The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-11-16
MISS MARTINEZ'S LAWSUIT.
THE THEORY or the Defence
EULLr DEVELOPED.

The new Court House had an odd and
excited look YESTERDAY morning. The stairs and
hallway leading to the supreme Court room
were densely packed with a great crowd eager
to hear tue already famous breach 81 promise
case In which the beautiful Cub IN, MISS EUGENE
Martinez is sueing the elderly Spanish ex fres'-
dent OF the Bank of Havana, for the sum OF
$4,000.
The stiict orders given by Judge Donohue the
previous day were carried out to the let'er. anu
the effect was excellent No more were admit
ted than could be comfortably seated. No one
was permitted to stand in the aisles. me AR
was consequently much purer than on Tuesday
md there was less bosterous laughter ana APP
plause. The little that was attempted was
PROMPTLY suppressed by the Judge who ordered
the officers to remove any aud every man who
made any unnecessary noise.
Mr. Choate and his client were early In their
places Mr. del Vale is agentleman Of medium
size, wears iron gray whskers. has luxuriant
curly. IRON gray hair, dark haz,l eyes and dark
complexion, dresses neatly and quietly. and Is
very aristocratic in stye and manner lie wore
an anxious look, ana fixed his ewes STEADILY and
with great earnestness ON counsel ana witnesses
A. they spoke Ia turn. lie had the appearance
Of being completely ABSORBED IN the business IN
hand. Occasionally his ca would hush Tor
moment. but only for "A moment.
Miss Martinez aud her mother and sister came
In next, heavily veied a. usual. rney Took her
Beach and Augustus {. Brown, the pi inti1s
counsel, and wer at once the object oi all ewes.
They did not Mt their veils until the court wa
formally opened. then Miss NJ rtin'z was t e
nrst to throw hers aside. aud ,fter squick glance
about the room, as ON the trcviods day' hxed
her rye lustrous ewes uOon the Jury.
Mr.. " illiam A. Beach, dignthed nd passive.
accompanied ny his associ te, Mr.. Brown, VINO
appeared brighter aud confident, soon followed.
At precisely hai-past ten o'clock Judge Dono-
hue took his seat, and the trial was resumed.
MIR. Joseph II. Cuoate. who WIS IN the midst
OF his opening wnen the court adjourned yes
terday. BEGAN a. fOllows;
when WAS interrupted by the dJoutnmcnt
last night had reached that point III the plain
tin's story where the friendship had grown
% between them. and where was Swallowed
forth to MIR. uel Valle the terrible EVIL wuicn
loomed over Miss Martinez and her household,
but particularly over herself. may say that II
was revelation Of most terrible evil, than
which one greater cannot be Imagined. Her
wutrment not based on fears OF her step
fathers shooting. but on something OF a very
different nature. 1t was fear Of her step iather
lust, ana this fear, she Id. al oppressed her
from girlhood. his is prohably the key OF the
whole matter, ana will shed new light on the
lived. and explain how 1t WAS possible that this
Interesting and beautiful woman should We
up to this pitch. Ii was not without a purpo, 80.
deep seated Sha tGrr Wiz n nt nn aus AZ
sueg, stiuns that he should Lake her into hts
employ and save her from the gteat EVIL that
might bciall her. Mr.. del Nalle SAWS he never
suggested sought her entering hi- EN- loN
AMI that any sucn Thought Is . delu-i1n But
was as seeking refuge FROM h ste father mat
tiou furthe position to look after ms house, care
Tor his cnidren. and generally superinteni ms
household. And was without tue le 81 sug
ge-ti n OF any imi ropriety on either side.
Another delusiun is that Mr. del Vale had
any changing alliance OF any KIND when he
left his former home IL will be shown that
from the lime of Mrs. del Wales death In Cub .
there was obstacle to his marrying at any
time ne saw nt and the preteDce That he iske,
the marriage might be ken secret IL aosolutel,
WAT what taat "compromise'' was. lie was as ire,
10 marry rs any man could be. he present o.
.he ring VITA tue suggestion OF MARRIAGE and
the return OF he ring. ATE occurrences which
never took place. Oniy one let er was given b
Der TO am with inj auctions mat he sh uld no
cad ~ tnti he was alone, ana mat Is the ! Ia
letter which We snail snow yod by and ov, that
sou NAV compIre 1t with the others which she
owns are Ia her handwi tting
inns was aOuut tho middle OF March, two
months al er their first acqIaint nee. Mr.. de
her ~ eoverness. He had two daughter Ia the
convent at Manhattanvliir and two younger
Jhes with him AT MS nome III twenty eightt
street; but tue term of tuitiUn Of his daughters
at Manhattanvue, ana the l-"se OF his hous'
W.T." totn about TO expire, ma ne Thought u
8 KING ie-iIence In tue country. She followed
him up with fresh accounts uf new ass uit
committed 1T htr nome and Of circumstance
which forced her to leave II. she VS. not en-
tced awy from home. nut went there volun
tarIly aud under an assumed name. and he dix
not so much as know there was such hotel u,
the Hotel RO,al until / formed Uy her.
| think II was the 2l,t OF Ny she met him
and Sue was greatly asitated. as you havs seei
hei here, signing anu trem biing-wnetber II wa
rel or dramatic | " on't say-and they went L
Central Pafk. there she uufOlded TO him he
terrible st ~ and tue occurrences at her ,tnei
hou-e, which resulted m her Immediately leay
ing home ana going elsewhere.
II seems she was time house OF Mr.. Sidney
on Second avenue, an old trend. az she claim.
taxing ner meals there, &c, before going u IA
Hotel ROVa entirely unhnown to Mr. del Vale
and a. aid not even know she was at the nott
until he heard ON her through nlesseuge
boy. Then she renewed her persuaslons. an
ia ,y' with the iuil consent oi Ter mother, h
Installed her In the house IN Poughkeep- lie a
goYelntss anu huusekeeper, at salary Of tll
pr mouth.
discretion IA taking That step. But MIR. del V all
soon found out the mistake he had made. 1t
SAID ~ the tldnuf that on the 6tn OF Jun
something occurred, which you have heal
thrlliiugiy descno o. her. nut OF whicn he ma
no knowledge. Fortunately Tor the defendant
TIL law says tn when such charge IS made
the time aud place must be liked You v
heard the plaintiff tell very FULLY OF what Vas de
scriUed a. ner seduction on the 6tn DAY of Jun
1870 We do not depenj on Sir. del Vale ~ COZ
tfa.irt this story. Otner, VIII TESTIFY; one vii
was In her 10 ,m nearly ali the tl;nr when this
Suppose to have occurred, and another VIII
was WITH Mr. del Vale taking ranble sDol
tue grounds. a. was customary with them 4
Sunday IN ruings. Not only j. the pliintiff
story improbnblr, but It Is out ~ all possiol
tnat II cOuld have occurred on the only day 81
Mr, del Vale soon found out that she dl
many things which nigut have been from IN
Terience, Uut did also many acts OF decided IN
propuety which unite her for residence N u
Grrn ana servants. she would dress aud undre
IL hrt rJom vi h the door Oxen as PEOPLE We
pa sing. She would take loig mornlng rid
blone prfure IRE iktnst, sum times 1T the brea
OF dawn, ana Was IN every WAY unn ted - be II
female head II the household. Sue did maj
other acts which Attracted Mr al Wales q
tentiou, aud dem oustrated 10 han what a gre
mi, axe he Il "a made,
Bel re June VS. out he called her to accOul
one morning, reuIuhs trated vi IA her AID gdl
her notice that unless ue ~ AIDE gre a. chang
she must leave ms emi 10y. Then she n Il +
course to wOmdh's foruiudble weapon, tea.
aud di-puN ell TIE attn. Z, YOU have seen
cleVerN aCted on tue stand. sue begg,d hi
not to send ntr back to Ter fathers h u Z, al
m .lly, overcome ~ hel tears ANA entreatie-,
con euted, on her lrOinise to reform, to Ieea
her Ia ms employ.
In the mean Tune she was visited by menbe
OF her iafnili, amt the closest intim ,Cy exist'
between her aud her family. Inc ltttci lrD
her sister, VINO had been visiting her, IA y Il
size says Sne must be as nappY as queen, "
written on the l5th at June, nlne days an er,
she charges, her rum was accom- iisued.
you see II was iupos,lble that her devoted 81
ter could have Wrought ntr miserable aud ..
ha Nv. lhls was followed ~ other visits OF h
FANNY.
on he cath Of July they all started of N
journ together, and visited Niagara FAl
baltimore. &c. MIR. Del Vale denies ABSOLUTE
what she Saws occurred on tins trip. RetIrniG
they reacht a PUughkeepsie uu the "a ul AIgI
Mr.. del Vale had meantime seen IN ny N a
fcs,htiOns tHat convinced him she was nol
In ba "A