The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-11-14
MISS MARTINEZS LAWSUIT.
DEMANDING $4,000 ON a oHARGB
or BREdCH or PROMISE.

or BREdCH or PROMISE.
Courtship with the Ex-Prcsidcnt Of the
Bank OF fIavaaa ms the iicro-A very RE-
variable story that Is Told by the Plaintiff
A suit for breach of promise of marriage
wos begun before Judge Donohue yesterday
against Juan del Vale. a Cuban, once, " IL said,
President Of the Bank of Havana. lie il wealthy.
and rather inclined to boast OF his conquests.
Miss bugenie Martinez the plaintiff sues for
$4,000 damages. She is about % years of age
veiy pretty, Intelligent, and ladylke. Bef re
her meeting with MIR. del Waite she was a teacher
Of French, Spanish, Italian, and music. She
gave her testimony promptly, and in an earnest,
straightforward manner, that at once won for her
the sympathos Of the spectators in the crowded
court room. The story Of her wrongs, as told
by herself. IL - follows
81 live at I25 st Fifty-sixth street. Ibecame
acquainted with Juan del valle under the fol-
lowing circumstances; on or about the l4th Of
January, 1870 when ssing through Twenty
ninth street, near Broadway. | slipped on n piece
OF Ice and fell on the sidewalk. badly SCREAMING
my ankle. Recovering from my tewilderment.
I found myself being raised by gentleman,
who called a carriage and took me home. lie
assisted me into the house aud asked whether
he might II again and see how was getting
ON. | asked NY mother, ana she 4 We hitn per-
mission. He called the next day, aud pissed
half or three-quarters ~ an hour with me. and
told me ne was gentleman OF character and
position. n widower and lived ut IS West
Event -oighth sire {, that he WIS very
mucn pleased with and Impressed bv
me and that he des'rcd to become he,-
he might call Ia the evening and take mo to the
theatre. tOd hin that my stepf timer was vcrs
particular with me. ana would not permit gen
temen to lake me out la tue evening, Lut that.
as mother h q given her consent. | hnd no OBJ
1ecttons 10 his ling IN the afternoon. lie
called three or four times a week, sometimes
with his two younger CHILDREN. AMI some times
taking me To- dive IN the PARK and TO visit mis-
two elder ildrcn who were IN the convent IN
hanhattan,iile, ana sometimes taking mc to the
theatre.
our nlq laintance he told me he hHd become
very fond II me. aud would IKE to marry me;
that ms wife had teen dead for three yea 4.
anu that he VIA alone In the world, with four
! CT ildren. who had no mother t. ere for them.
| and tn II / could sacrifice my yount life fOr an
| Old man like MIN. he would marry ne and give
ne "A vi "Asan' bone that he WIS gentcm n
of We IN, aslo to provide for nv every want.
aud that If would acCclt him should M
longer be- comp 'lled. either to endure tine street
| discipline Of my steofatner, or 10 s,ruggc for
| simple existence bv te ching. lie gave me the
names of several residents II New York. some
| Of whom my stcpfdther knew personally. Of
wnom min make Inquiries as To his character
/" asked fr. del Vale whether he was In ear
nest saving that was comparatively poor and
since my stepfahet's en- oarrassris mt IN busi-
ness mad not mingled In society, and wondered
that he should select me when there We're so
many other ladies' no would seem more eligible
| to Y utlvman OF his wealth aud position. lie
| replied that he was IN earnest and that lie had
once III rried for wealth. but should not do u
again. lie told me to talk with mother and give
| him an answer "a soon "A possible. Vie said tn
| he loved me from tue first moment he saw me,
and could not do without me. My mOtner we
consent Hnd j promised To marry him. Mr.
del Vale then took me TO DE m ONCE and 1fter
we had diued we went t. Jcwelry store IN sixth
avenue, and ne 5 lected an ancthysf ring for an
! engagemem ring. "a he said. the ring was too
three DAYS afterward he called ON me at my
hnu-e. pisced the ring on my nnser. and SAID
with another.
AT tue third interview after the presentation
! OF the ing. MIR. del Vale said thai owing To
some dfnculties In his domestic an iis. " hich
! he called a com promise. ts did not think IL
| best to he married punliclN, IS ne feared that
the publication Of ms fringe might cause
| trounl-. So ne urged me To IN Try him ultucdi-
ately and privately. was great, surariscd. aud
said If there l. any trouble ny marry AT II Z
hone there is nothing wrong: Wh i l. the ma
| ture Of the "comprpmisef"' and he re ped :
ION. there l. nothing wrong. but have com
promise" in CuD.. and 1t Is not convenient for
| you or me to marry publicly. ~ the person con-
| cerned might max. you trouble
81 told Mr.. Gel Waite that would not marry
! from his ems. cement lie lid, oh. YOU alw Az.
| think bad II me | an sure A d ay or two after
ward be to X NE to a restaurant to dine WITH
| him. aud then gave MIN letter In which / en-
closed the eugagrlcnt ring, aud told him
| would MOI marry alan urivat"lS. his letter seal
ed, askiug I'm not TO- oucn Il untl otter We h ID
separated Five or ak days atterwaru ne called
again. ana seemed a. lie >aid hat my lee ter had
made MN sick ana he asked what could IN
| could not have loved me- II lou thought SO
! mucn aoout the nonsense | told YOU bout a
| cumpromlsr. The compromise IS all arrange e.,
| aud | want you 10 take back the ring, aud say
when and where We stall oe married. | aid |
| su loved bin, ana II the com. romise had
| been arranged would acc % the ring, hu. would
| not marry nim srcretly. He then put the ring
on my finger, and SAID. now want YOU to tell
when ana where We shdll get married IL was
| finally agreed that We should he married in tho
fall.
| was early I'm arch, ls15, until the - h Of April,
1873 Mr. del Vale called almost daily and 10 K
| me to theatres ana other places. and was re-
| ceived at hume bv al my mily except my step
| father "a my accepted suitor. lie frequently
| conll,aine, that he could not cali in the even
ing, aud wished me 10 live in bis house 10 Twen-
ty-eighth street aud take charge OF his children.
| ! refused. and he then proposed L take place
| In the countrV. where the childleu c uld h We
plenty OF air and exercise, n | would
30 and take charge of them, and ~ WE
get well acquainted with mis- children, adding
| that If really wed MN, need have no uouut
aoout hi- honorable intentions. That there
might be no trouble lie suggested that should
90 to "A hotel and STAY there a day or two IN II
we could see what steps stepf ther wouli TAKE.
"Accordingly, on Tue 18th OF April l went 90
| the Motel hoyal, AT sixth avenue and Fortieth
street, under the name ct Mis- Livingston, and
| informed my mother Of my ~hervabouts py
telegraph. Two or three DAYS later Mr. del
Vale called, md said ne had not YET found a
| country house 70 suit him, and as had left
| my stepfatner's house tins mischief wa done,
| and might rs well remain until he secured a
| place. lie finally secured one IN Poughkeeus.,
| ami took me I ere on the first Of June. Aruv.
| ing there, he gave me the keys of his house. the
| superintendence Of the children, ana promised
to give me $50 a month for my services. From
that time until the OH Of June he uniformly
| treated ~ wiih courtesy, and never offered the
| slightest indisui;y or attempted any improper
| familiarity"
Miss Martinez described "a Sunday morning
scene In the POughkeepsie house, aud then con-
| tlnued:
"A few days after that heard one Of the ser
wants that Mr.. del Vale could not marry he
cause of a compron ise' in Cu1a | Immediately
sked him about it, and begged him to tell me
the whole truth. Al first ne hesltdted aud tried
to lac about it, but finally he ID The 'cumuro-
mise was stlil unad iusted, aud II would ne i'm
Iosslole Tor MIN evtr u marry. said, DO you
know what YOU have duueT lie laughed and
said, WHAT IS done can't lie uuuone, ma Yet
you will have no iuse TO regrcr n. As long hs
have a dollar YOU shail have half Of H. | told
MIN nothing could compensate for what n Il
been done but immediate IN m re. lie re
quested me not o. mention the subject az In.
then wrote nm asking MIN to marry me-, even If
secretly. The next day he brought the letter To
me, saying, DID | not tell you not TO re-
| fer To this matter againY sad my
whole future depended on him, ana that
II be did not do me iusucc, / shout
resort 10 lclal me ms 10 compel him. lie
re. he'd that lie thought | had more sense than
to mink of sch thlLg. that WAS poor, with
on trends and utterly helpless an cluld not
even return 10 my stepfathei' h. use, and that
even II did 20 To law he would defeat me. for