss9n Gnd ,n as to Whn
Hs narr%sp sa s csrSmsny Sn' i aty e
!. by the testimony Of eight, dlsinterestod wit
am latsa ifHyi s"GF aSs!%ea that .h
c case no matrimonial intent then existed. ,Ae
! cortling to her own testimony sho did not th9i
1t Walter tho next day characterzss the per
y a mere Joke. On july rs sho told he
!, mother all about what had taken place ol
1t the evening of July 10. She wrote on letter Il
10 Walter signing, herself ms his wife, but he
u mother forbade her doing so ngnln. H1 invite
9. reason that her mother would not give he
70 permission TO ac.cep, his invitation; She ,'l
's mits ..a every time 10 called to 500 her at he
sisters house up 10 Aug. Z. he VA; ~ !lle CON
pany OF some Of the other boys: That ha ca'le
but once at her house IN YrookIyn, and TIM
N. was there. The correspond nee between lhrt
~ was Of tho most nonscnslcal character,
"Ahor July 10 she went 10 socubvE alone q
ri escorted by other boys and up to Noyembe
- Waiter continued his visits To ay4un: lady, q
h9uSf b. s % h n3 rec,
'r, with her; do not think that she is so uttcrl
rs depraved and lost to oil sense, OF decenc
nj and modesty rs to be guilty OF dc
ut ing what she says was iono on tina
~. occasion. Her subsequent conduct and TIM