New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-11-17
THE DEL VALE SUIT.
TESTIMONY OF THE DEFENDANT.

KEPT UP.
The suit of Eugene Martinez against Juan
del yae for for breach OF promise OF marriage
was continued Yesterday before Judge Donohue in SIT
preme Court Circuit. Judge Donohue transferred the
place of trial to the Oyer aud Terminer room probably
on account Of the superior facilities for excluding from IL
the merely Inqustve crowd rather than because OF us
better adaptation for hearing The defendant mad peeh
sworn and the pressure TO hear him give his sac oi e
story was great but tho officers admitted only hose WI"
could be seated. - ri.
Mrs Elizabeth Sidney called 10 prove that MISS
Martvnez had lived I'm her house, aud had left trunk
there In 1875 about the end Of April she caed Ior the
trunk saving she was to be married that day Three
months after she Miss Martinez who then sad not
ing about being married.
Albert j. Swift clerk in the Hotel Royal proved that
the plaintiff registered there April Is as Miss Livingston
The defendant was then called and testified slowly
.hroueh an Interpreter, A. j. Gonzales. Mr. del vale
admitted that could understand English but sad tat
he could not speak it as to make his meaning eie.
The examination was therefore very SLOW He tcsUheo
that he was in Spain, ia the Province OF Astur
He was about as years old He resided In SPAN uiitn
ahont 1856 He was educated in tho UhiVer
sty of Madrid, whore he staded law III Oupa
he resided in Ma'anzas from 1896 uhth iool'
Thence he removed to Havana, "here no
remained until two years ago. His present residence
80. 81 No 1o2 West Fourteeuth-st When he left Spain
no was a bachelor He was married in Matanzas III
ia57 His wife's father was rich ana DIS
wife inherited from her father S4oo'Voo
mr. 100000 which belonged to the WIZ
ness's children he conscentiousy believed ne hdu
four children living all girls, the eldest II years old his
,,sa 6ed five wears ago In Havana he was District
Attorney and afterward in 1871, judge. After ne
,eased TO be DstrcAttorney he praeuced Ia" no ions
sxcept as attorney for the Spanish Bank IN haVaH nc
subsequently became President OF the Board Oh directors
II the bank He also member OF Tue boaiu Va
Pubc Instruction of Havana. He resigned these posi-
He had done no business since he came TO eA
cent 70 buy some bonds arrived in this city early IN
ts74 He moved into the house at No 90 west twenty
fghtl-st in October, 1874, and left II in Nav 1870
He first saw Miss Martinez on JAN H. 1872 Oh l"cn
sv.npth-st as he was passing along Broadway he saw
,c iaIv aim on the ice and with his handkerchief
srushed off her dress They exchanged cards ana laue
an appointment to meet opposite stewards at oeoo
the next day She walked very well after he la lucy
met next day according to the appointment ana "eh'
% soari's restaurant. Miss Martinez SAID that her
mother wished him to up to her house. because she
desired 70 thank him for the service he had done her
dapcbter Miss Martinez wanted to have his picture
hut he objected She said that she wished lor soiuo
nemento OF their first meeting, and DC oHeeu " XIV"
her ring. He spoke iii Spanish, WIN Ie" "oi"' VI
English He then went with her to MT Meeker Je"enS
- on eixtb.ave At Mr. Meeker's store he bought
RING The AMETHYST ring, which Miss Martinez claims
was an engagement ring, was shown 10 MI uei Naio'
and he identified il as the one he mad OouSnt' iheS
agreed that they would meet the following 1"esu"''
onposte Stewards and would 90 together AFTER ne "s'
He next saw her Jan. g. but meanwhile sent her d
message reply from the plaintiff came through 'ne
,ayeler of whom he inquired about the ring she let
word that she hoped to see him on Friday she hao
taken the ring away meanwhile. On the next day he re-
ceived letter as follows: -.
7 DEL VAILB-CdTo amigo: This horrible weaver &c,
will preclude the possibility Of my seeipS yen esI n e
dov am so sorry for it. had 50 many nnEs " Yen
YOU. But sucn is lie Lho1,e propose, mas D,eH as
pose cannot now you see before fIioSS tinIe a inc
6een II necessary write to me IN tue mean ule my
addressed Miss Howard, care OF j. hr"hA N'h'n"'e
will reach me.
The witness then described their next meeting on
tida, at which she gave him instruct ons in English
She that the witness should come to her mousse
and take lessons English, but he declined ana teh
she suggested that she should go to his mousse ou
they agreed to meet ut SOarps twice week. enc soAe
TO him about his children before he mentioned 'nch'
which led him to think that she had heard oil nm IRON
some one else II was in March. 1873, that he irst
.ollad M her house Up that time they always met
opoosite Stewards and dined at soarrs, ana uieh he
tooklosous in English from her He always caree lc
gramars and readers there He read phrases ana sne
corrected him. She especially made MN iedru
phrases relating to music and the theater. lie
trcoted her as a teacher at these meetings, ana
she treated him an obedent pupil lheIo
was absolutely no Improperly between tuon
II was wholly false that he asked her WITHIN
tbroo weeks TO marry him. There never was any tax
ouo1 ~ soc her mother because she insisted on his
doing so When he called the plaintiff opened the door
and invited him in Her mother soon came III ana III
ouircd II he had prOhed by the lessons Iheh whou'
any particular reason, the mother requested hiin "
hiring his young daughters to see her, ana ne prOmseu W
do So The plaintiffs sister not there that cay anu
e. ia absolutely untrue that the mother asked him that
as an engagement ring her daughters hand or that
he replied it was and that 1t only renamed ior MISS
Tugenie 10 fix the day There was never at any tiine
any talk Of marriage between them Tue hISt uuie
he ever went in carriage to the plaintins mousse III
Flftysxth-st was March l, as proven by the hVe'S
stable bills During March they visited sOians "lcc
week Miss Martinez made frequent references 10
troubles she had at home and said that she was nse
blc AZ home she would not tell him why, but said that
she would tell him at a future time by letter She
handed him letter day al soiarfs He was sbout
opening the letter. she requested him not to read IL
in her presence. This March 10, ana she toid
him that she wrote it the 10th, and intended 10 oe-
liver it to him at the Lyceum Theater They had been
twice TO the Lyceum On the 10Th nc TOOK ner hoo III
q earriage, and left her at the door
The letter was then read as follows;
WEDNESDAY AFTERNooS. Dear Friend: believe
Ipromised 10 write aud tell you my secret Wil uoW
do So When l was Q years OF age my father ded. ny
mother married my uncle, who is now my fathef' 10
make long story short papa loves me, ana mas cone
roe Than nv life nv honor Aud since was httle
child he has ANNOYED with infamous propositions ana
%;ssrabe he made me for don't love him the way he
Wishes me to- and cannot give him what lac wants FOR
,hapE for NV nsullied honor He has watched
in All my troubles, for oh dear friend have nad so
tired to be good girl, and know my secret my
heart feels light Inow leave you wishing you an y
sincere good wishes, and with many KISSES 70 se
little girls remain your friend, EISENIh'
n. B. viii meet you on SATURDAY at ociocA cOiner
sfTwcnty -eighth-st. aud Broadway.
The defendant said this caused him anxiety, but
he pitled her. and the meetings and visit to