New-York tribune., 1876-11-25
THE MARTINEZ-DEL VALLE SUIT.

MR. BEAcH's ARGUMENT FOR THE PLAINTIFF AND
JUDGE DoNoHUE's CHARGE-THE JURY LOCKED
UP FOR THE NIGHT
The press to hear the closing part OF the
trial in the breach Of promise Of Eugene Martinez
against Juan Del Vale greater yesterday than On
any previous day. Mr.. Beach began mis- argument Tor
the plaintiff at 10 O'clock and spoke little over Two
hours Judge Donohuo ended his charge before Z
o'clock and at that the jury withdrew. They did
not reach an agreement and sealed Verdict Is ordeIe
for this morning
Mr. Beach said that he regretted that his ADDRESS was
not begun while the memory OF Mr. Choate's argument
was fresh and after an alusiOn TO the compliments OF
Mr. Choate himself and brief reply TO them IN an
ironea vein, he spoke Of the earnest teenngs OF MS
client I'm this those OF woman deeply ana teri-
bly, vronged and determined to punish the yioator OF
her honor and the destroyer Of her trust The wealthy
defendant could by Of his wealth doy the law
II was well TO start from admitted factS and the first OF
these was the previous stainless reputation OF MISS Mar
tinez She had witness and her previous charac-
ter might have been mpeached n possible, but nohhS
Of the kind was attempted by the defense. From Janu-
ary to June the defendant was m her company yet ne
testified that he never observed any improplety, loose
EXPRESSION or immodcsty Mrs. Sydney, with whom she
lived considered her character excellent She was
teacher TO whose care loving and cautious parents com
mtted their children.
IIe declared that the defendant never intended to
marry her that his purpose that OF the lbertne
and pronigate and that his promise false and sham
MI Choate had sad Solaris the last place To Wch
man would take bis betrothcd and yet the defendant
took her there He mad trusted her in other things ana
even as substitute for the dead mother I'm the care OF
his children, and yet instructed his counsel that nc
took to the last place TO which man should go WIN
his betrothed Mr. Beach then spoke OF the law OF eV
dence at some length, and briefly reviewed the tesu
mony He closed by stating that while the plaintiff did
not want money, should be compensated for lost
home.
Judge Donohue charged in substance as follows:
lam sorry that being somewhat udisposed last night
have been prevented from giving such attention 10 ah
analysis OF the testimony should have been pleased
to have given IT, Your dgiy and mine Is 70 taEe tT
parties find them. We ere to leave out sympathy
and passion. and all considerations other ihan tnose pr
ming 10 the Issues on the etdencs Su0mt'eI @ 20 ySJ yT
fTOm he facts Of the case, ANA you are 10 uu Hat 80
facts are charge YOU hsl, l1 tne p,gu m ~ - % m IF I
plsntth 10 make out any l93ue lsilitIeH III .!'
i for her 10 prove the claim which she ects up ana
there Is any reasonable doubt in minds on amy issue,
you To hold against her on thht lsIe IheIe e III
fact issues in the cse-One whether thrie was
a promise Ot maTNSe 10 uSr =? ? us ~ tbe f,si
tho other j. simply TO incresse lhe dimagts h ho ,s'
point found Ia her favor. These are the issues mere
aud is in approaching them that you have TO consider
the general features OF the caSf' l"'ohinS ~ - -
~ IL stands, the views OF counsel on tIher sue
fact is favorable 10 their yiews-tbat going sOlars
and eating and drinking there was not what nth
mako his wife understood the counsel FOR the pllntm
70 say that that was part Of preconeeyed intention
ant 10 insure the seduction OF tnis woman, and
that she youns ana ineNpcTcnced, and tneFe was
nothing 60 ctl her attention TO The fact mat sue was
doing anything improper The trouble anont ths view
perenced. and that mother % ould seem would nat
ray her attention called 10 The conduct of these
lrSs Tt il something for yol 20 consider upon the
question NhctIrr there promise Of marriage with
original intent 10 eject the Womans seiuctlnn or
simply whether The sste OF facts between them was
such as aiianctd couple would not have carried
Another feature Of the case which counsel on both
SIDES 10 regard extraordinary iS the Iact al the
taking OF her from her moner- house anu then taking
her TO PoughkcsPstc. There 10 one pcuiariiY about
that / don't think vii fIl strike you as II
did me-that when The plaintiff left her mothers
communicated with her mother, who kuiW. vborc
she The mother las not been on the siand II -
for yoa 10 vhehcr that state of thks u cohscn'
Original Intention O seduction, or whether hucL
intention IS ccasiseut "iln t Idct ." Lhs e,ter OF ho
lJja ot March, and The evidence OF miS. Qiac.ehDo.'
tlt EiT said she was forced from home by TIE per
secutions Of her steViSher. now Gid she come 10
The paiAtn md deenGan entirely at variance upon
thti question she -Ay she vent uuurf ts .foihsr Ol
msrrszoi sac says SIZE went th',r h' a refuge rheh
driven home. Tho defendant -ays boio.o Lc would
mother and hs mas given As settlement or what occurred;
that she expressed regret 90 her daughters departure,
aud spOEc unftvoraHy OI uef husband mat slaemeAi
remains uncoutrIdciod.
Another thing Is remarkable. This Is one Of the Few
cases in NllcH tho p1antG il Tie ouiy witness Who
stsuds here rrOclAiMing her own shame There may
ben 6uch occurrences but standing here al tl'
n,r Iaat 'e,inS & 90 n' cS S' ~ s' rSoSo oS o. Of
marriage was the mother Is ,Ad to have hc-n pres
cu, Jdt il not csCi. There ara matters which bf
directly uIun question oI %" real condition OF These
persons aud wlctler they acted though promis, Of
marriage lad been made.
Judge DJnohue reviewed the evidence at length, point
ing out various Lconssiauct, aud saying 1t the
misfortune OF tho plaintiff that a; cycry turn $50
seemed 20 be- coH'raict,d by disiuterestcd wii-
nesses. The jury went out at o'clock. half
an hour being given them for dinner, then serious
deliberations not begun until 2i9 O'Clock. At
o'clock, Judgc DonOAuc, having meanwhile tried two
short cases. decided 20 order scaled verdict and went
home. The effect Oi his order Is that when the jury
agree they mag mako up their vcId.ct In writing, .ign IL,
and 20 home but hoy agree must s,ay unul lhe
court is opened this morning Tho rumOrs as TO the
standing the jury without much foundation, but
were TO the effect that the defendant had majority In
cludng most Of the middleasod mou Mss Martinez
having tho votes OF the seniors and the Juniors