The Brooklyn Daily Eagle from Brooklyn, New York • Page 1

IptaL fi $p0. 5, mtdag Jprningt $faniiarg 6, 1884 fywdvt age8 $krtt fornix. TO KM THE OLD MACHINE NOTHING BUT A JOKE. WHAT IS DOING ABKOAJ. BEFORE THE SAGES SPEAK.

Kings County's Soldiers in the Legislative Army. cisms which are leveled at him by his adversaries. They are of the opinion that tho Mayor is not desirous of challenging public antagonism by displacing the Genoral as Police Commissioner. Much doubt is expressed, however, aa to whether Messrs. Lauer and Evans will be aa Excise Commissioners.

It is argued on their behalf by those who approve of their system of management that they have served the city well and performed tho exacting duties of their office in a manner calculated to excite public approval. One of their friends denied in conversation with the writer that Mr. Louis Froehlich had any unusual or improper influence with the Board, that he is the agent of any liquor seller's association or that ho receives compensation for his constant attendance upon tho Commissioners in pursuit of licenses. It is well known that Mr. Froehlich was one of tho most ardent advocates of Mr.

Low's re election, and is believed by many persons around the City Hall that intimacy with him will by no means operate to the prejudice of Mr. Lauer or any other person who finds enjoyment in his society. Considerable gossip was caused yesterday by a rumor that Corporal Tanner was not to be returned as Tax Collector, but no credence was givon to it by persons acquainted with the Mayor's disposition toward Mr. Tanner. THE NAVY YARD.

Politicians say that under the present management Senator Daggett is the virtual boBs of the Navy Yard so far as patronage is concerned. All vacancies, according to the current rumors, arc to be placed at his disposal. Persons connected with the yard say that the screws will be put on more tightly than ever, and that the employes will not cease between now and next Summer shouting for Arthur, the old flag and an watched day and night, however. The dynamite fiend. Whitehead, who is undergoing penal servitude in Mill bankPrison, has been identified by the Birmingham detectives as Murphy, hailing from Boston, Mass.

Whitehead neither admits nor denies his identity. Dr. Gallagher, tho associate of Whitehead, who is a prisoner at Chatham, it in reported offers to make a revelation of the whole Irish American dynamite conspiracy upon condition that he bo released, or that his sentence be mitigated. Dr. Gallagher declares that he was himself victimized by his confederates.

It is suspected that Dr. Gallagher and Whitehead are being influenced to turn informers under a promise of release. The authenticity of the Orange circular recommending tho formation of military organizations in Ireland is admitted. Chinese Gordon has left Syria and goes to Brussels, the King of the Belgians otferiug him Henry M. Stanley's post on the Congo River.

Bad accounts from the Congo reach the Belgian Association. The members of the expedition are always fighting with the natives or among themselves. Many are returning home in broken health, while others have even committed suicide. General discontent is reported to prevail there. Tho Canadian Government is communicating with Earl Granville in respect to arranging a basis for the negotiation of a reciprocity treaty with the United States Government, including a settlement of the Canadian fisheries question.

The announcement that Lord Falmouth is on the point of retiring from the turf produces a sensation in the sporting world. This was considered tho greatest Iobs that could have befallen sports. Lord Falmouth will sell his horses in training and his brood mares and stallions from April to July. He baa been forty years a leader amnug turfmen. He never made a bet, but won between the yeara of 1876 and 1879 125,000 in stakes.

His retirement is ascribed to a discontent at the growth of doubtful practices in tho turf ring. THE ACTS AGAINST EETTINO. A section of reforming Radicals in the House of Commons are preparing a bill to extend and enforce the acts against betting. They propose to prohibit the publication of sporting tips and betting quotations. Members of betting rings arc forming a sportsman's defense association to protect their interests.

Tho Czar of Russia is sending a racing stud to England to enter into public events. The reports that Queen Victoria would be unable to hold drawing rooms during the coming Spring are untrue. The Queen's health is good and her presence at the state drawing rooms is certain. The DucheBs of Edinburgh, the Crown Prince and Princess of Denmark, Princess Victoria, the wife of Prince William, of Prussia, and other royal personages will attend the marriage of the Russian Grand Duke Constantino to Princess Elizabeth of Saxo Altenburg, which will bo solemnized at the Winter Palace in St. Petersburg.

The proposed visit of the Czarina to Cannes has been abandoned. A lifo size portrait of Miss Jennie Chamberlain, the American beauty, which was ordered by the Prince of Wales, has been placed in Marlborough House. The Chamberlain family are about to visit the Duchess of Edinburgh at Eastwell Park. Lord Ernest Hamilton, a younger son of the Duke of Abercorn, has left tho Hussars to become a stockbroker. Sir Theodore Martin is reviewing tho Queen's new book More Leaves from a Journal of Lifo in tho Highlands, from 1862 to 18S2." A public edition of the book will bo ready in February.

The report that Miss Mary Anderson was engaged to the Duke of Portland is denied. The rumor was part of a scheme to keep Miss Anderson's name before the public. The actress and the Duke have never met. BretHarto was a guest of the Duke of St. Albans at Bestwood Lodge during Christmas week.

M. Ohnet has written a letter to tho Era attacking Robert Buchanan, whom ho accuses of plagiarizing the drama 11 Lady Clare from M. Ohnet's novel "Maitre de Foges." Mr. Buchanan replies as follows 14 The novel only suggested the drama. All my characters are English personage and have no resemblance to their French prototypes.

Beyond two lines the dialogue is entirely my own. The motivo and psychology of my play are quite distlnot from those of the novel." Lottais now playing to better houses at the Opera Comlque. Her popularity is growing aud her friends are hopeful that she will ultimately score a great English success. Madame Marimon made her rc entree in Italian opera in Paris in "Martha" before an almost empty houBS. She failed to obtain a Bingle encore.

Slgnor Salvini is playing a fortnight's engagement at the Cos tan zi Theater in Rome. Critics say that he is at the height of his power. His houses have been well filled, but not crowded, a large portion of the audiences being made up of Englioh and American visitors and residents. The Crown Prince of Germany has sent Madame Lucca an oil portrait of himself dressed as a Silesian cuirassier. In a letter ho thanks Madame Lucca for her performances in Berlin.

The new opera by Mr. W. S. Gilbert and Sir Arthur Sullivan, entitled Princess Ida or, A Castle of Adamant," a respectful perversion of Teunyson's Princess," in a prologue and two acts, was produced tonight for the first time and was favorably received. Sir Arthur Sullivan, Mr.

Gilbert and Mr. D'Oyly Carte responded to an enthusiastic call from the house. The orchestra was led by Sir Arthur Sullivan, who looked very ilL The prologue is very good. It opens with an exquisite scene representing the gardens of a castle, with a river and a rustic bridge. The first act requires condensing.

The second act contains excellent music and is dramatic and humorous. The play is less comical than previous productions of the same authors. The humor is subtle but lacks tho laughter provoking element. The overture is short aud there is a rather fine opening chorus, with brilliant grouping. The trio of the king's three sons in armor is very good.

Leonora Braham sings a beautiful aria. Mr. Grossmith has a rather small part with, a very humorous song. Mr. Bracey, a tenor from the Comedy Theater, also appeared in the opera, A CONSULTATION' was held at the War Office to day for the purpose of determining what corps of the home and Indian forces are available as reinforcements for Egypt.

There wBre present at the meeting Earl Granville, the Foreign Secretary; Right Hon. H. C. Childers. Chancellor of the Exchequer; the Earl of Korthbrooke, First Lord of the Admiralty; Right Hon.

Joseph Chamberlain, President of the Board of Trade the Marquis of Hartington, Secretary of State for War, and tho Duke of Cambridge, Commander in Chief of the Forces. Orders wore sent to the Indian Government to report as to tho availability of Indian troops for immediate BcrYice. words were used introductory to aud while going through the form of a marriage ceremony. But as formal words are not required to express the mutual consent which is essential to tho validity of tho marriage contract, and as the witnesses for the defense all testify to tho use of words which were expressive of such consent, the question or fact on wnich I must pass is this Did there at tho time exist in their minds a matrimonial intent corresponding to their outward words and acts For, if not. tho marriage ceremony was expressive of an apparent and not of a real cousent.

A mock marriage is not a valid marriage. Matrimony cannot be created by a marriage ceremony which ia understood by tho parties themselves, as well as by tho officiating person and the spectators, to be but a farcical performance. "When words of present consent are uttered in sport or jest they are not at all obligatory in so serious a matter as matrimony." (Swinburne's 11 Spousals." Bishop on "Marriage and Divorce." tec. 233, 4th Ed.) Cases similar to this one frequently arise in Scotland, lor there as here the marital relation may bo created by civil contract unattended with specified formalties before a clergyman or magistrate. On tho quostiou, "to what extent parlies who use words expressive of consent are bound by them, when thoy do not in fact intend matrimony," Mr.

Fraser says that the deciaions of the Scotch courts and of the House of Lords are to the effect "that, although tho parties may have exchanged in words the most unequivocal consent, there would be no marridRo, if it bo proved that they intended somuthiug different and only went through the proceeding asa jest, or intended it as a blind or cover for some purpose of their own, aud gave, in short, consent in form but not in fact." (1 Frasor's Dom. Sec. 213.) At pp. 20, 21, of Tho Report of the Itoyal Commission on the Laws of Marriage," tho legal effect of dc I cla ration by parties in a Scotch marriage case is stated as follows: "The most express declaration, oral or in writing, by both pat lies, that they are husband and wife, will not mako them so unless the judue i satisfied that the in i ward intention of their minds was in accordance with 1 those outward words or acts. This had been held not only as to declarations concerning the past, but even as to woids expressive of present consent which, if piu corely ahoken, would have themselves constituted mar i riage." 1 a pnrKCipr of ameiucan law.

This is also a principle of American law. Mr. Bishop 1 states the rule as follows: The doctrine, otherwise expressed, appears to bo that in this matter of marriage consent is so essential ns to leave the tonus of marriage, into which it docs not enter as a thing of fact, mere unfinished and im perfect caskets, to which tho law declines intrusting its jewel matrimony. The law will not, in still other worda, impose a consent upon parties in whose minds it does not exist in reality, though they havo gone through with i form of consenting." (1 Bishop on Marriage and Divorce, Sec. 233, ith Ed.) In a case in the New Jersey Court of Chancery (Mc Clnrg vs.

'Jrry, 21 N. Eq. 26,) it appeared that a partj of ladies aud gentlemen living in Jersey City, among whom was a Justice of tho Peace, went on au excursion. After they had returned to the city it was proposed that one of tho ladies and gentlemen should get married and that tho Justice should perform the marriage ceremony. They were all in good spirits.

The Justice performed the ceremony according" to the form by the statute. He did not know whether or not the parties were in earnest aud contemplated making and filing a certificate of the marriage. The parties themselves and all the rest of the company except tho Justice, intended it as a joke. Undor these circumstances the Chancellor declared it Is to be nullity. A Court of Equity may generally compel a party to specifically perform his contract on the ground that in equity and justico a man ought to do what he agrees to do.

But although a breach of contract to marry is as violative of the principles of justice aud equity as is the breach of any other contract, yet a Court of Equity cannot compel a party to enter intn the marriage relation in accordance with his agree ment to do so, for the rvasmi that it would be contravention of public policy to impose the matrimonial status on a party against his consent, even though ho had previously agreed to give his consent. The status of marriage cannot bo imposed on the defendant, unlt ss at the time tho plaintiff alleges that it wa conferred on her, they both mutually intended to become husband and wife. In the light of tho principles of law to which I have referred, I am of the opinion that the evidence does not warrant me in holding that the relation of husband and wifo exists between thein. According to her testimony, they became acquainted with each other about seven months prior to July 19, 1883. During that period she met him several times at church sociables in Flatbush and "all over." She lived in Brooklyn, but occasionally visited her sister, who lived in Flatbush.

Shu say a bo sometimes visited her at her sister's house and spent tho eveniiifl with her in tho hammock, and that he was very Hociable and used to put his arm around her waist and make love to her. But she does not claim that they ever contemplated matrimony. On the evening of July 19 they met each other at a church suciablo held at Mr. Case's house in Flatbush. It does not appear hut she had an escort, and there is no evidence that knew that the other was to be at tbe sociable.

Their minds were not in a serious mood that They both wero very young. She wa3 not 17 years of age, and he was not 18 years old. A coterio of boys and giris, including Walter and Annie, separated from the rest of the company and went out on tho lawn where thoy played croquet, knocked the balls around, danced aud romped and played to their hearts' content. Annie says they had lots of fun. I should judge from tho testimony that theso boys aud girls wero frolicsome, lightheaded and much inclined to flirtation.

In the midst of fun aud frolic it was proposed that they should all get married in fun. Walter and Annie were the first to get married. Ho was afterward married to one of the other gnis and she to one of tho other boys. The other boys and giri were married and remarried. AU the marriages were conducted in fun.

They were all mock marriages. The sillier the performance tbe better it was liked. The whole affidr originated and ended in play. The testimony of Annie as to the words pronounced by Charles Areson and as to what was said by Walter concerning the legality of tho marriage ceremony is flatly contradicted by the testimony of eight disinterested witnesses. I believe their testimony.

The evidence is conflicting as to the subsequent occurrences tending to corroborate or discredit the theory of a valid marriage. Annie's testimony is uncorroborated, unless by members of her own family, and their testimony relates to matters of minor importance only. Evidence of facts occuring after the performance of a marriage ceremony is admisnablo for tho purpose only of throwing light on the question of matrimonial intent while thu ceremony was being performed. I am satisfied that in this case no such intent existed. According to her own testimony she did not then believe that she was lcgolly married.

It did not occur to her that she was to become his wife then and there. Tho letter written by Walter the next day characterizes tho performance of the previous evoning as a mere joke. On July 25 she told her mother all about what had taken place on tho evening of July 19. She wruto one letter to Walter signing herself as his wifo, but her mother forbade her from doing to again. He invited her to a straw ride, but she, refused for the reason that her mother would not give, jt permission to accept his invitation.

She admits that every time he called to see her at her sister's house up to August 2, he was in the company of some of the other boys; that he culled but once at hor house in Brooklyn, and that her Bister was present during aU the timo hp wan there. Tho correspondence between them was of the most nonsensical character. Ho spent his vacation in the country and wrote her a letter from Buffalo, in which ho states: "This is being written in tho law office of my cousin Wm. B. Hoyt, who ia takiug steps for me to annul some of my many marriages.

Buffalo is the greatest place for girls I ever did see, no end to tliem, in fact tlin times as many giris as there are fellows." He returned to Brooklyn September but did not write to her before the 17th. In that letter he informed her that his cousin from the country, to whom he had referred in his letter of August 20, was there on a visit, and that ho had promised to take her to Manhattau Beach and the theater. Sho answered that letter. Her lettar does not contain the slightest suggestion that they were husband aud wife. Its tone is entirely different from that of a letter from a wifo to her husband.

In her luttur of October 15, iu which she for the first time claimed that they were husband and wife, she makes the following admission "I did not regard our marriage as legal as I am obliged to believe it at present." After tbat, in an interview between her mother aud Walter, at which were present two of the boys who had witnessed the performance at the sociable, the character of the ceremony was dis cuHsed. While her mother was talking on tho subject she broke iu and said it was only a joke aud done as a joke, and what was the use of talking about it, and that when the lawyer told her It was legal she laughed in his face. Her mother told her to shut up, that sho was too young and inexperienced. She says she does not remember that such worda were used on that occasion, but Walter, Areson and Berry all swear positively to the contrary, and her mother does not contradict them. Their testimony is Bubsiantially uncontradicted.

On that occasion while Areson and Berry were in the doorway talking to her mother, Annio said to Walter (they being alone) She was very sorry for tho trouble this was making, that she always considered it a juko. and she said this was i all her mother's doings." This is sworn to by Walter, i She does not deny it. After July 19 sbe went to socia bles alone or escorted by other boys, and up to Novem ber Walter continued his visits to a young lady at whose house he first met Annie. I do not believe that Walter ever had sexual intercourse with her. The circumstances under which she says the act was accomplished, and the way in which it was accomplished discredit bur testimony.

I do not think that she is bo utterly depraved and lost to all Bense of decency and modesty as to be guilty of doing what she says was done un that occasion. Her subsequent conduct and that of her mother, who, according to her own testimony was made aware of the fact two days afterward, Is utterly inconsistent with the supposition that such an act had taken place, or that if it had the iutorcouroo was matrimonial aud not illicit. Walter denies that such an act over took place. It is very evideut to my mind that MIbb Higbie if left to herself would never have claimed that she ia the lawful wife of Walter Vaughan. In my opinion this proceeding has been instituted at the suggestion of persons who ought not to have ox posed ber to the gaze of tho public.

For what took place at the sociable the church under whose auspices it was held is not responsible. Such performances are the natural results of the loose notions of boys and girls, for which their parents are t6 If parents would not neglect the discharge of the parental functions mock marriages ond indiscriminate kissing would not be so frequent. I decide that tho relation of husband and wito does not exiit between Jevomo Walter Vaughan and Annie B. Higbie and consequently he is not oound to oupport her. Cohnkliub Fdbgtjeson, Justice of the Peace, Town of New Utrecht Annie Hig lbie'si Marriage to Walter "Vaxag hii.

Justice FergnesorTs Decision at New Utrecht Yesterilay Marriage a Divine and Civil Institution, Not a Mockery Flatbush Girls who were Frolicsome, Light Headed and Much Inclined to Flirtation Circumstances Which Discredit the Complainant's Testimony and go to Show that She Had no Idea of Matrimony. There was nothing dramatic abont the scene which followed the announcement of Justice Furgue son's decision at the New Utrecht Court House yesterday afternoon. In some mysterious manner it had been anticipated. The. bulk of the spectators wero confident that the fair complainant would have no reason to rejoice at the rulings of his Honor, and her lawyer, Mr.

Leggett, certainly anticipated a finding adverse to his client. Mr. Leggett is far below tho middle height. He carries his head on one side, as if his neck had received an oblique twist in early life and had never been quite able to recover itself. He is impetuous and easily aroused.

In a tilt with a legal adversary he is very apt to give full play to his feeling and not to be too guarded in his choice of terms. He waited with some impatience for the arrival of the Justice and frankly confessed that, from what he had either heard or read, he thought the decision would go against him. Counselor Poucher walked into the court room as briskly as if the whole town owned but one stove, and that was in the Town Hall. Ho was as cheerful as if every line of the decision could have claimed him as an author, and had pleasant salutations for everyone he recognized. The defendant was evidently in a similar frame of mind.

When ho was asked what ho thought the judgment of the court would be he said he had not the least idea, but that, if It was based upon the law, it certaiuly would not be against him. Nobody in tbe court room had auy recollection of a more biting blast than that which whistled about the building, but it did not keep away the New Utrecht youths. They crowded up as near the bench as they could get, and discussed, with much penetration, the legal problems involved in the trial, when they were not engaged in reveling in its more prurient details. It was ten minutes after three when His Honor reached the Court House. Thoso who expected to listen to a reading of the decision were disappointed.

He at once took his seat upon tho bench, used the gavel vigorously, and called for order in the court room. There was no necessity for this. There was absolute silonco when His Honor said THE DECISION ANNOUNCED. 1 I have given proper consideration to the case of Annie E. Hlgbie against Jerome Walter Vaughn, aud the conclusion I have reached is that the complainant and defendant did not sustain toward each other the relations of man and wife.

I therefore order tho discharge of Walter Vaughn." Just tho faintest ripple of applause followed theso words. It died away as Mr. Poucher rose and said I waut to say on behalf of the court, not because Its decision is in favor of my client, but I want to thank the court for tho care aud attention it has given to this case during its progress and to the testimony, I am sure, since it was given to your Honor. Never before has it been my pleasure to appear before a justice in this part of tho country, and I must acknowledge the courtesy with which I havo been treated." The' Court bowed in acknowledgement, and the spec lators looked at Mr. Leggett to see if ho would supplement the tribute.

Mr. Leggett manifested no desiro to follow suit, and the Court again brought down the gavel, declaring that the business of the day was over. Mr. Vaughn, a stout, well preserved looking gentleman, who is getting advaucod in yeara, hurried over to his eon's side aud threw his arms about him, winding up the demonstration with a kiss. The boy submitted to the embrace with great equanimity, offered a cigarette to a friend and ventured the opinion that there would be little left of a five hundred dollar bill whon his Biro's expenses in defending tho suit came to bo footed up.

Mr. Leggett said that the case would be carried to a higher court and that it could not be relinquished while there was left a legal opportunity for further fight. Some little sympatny for Miss Higbie ae expressed, her own confessions on the witness Btand having swept away her reputation to no purpose. The decision is aB follows: ITS FULL TEST. The complainant in her sworn complaint allegos that she is the wife of the defendant, and that he refuses to support her.

He denies that they are husband and wife. Whether or not he can be compelled to support her depends on the determination of the question raised by her allegation and his denial of the existence of the marital relation between them. She claims that they were lawfully married July 10, 1883, by Charles Art'son, in the presence of several boys and girls at a church sociable iu Flatbush. He admits that on tbat occasion they went through the form of a marriage ceremony, but denies that she supposed, or was led to believe by him, that the ceremony was performed for the purposo of uniting them in matrimony, and claims that tho whole performance was but a jest, and that it was so regarded and treated by all those who witnessed it. The decision of the question tried before me involves serious consequences to the parties concerned.

For this reason I was very liberal in allowing counsel to in troduco testimony of every fact and circumstance tending iu tho slightest degree to corroborate or discredit tho theory of valid marriage between tha complainant and defendant. Tho credibility of a witness and tho weight of his testimony depend on his character as judged by his demeanor while giving his testimony, on the motives which influence hitu, tho strength or weakness of his memory, and on tho circumstances under which he acquired knowledge of the occurrence in reference to which he testifies. At the trial I had' an opportunity to judge of the credibility of every witness aud to duly weigh his or lior testimony. The testimony is very voluminous. It covers more thau three hundred pages of typewriting.

And several letters havo also been put in evidence. It is my duty to harmonize as much as possible the conflicting testimony of the witnosses. And after a careful perusal aud analysis of the oral testimony, and of tho letters, I find that the conflict is not so serious as I thought it was. The question I havo to determino ia, did thiB boy and girl, on tho occasion referred to, mutually agree to enter into tha solemn relation of husband and wife The marriage institution has its foundations in the law of individual selection, which controls and directs the sexual impulse. This principle of natural law is deeply rooted in the constitution of every man and woman.

The universal human heart throbs with desire of conjugal companionship, home, tendur offspring, yearniugs more passionate, perhaps, iu the young aud undisciplined than among thoso tutored by wisdom, experience and civilized intercourse. This desire, or the sexual love, seeks to appropriate its object, the mato with whose association these yearnings may be realized and in this appropriation consists marriage. Natural law is of Divine origin and iu this Bense the marital relation is a Divine institution. Civil society rests on the marriage relation, the functions of winch, in a state of nature, are bo felicitously described by Mr. Schouler in his treatise on Husband and Wife." Marriage, says this writer, is a rolation divinely instituted for the mutual comfort, well being and happiness of both man and woman, for the proper nurture and maintenance of offspring and for the education in turn of the whole human race.

Its application to society being universal, the fundamental rights and duties involved in this relation are recognized by something akin to instinct, and often designated by that name, so as to require by no means an intellectual insight, intellect, in fact, impairing often that devotedness of affection which is tho essential ingredient and charm of the relation. Indeed, the rudest savages understand how to bear and bring up healthy offspring. Legal and political systems are accretions based upon marriage and property but in the family rather than individualism wo find the Incentive to accumulation, and in the homo the primary school of virtues, private and public. At the same time, marriage affords necessarily a discipline to both sexes sexual indulgence is mutually permitted under healthy restraints woman's condition becomes noccRsarily one of comparative subjection man is tamed by her gentleness and the helplessness of tender ouVipring, and for their sake he puts a check upon hid baser appetites and concentrates his affection upon the home he has founded. Such is the conjugal union in what we term a Btate of nature.

The municipal laws relating to marriage, in force In all civilized countries, are based on the law ot nature, which, aa we have seen, Is the source of the relation of husband and wife. Political Bociety, however, ftxeB tho civil rights and obligations resulting from the relation. And it also prescribes tho conditions under which the relation itself may be constituted. With the religious character of the relation tho law has no concern. Marriage in the eye of the law is but a civil institution.

It includes in its meaning two things, namely 1. The relation of husband and wife. 2. The act by which a man and woman enter into that relation. The relation ia created by contract, the essence of which, as of every other contract, is tho mutual consent of tho parties thereto expressed lu words or manifested by acts.

In England, ever sinco the passage of Lord Hard wicke's act, iu the reign of George the marital relation can only be assumed in the presence of a clergyman or magistrate. Whether or not before that enactment anything more than an expression or manifestation of mutual consent to become husband and wife was required to constitute a valid marriage is a question that has given rise to much discussion. In this State the intervention of a clergyman or magistrate is not essential to tho validity of the marriage contract. Our law does not require the use of formal words to express the mutual consent of the parties to the contract, nor Deed such consent be attended by any ceremony, or manifested by any particular act or sign. Concurrence in matrimonial intent is all that is required of a man and woman in order to enter into the relation of huB band and wife.

Jerome W. Vaughan and Annie E. Higbie were both legally qisalified to assume the matrimonial status. The evidence is conflicting aa to what Preparations Among the Politicians for the Presidential Campaign. A Conference to Make Up a Slate for the Republican General Committee Wirepulling of the leaders lor Control Keeping an Eye on the Delegation to the ational Convention The Strength of the Dudy Daggett Combination.

Attitude of the Young Republicans What Will the Mayor Do? More than the usual interest attaches to the, cominfe organization of tho Republican General Committee of JSS4, for the reason that this is a Presidential year. The organization will be effected at the first regular meeting, which is to be held next Tuesday evening, but a slalo bearing the names of the officers will be agreed upon at the conference called for tomorrow night at Everett Hall. Tho invitation to the caucus, which was circulated among the delegates yesterday, reads as follows Brooklyn, January 5, 1884. A conference of the delegates to tho Kings County Republican General Committee for tho year 1884 will bo held at Everett Hall, No. 3'J8 Fulton street, on Monday evening, January 7, 1884, at 8 o'clock sharp.

Davii A. Baldwin. Wm. H. N.

Cadmus. Please present this at the door. THE RIVALRY FOR LEADERSHIP. "While there seems little probability of open warfare in the committee at the start, it ia evident, from the action of tho more prominent politicians that a great deal of wire pulling is in progress. The objective poiut iB the control of delegates National Convention in the early Summer and to the local nominating conventions later in the year.

The old lines of division between the Stalwart and Half Breed factions are almost entirely obliterated, and in their place has arisen a rivalry for personal leadership which promises to be inteuse. Ever since Albert Daggett received the nomination for Senator in the Third DiBtrict last Fall, the party men have bsen convinced that he has formed a political partnership with Michael J. Dady, the Superintendent of Repairs to Federal Buildings. The more recent association between Daggett and Dady has tended to confirm this view. It is said, also, that the combination 1b only part of a larger scheme, which includes in its ramifications the New York City machine, and has for its ultimate purpose to solidify the delegations from New York and Kings to Chicago.

Whether, if this project is successful, the delegates will be for Arthur for President or not has not yet been determined. A prominent Republican leader of this city, a strong Arthur man, said to tho writer yesterday "There is no doubt that Daggett and Dady are running the Administration politics of Brooklyn. I say Daggett and Dady, because thoy are working together, but as a matter of fact Daggett is the man at the wheel. AJ1 the tide of patronage is settiug in such a way as to show the existence of a perfect understanding between the Administration and tho President. Just now Daggett is an out and out Arthur man.

The question Is, Where will he be when tho Convention meets Will he stick to tho present understanding, or will he flop over after he is elected a delegate, as he did four years ago? In my judgment, he will turn up in entire accord with O'Brien, French, McCord, Biglin and the other New Yflrk leaders to whom ho owed his nomination for Senator." ABTHUR AND THE PRESIDENCY. "Is Arthur really a candidate was asked. "Beyond a doubt. He has not sought the nomination through the methods of John Sherman by the unstinted use of patronage and official pressure. By refraining from such a course ho has made friends and it will not do for him to turn around and change his policy at this late day even to oblige the What wo object to is not the participation of Daggett, Dady or any other Republican of this city in the councils or management of the party here, hut to the attempt of the New York politicians to run things in Brooklyn.

The New Yorkers have been doing a great deal of this business lately, but I do not think that they are doing the President any good by their course." A story has been going the rounds of late that Senator Daggett and his Now York friends are not really in favor of Arthur's renomination, and that at tho critical moment they will throw their strength over to Blaine or any other candidate whose nomination seeins probable and with whom they can strike a favorable bargain. It may appear premature to speculate upon this probability, but the probabilities are that if Mr. Daggett controls tho now General Committee, as now aeems probablo ho will be in position to deliver a a majority of the Kings County delegates to the convention for the use of his New York friends. THE PROBABLE SLATE. The new Committee consists of 117 delegates, of which seventy three hold over from the old body and forty four were elected in the recent primaries.

Most of the lately elected members have had previous experience in politics, and Mr. Dady and Mr. Samuel T. Maddox, who resigned last year 11 in the interost of peace and harmony," have been returned from their respective wards. The indurations are that David A.

Baldwin will be nominated for president of the Committee to morrow night. Mr. Baldwin, who is an official in the Bowery Savings Bank, represents the Twenty third Ward in tho Committee. Ho was elected first vico president at the beginning of last year, and when Tax Collector Tanner resigned the chairmanship Mr, Baldwin was unanimously elected to fill the vacancy. According to tho statements of delegates he has given general satisfaction by his rulings in tho chair.

While he is a close friend and adherent of Mr. Daggett, he haa not carried his sympathies into tho committee. His renomination for the chairmanship will not be opposed at tho conference, 'according to the gossip of yesterday. It is probable that some changes will bo made in the list of vice presidents. Considerable opposition is manifested to the re election of W.

EC N. Cadmus, of the Eighth Ward, to the secretaryship. Mr. Cadmus Is an extreme Half Breed, and the Stalwarts are of the opinion that some one less identified with faction should act as secretary through the Presidential canvass. The candidates mentioned against Cadmus are ex Assemblyman David Lindsay, of the Eighteenth Ward and Charles W.

Cheshire, of the Thirteenth Ward. Mr. Cheshire is handicapped by the fact that Assessor Small, who is the present treasurer of the body and a candidate for re election, comes from the same ward. Ho haB served aB secretary before to the satisfaction of the party men. Nothing has yet been determined as to the organization of the Executive Committee, but in aU probability Senator Daggett will be called upon to run tho machine iu the Presidential campaign.

THE YOUNG REPUBLICANS. The regular party managers are considerably disturbed over the possibility of an independent demon station on the part of tho Young Republican Club In the coming campaign. It is fenred that in the exercise of their correctiYO influence they may find it incumbent upon them to bolt the Presidential nomination, as they did the candidacy of Secretary Folger In 1882. The regulars are no longer disposed to sneer at the Young Republicans as a company of amateurs in politics. Tho influence of the club in the last municipal campaign, and tho dreadful black eyo they gave tho Stalwarts in tho Governorship fight, has given them a standing that makes tho old timers tremblo.

It Is generally thought that they would openly, repudiate the nomination of ex Secretary Elaine, and It is doubtful if they would not divide on tho selection of President Arthur. If Senator Edmunds should be nominated the club would undoubtedly indorse him. The members will, in pursuance of their former policy, pay special attention to tho municipal contest, and particularly to the nomination of candidates for Auditor and Controller. The proposition to make the club a nonpartisan, municipal reform body has boen thoroughly disoussed nt length, and there is now no likelihood whatever of its adoption. The attitude of the organization on the Presidential question will bo watched with interest, as many of the membors have wellde fined views on the tariff, with a marked disposition in favor of revenue reform.

THE MAYOR AND HIS CABINET. Mayor Low ia still reticent in regard to the composition of his new cabinet. Ho is said to be averse to making any change if it can bo avoided, and it is probable that the only vacancies will be thoso occasioned by voluntary retirement on the part of officials under his control. Tho announcement in the Eagle that Commissioner Hopes Intended withdrawing from the Department of City Works haa occasioned many expressions of regret on the part of citizens, and Mr. Ropes has been urged to reconsider his determination and keep tho place.

Ho is undoubtedly suffering from the effects of overwork, and his retention of tho office is therefore improbable. General Jourdan's friends say that he will bo reappointed, notwithstanding the criti Last Niffhts News and Gossip From the Old World. The Intervention of England in the Soudan. Concerning O'Donnell's Trial Renewed Fenian Alarms Dr. Gallagher Offers to Hake a RevelationThe Royal Family Jennie Chamberlain, the American Beauty Denial of the Report of Mary Anderson's Engagement to the Doke of Portland A Consultation at the British War Office General Matters of Interest.

London, January 5. The meetings of the Cabinet Council hava not resulted in any definite decision respecting the intervention of England in the Soudan. After yesterday's council, however, instructions wore forwarded to Earl Dufferin, the BritiBh Minister to Turkey, to question the Porte aB to the terms on which the Turkish expedition would be sent. It Ib reported 7jt Lord Gran rill is in favor of using the Turkish trcrJpa under condition that the Turkish occupation of the Soudan be for a limited period only. It iB not probable that the Port will anient to each terms if England insists on them.

The Egyptian Government is acting in concert with the Sultan in favor of a cession of the Eastern Soudan to Turkey, if England Bhould refuse to lend British troops to suppress the Mahdi. Sir Evelyn Baring, in his latest report, suggested that it might be well to make terms with Abyssinia as against the Mahdi, offering as an inducement to Abyssinia that she take a section of Nubian Egypt, which should include Port Massowah. Baker Pasha has opened communications with Has Aloula, the Commanding General of tho Abyssinian forces, asking him to make a demonstration in force against the flank of the Mahdi, at the moment that Baker begins his march to relievo Khartoum. The report has reached Baker Pasha that Bas Aloula has, it would appear, in accordance with this programme, crossed the frontier, and is advancing in the direction of Kassala with 20,000 Abyssinian troops. Baker Pasha's plan of campaign has been approved at Cairo it is, in brief, for tho total evacuation of the southern Soudan and the concentration of tho entire available Egyptian force between Suakim and Berber.

This will constitute his first lino of defense, and Kosseir and Bench will make the second line. Baker Pasha's plan includes also an immediate order to tho garrison at Khartoum to retire on Berber. The government at Cairo has, however, refused to sanction this last section of the plan, and stipulates that evacuation shall not take place until definite news Is received that the advance of the Mahdi. is likely to result in the shutting up of tho garrison. Colonel Coet logon reports that the population of Khartoum is armed snd very hostile in feeling and ia acting in concert with tho enemy, only awaiting a signal to attack the troops.

The fidelity of tho troops themselves is not the Mahdi's emissaries are active within as well as without Khartoum. It is their favorite prophecy that the Prophet will arrive in a short time. A deputation of the populace has been sent to the Egyptian Governor and has raised loud clamors againBt his allowing any resistance to bo made to tho Mahdi when ho arrives, as they say he is an envoy from God. The Catholic mission at Kardofan, which was released by the Mahdi, has arrived at Duem. They calculate that the Mahdi's army will appear before Khartoum about tho 20th of January.

ENGLISH OFFICERS EN ROUTE FOR EGYPT. A number of English officers have left England to join Baker Pasha's staff. Among them is Colonel Fitz George, the son of the Duke of Cambridge, and Colonel Fred Burnaby. There is no truth In the report that France has threatened to prevent the dispatch of Turkish forces to the Soudan. M.

Barrero, the French representative in Egypt, has renewed his offer to Cherif Pasha, tho Egyptian Minister of Foreign Affairs, that if English assistance fails he hall have aid from Franco. English offlicials in Egypt complain that there is a paralysis of their functions on account of the intrigues of M. Barrere with Egyptian officials. The French Government has made no communication to Earl Granville in respect to the Bituatlo? in Egypt, but communications have been received at the Foreign Office from Sir Evelyn Baring and Earl Dufferin, and these place Earl Granville ia possession of information that there is a persistent movement on the part of the French diplomatic agents to intervene in the Egyptian question. Earl Granvillo has sent an assurance to the Egyptian Government that it has been ietermined by tho Cabinet to help Egypt to the best solution possible of the present difficulties.

He advises a suspension of oil action by the Egyptian Ministry beyond the English sphere until further communication is received. The Tonquin situation is unchanged. The silence of admiral Courbet causes no alarm to the French Government. Premier Ferry has given his approval to a postponement of tho advanco on Bau Ninh until General Willot arrives at Hanoi to tako command. The French continue their reconnoisances from Sontay toward Hoang have mot with little encouragement and no direct result, owing to the low stage of water in the canals.

For tho samo reason it is likely that active operations will not be resumed until May. The murder of Colonel Sudeikin has formed the subject of a consul tatianat Friedriahsruhe between Prince Orloff, the Russian Ambassador to Paris, and Prince Bismarck, Prince Orloff was on his way from Paris to St. Petersburg, He stayed two days with Prince Bismarck. After returning from Friedrichsruhe Prince Orloff on Tuesday met the Emperor at Berlin by request. As a result of these conforences there was very evidently an increased stringency in the inspections of all the passengers traveling over the routes between Germany and Russia.

The police have made 'careful searches in all the quarters of Berlin, Hamburg and other centers of the Socialists, where they are known to be strongest. It ia rumored that the Prussian police have made seizure of a number of Bussian suspects, and have secretly consigned them to agents of the Russian government. The Czar has summoned M. Saburoff, tho Russian Ambassador at Berlin, and Prince Orloff to meet Baron Giers and other ambassadors of foreign Powers at the Russian court for tho pnrpuBo of a general conference at Gatschina. As a token of the friendly disposition toward Germany, tho St.

Petersburg cabinet has addressed an energetic warning to the Panslavist', agitators in the provinces the Baltic against a continuance of their attacks on the Germans in Russia. This warning is perhaps in duced by indications of a coalition between tho Pan slavists and tho Nihilists. The Germau reactionists are clamorous for the removal of Field Marshal Baron ron Manteuffel from tho Governorship of Alsace Lor. raineT on the ground that he 1b too lenient toward the clerical French clement and has permitted the provincial committees to become too independent, thus increasing the anti German feeling in that province. Emperor William and Prince Bismarck have for tho present refused to recall Baron von Mautsuffel, but Prince Bismarck has under consideration a new German policy in Alsace Lorraine involving the removal of Baron von Manteuffel.

The German Catholic papers Join In a chorus of congratulation upon the announcement of the Official Gaztttfi, which places the clergy of the bishoprics of Kulm, Ermeland and Hildeeheim on the State pay list from which they were cut by the operation of the May laws. This action ia taken as an evidence that Prince Bismarck is determined to complete his abandonment of the Cnlturkampf for tho alliance of State nd Church against the common foes Socialism and revolution. o'doxnell's TP.IAL. Tho United Ireland, commenting on this subject, the trial, says tho insane folly of the Irish in America failed completely, as did the hopes of his counsel, to aave O'Donnell by cultivating public opinion in England. HiB counsel wore further embarrassed by the pretended claim that he was an American citizen.

No authentic record of it was forwarded. O'Donnell himself could not remember when and where ho was nat uialtaed or whether he ever was naturalized. President Arthur thought that the fact that O'Donnell served in the war was itself sufficient to entitle him to citizenship. There are renewed Fenian alarms in reaped to the use of dynamite on tho part of the officers of tho Midland and other railway lines, but thoy havu failed to create any sensation with the public. Tho scare has been traced to certain anonymous communications designed merely to intimidate.

The depot from London to tho Midland counties are being 1 The Members in Whom Brooklyn is Especially Interested The Eve or the Winter's Battle With Problems Some Sketches of tho Men Who Have JJeen Sent to Aih.iny. Special Correspondence of the Eagle. Albany, January 5. Among tho law makers of tbe Stale capital for the next three or four months there will bo fifteen who will be carefully watched by Kings County, if they are diligent, honest and conscientious they will undoubtedly have tho good will and esteem of their constituents. The majority of the gentlemen aro well known to tho Brooklyn public, but a renewal of their acquaintance may not be out of place.

Little can be said concerning the three senators that is not already known. Jacobs and Kiernan represent Democratic principles, and Daggett will maintain Republican ideas. The two former gentlemen have a record of service in the Senate that they well may be proud of. This will be Mr. Daggett's first appearance as a member of a legislative body, but so long and actively has he been engaged in politics that he will doubtless conduct himself like a veteran senator.

Senator Jacobs will keep house this year at Albany, on Lancaster street. Senator Kiernan has a suit of rooms at the Kenmoro, and Senator Daggett will bo found at the Dolavan. THE ASSEMBLYMEX. The following gentlemen will represent Kings County this winter in the Lower House Michael Butler Democr.it 1st District. Richard Nafcle Domoer 2d D'sliicr.

Peter Kelly Doimwrat i irier. Patrick Burn.s Demociat 4th District Michael J. Coifoy Democrat Disiri. t. Tliuman Favrell Deraocr.it fith OiMm t.

George H. I Hrisny 7th Ditr ot Get.rao II. N'tson llepul.lican fith D.s ii.t. AlfrwJ Hodges Kewibliean 0th DiMnct. Jair.RsTn.vlnr Hepuhlican ti trut II fjnry Heath District.

Mortimer 0. Karl Democrat 12th District, Kings County haa a reputation, which it has maintained for several years, of sending about as poor a sol of representatives as come from any section of tho State. Generally from tho rural districts tho most intelligent man iu the place is honored with being made an Assemblyman. In Brooklyn, of late years, the qualifications for the office havo been regarded of so little importance that men who could hardly read and write the English language correctly, without an original idea iu their heads, have occupied seats in the Assembly Chamber. It remains to bo seen how the members from Kings this year compare with their predecessors.

From the present outlook Brooklyn will bo well represented. There will bo members probably, like some last year, whose voice was never heard in the chamber, except to vote or introduce a bill. Those who had the cxperietico of a previous session will appear to better advantage this Winter, and the rank that will be taken by the new members can only bo determined after the opportunity has been given them that will bring out their powers. Mr. Michael Butler, it will be remembered, was tha one Democrat last year who more than auy ono elso assisted Assemblyman Henry in standing by Mayor Low, and in opposing legislation that was detrimental to the best interests of Brooklyn.

Mr. Butler is a mau of some means, and has no other object in going to Albany than to faithfully serve the City of Brooklyn and make for himself a reputation that comes only from good works and honest purposes. Mr. Naglo is a young man who will mako his first appearance in legislative halls this Winter. lie will have a Beat by tho side of Mr.

Patrick Burns, and it will not bo surprising if the to gentlemen are "with but a single thought" on most atters that will coma before them. Mr. Jfagle has been engaged in the liquor business, and, while that occupation may not havo fitted him for a Demosthenes on the Assembly floor, there ia no reason to prevent his being a valuable and honorable legislator. Mr. Patrick Burns had great ambition to reccivo tho empty honor of tho Democratic nomination for tho Speakership, on the ground that be had served in tha House longer than any other member of his party.

Mr. Burns was a member in 1H65, 18G7, ISiiS and 1833. In the early days he was one of the most fashionable aud frolicsome young men in Albany, and many are tho stories afloat of the doings of "Paddy" Burns. He was always well liked by his associates, and as a lawmaker and representative of Brooklyn he has his record to re for to. Mr.

Peter J. Kelly succeeds Mr. Charles Henry, who made an excellent record in the Assembly last year, and undoubtedly much will be expected from him. Mr. Kelly is a lawyer, and thoo who aro personally acquainted with him have confidence in his ability to take high rank among his associates.

He is a member of the Jefferson Club, and as such has been well trained by the numerous discussions of great questions aud live topics for tho new duties he is to assume at Albany. Michael J. Coffey first served Brooklyn in tho Assembly in 1874. He was a member for the next two years. He returns this year with theexnerienco of former sessions, and will thereby take a prominent place among tho Kings County delegation.

But, like the rest, Coffey has a reputation to make or sustain and cannot long sail under the colors of former successes. He will be judged entirely upon what ho does at Albany for the next few months. Mr. Thomas F. Farroll iu the "blue book" is accredited with being a law student, or in other words, previou to his election as representative of the Sixth District, ho was clerk in one of the city departments.

At Alban he will have a most nxcelleut opDortuuitv to citrv on his legal studies in a most practical sort of way. Much will bo expected of Mr. Farrell, lor he will be judged by tho standard of his predecessor, Mr. McC'arreii, who was more than abovo tho average of Kings County As aemblyiueu. Mr.

George H. Lindsay enters upon his third term at Albany. He represents the Sixteenth Ward. It is in many respects a peculiar ward. It cares little about matters in other parts of the city and looks only to its own iutercstn.

Mr. Lindsay is an embodiment of this idea and it is probable that most of his attention will be taken up with measures pertaining especially to the Seventh District. Mr. Georgo H. iXason is a college bred young man, wide awake and unthusiastic, and will probably be heard from before tho session is ovor.

Ho voted for Mr. Sheard for Speaker, and upon that will claim recognition that his colleagues may not receive. Mr. Kason is an undertaker by profession, and assures his friends that he will try and bury all political jobbery and fraud that comes in his way. Mr.

Alfred Hodges enters upon his second term with as clear a reputation as any man in the House. He is Is quiet in his manner, and no man in the Assembly Is more generally respected. Ho will introduce several important measures this year, and will look after tho interests of Brooklyn with the same care and watchfulness that characterized his actioua last year. It is expected that Speaker Sheard will give Mr. Hodges important positions on committees.

Mr. Taylor will occupy a seat in the front row in the House, and as he is inclined to Bpeech making, ho will have an excellent position from which to address bis fellow members. Mr. Taylor also has the benefit of last year's experience, which, together with his experience as a practitioner at tho bar, makes him well equipped for his duties. General Heath, who obtained his title as a inomber of Governor Dix's staff, is tho most dignified, membe of the Brooklyn delegation.

He occupies seat in tho back row by the side of tho tall and ponderous General N.Martin Curtiej who waB lined for violating Civil Service rulea in tho Now York Custom House General Heath has lived long in Brooklyn, and has been a prominent lawyer. There is no question but that ha will serve tho city to tho very best of his ability, and what is more to the point, with strict honesty of purpose. Mr. Mortimer C. Earl had the credit last year of introducing more bills than any other member.

This year, having learned much by experience, ho will not ask for so much legislation, but will more carefully ex amine the measures he is asked to prepare, and then en" deavor to secure their passage. Kapid transit in Brooklyn will be a yet subject with Mr. Earl, and all his energies will be in that direction until something definite can be accomplished for the benefit of his constituents, who are clamoring loud for greater facilities for travel. H. F.

G. ENTEBTAIXMEXT BY CONSERVATORY TEACHERS. The teachers of the Brooklyn Conservatory of Music will give their tenth chamber musical soiree at the hall ot tho Long Island Historical Society on "Wednesday evening next. Tho following artists aro announced to appear Mrs. Annie Norton Hartdegen, Boprano Mrs.

S. Groschel Chadick, pianist Mr. Edward Hermann, violinist, and Mr. Emil Soh enck, A TERRIBLE SEQUEL TO A LIFE OF SHAME. Fanny Kunt, of Wliitcatone, Insane and FricndltiSN in a Wretched Movel.

There is a section of the Village of "White atone inhabited by very questionable characters of both sexes. The most notorious place was that of Fanny Hunt. Shejand her house have been before the local court almost constantly, but Fanny got out of her troublest all right. The respectable people in the neighborhood were powerless to suppress this and one or two other It was in Fanny Hunt's house that a soldier named Nugent, of the Willett's Point garrison, almost murdered a man in a fit of jealousy. He got off with the light sentence of six months in the Kings County Penitentiary.

The place became notorious for the many crimes committed in it. Fanny Hunt, the proprietress, has become hopelessly insane. If permitted she would kill herself and anybody within roach of whatever weapon she might have. Her mind became affected a fortnight ago. She attracted attention by going about in tho night time ringing door bells and asking silly questions.

To thoso who did not know her she could give no intelligent account of herself, and the attention of the authorities was directed to her. Her strange actions were lightly regarded by the officers, who thought Bhe was under tho iniluence of liquor. Last New Year's night she was found in a snow bank dying of cold and hunger. She was taken to the village jail that night and next morning was arraigned before Justice McKenna, who, seeing her condition, caused an examination to be made by a physician, who found her to be hopelessly insane. She was sent to her wretched hovel of a home, and evor since two officers have had to stay with her to prevent her from killing herself.

The Superintendent of the Poor was notified last Wednesday, but has not given the case any attention, and this neglect has led to some indignant expressions of opinion. The woman's feet and hands were badly frozen. She lies in the same condition of dress that she was found in, and entirely neglected except by the two constables. THE N. I.

AND N. K. ROAD THREATENED. A Suit Commenced Against it by Henry Krassey, of upland. An action was begun yesterday in the United States Circuit Court, New York, by Henry A.

Brassey, of England, against the New York and New England Railroad Company, Frederick J. Kingsbury, of Connecticut; William G. Hart and Eustace C. Fitz, of Massachusetts and the New York, New Haven and Hartford Railroad Company and the New York, Lake Erie and Western Railroad Company. Tho complainant, after reciting the incorporation of the New England company, says that on June 22, 1882.

it conveyed and mortgaged to William G. Hart, Frederick J. Kingsbury and Eustace C. Fitz, as trustees, all the franchises and property of said company, real and personal, owned, and thereafter to be acquired, in trust for such parties as might thereafter acquire the second mortgage bonds of the company. The complainant further alleges that lifter the delivery of said deed to tho trustees such second mortgage bonds were issued and disposed of by said company to the amount of $2,833,000 par value, and are now outstanding in the hands of parties to tho complainant unknown.

He also says he is tho owner of five of said second mortgage bonds, and alleges that, since the issuance of said second mortgrge bonds, the ftew York and New England Company have been so managed by the officers thereof that a largo floating debt has been allowed to accumulate, and now remains over duo and unpaid the same amounting to $U0Q0yQ00 and upwards. The complainant prays that an injunction temporary and perpetual may bo iBsued restraining Charles Brown, the New York, Lake Erie and Western and the Now York, New Haven and Hartford Railroad Companies, from in any manner levying any attachment upon the rolling stock franchises, rights, or property of Baid New York and New England Railroad Company. The appolntmant of a receiver of the roads la asked for. CRIPPLED BY RAILROAD CHARGES. The Lost of a I.onjr Island Village's Industries Seeks a more Remunerative Clime.

Breslau ia a German settlement on the line of tho Montauk Railroad, near Babylon. It haa several hundred inhabitants. The place has always been under a cloud and its prosperity was hindered thereby, one enterprise after another leaving it. It has scarcely anything left but some beer saloons. The largest industry It has had of late was Silverthau Co.

'a cigar manufactory, which employed about two hundred hands. A good many of the employes came to the city on Saturday evening and returned to Breslau on Monday morning. This factory has now been removed from Breslau to Brooklyn, E. and the proprietors charge the cause upon the railroad company. It is said that at first the company sold excursion tiokets, 600 at a timo for $500, but refused to repeat the sale, and the employes were compelled to pay $1.85, to which they objected.

The firm also claim that the freight charges were heavier than they could stand. Ittis a great loss to Breslau. UULCAHT WANTS HIS SHARE. An Old Claim Against tbe Irinu Skirmishing Fund Denied Denis T). Mnlcahy brought an action in the Supreme Court, New York, some years ago against O'Donovan Rossa, Thomas C.

Luby, Thomas F. Bourke, John J. Bresliu, John Devoy, William Carroll and James Reynolds as trustees of the so oalled Irish Skirmishing fund. It was alleged that in March, 1876, Roasa received upward of $23,000, which was to be called the SkirmiBhing fund, from people who do sired to advance libortv in Ireland. The fund was to boused by Rossa for such purpose.

Colonel John O'Ma honey, an Irish patriot, died in February, 1877, and it was alleged that Kossa, in order to arouse the feelings of the Irish patriots, resolved to have the remains ot Mr. O'Mahoney taken to Ireland to be interred, knowing that the ovation would tend to advance the cause of liberty. Tho plaintiff was requested to accompany tho remains to Ireland and to superintend the funeral, and was to receive $1,000 out of tho Skirmishing fund to pay his expenses. He says that Rossa paid him but $537. The other defendants subsequently assumed control of the fund.

Tho plaintiff claimed that Rossa was not responsible, and ho feared that the funds would be carried out of the jurisdiction of tho court, and therefore asked that the money which was due him should be declared a lien upon the fund. Ho also asked that the defendants should be retrained from transferring the fund until bis claim was paid. Judge Truax yesterday gave judgment for the defendants. GROSCHEL CONSERVATORY SOIREES. The tenth chamber nmsio soiree of the Groschel Conservatory of Music will take place at the Historical Hall Wednesday evening, of this week.

The following programme will be Interpreted by Mrs. Annie Norton Hartdegen, soprano Mrs. S. Groschel Chadick, piano Mr. Edward Hermann, violin, and Mr.

Emil Schenck, violoncello 1 Sonate, inG, for piano and violin Brahms (a. Romance Russo P. Tsohaikowaxy 2 Bong, I (b. Slumber Song E. Wagner 3 Violoncello solo, first movement concorto Mohque 4 Song, Fruehlingalied 6 Trio, op.

lt No. 2, piano, violin and violoncello. Beethoven THE SHARP AND GLIDING STEEL. Yesterday's Merry Scenes at Brooklyn's! Skating: Hi nil s. The prospeot for the enjoyment of skating this Winter at Prospeot Park looked very bad during holiday week, but since New Year's day the severe cold weather, following upon the heavy rain which marked the opening of the year, has given excellent facilities for skating.

Yesterday afternoon so great was the throng on the inner lakes that Colonel Cuiyar opened the largo lake to the skaters, and thus sixty acres of ice will be at the command of tho skaters to day, but not afterward, as the largo lake will then bo used exclusively by the ice boats and the curlers. The skating house at the park was so crowded yesterday afternoon that it was scarcely possible to move, and the lake in front of the houso was black with the crowd. At night the throng was very great, though the ice by early evening was badly cut up on the inner lakes. On the space net aside for the curlers opposite the Well House a rink under the command of Skips Irving and Malthinan, the teams enjoyed the keen ice greatly, Irving's side this time winning tho match. On Monday tho Caledonian Club have a match nt the park with tho newly organised American Curling Club of New York, and a grand contest is anticipated.

Plav will begin at 1 P. and be called at 5:30 P. M. THE SPORT AT WASHINGTON PAuK yesterday was the best tho patrons of tho lake havo yet had this BP ason. It was the eighth day of tho skating season at this locality, and the surface of the laite having been planed off the ico was in good condition, especially for fancy skating and in this respect toe Wash ton lake is far preferablo to the free lakes at Prospect Park, where fancy skating is almost impossible owing to the crowd.

A large number of graceful lady skaters wore on the ice at Washington Park. Tho baud of music at the park was a great attraction, and tho lively strains are enjoyed by the skatew. Among the experts preBont yesterday was Prolessor Eugene B. Cook, who came all the way from Hoboken to enjoy the ico here, there being no skating at Central Park, as yet. Brooklyn, thus far, has a monopoly of the sport.

The scene at the lake at Washington Park last night was brilliant, and when, at 9 o'clock, the largest throng of skaters were on the ice and the lake was illuminated with colored fires and caloium lights, the muslo and the display combined to mako it quit a carnival scene. Mr. Oscanyan, of this city, the well known Orien talist, has arranged to deliver his lecture on "The Women of Turkey," in the hall of the Long Island Historical Society, on the. evoning of Wednesday, the 23d Inst..