The New York herald., 1876-11-25
THE MARTINEZ DEL VALE SUIT.
Summing Up Of Counsel fol
the Defence.
THE CASE GIVEN TO THE JURY
A Sealed Verdict To Be Rendered
To-Day.
A POSSIBLE DISAGREEMENT.

The largest crowd that been present at any time
during the Martinez Del Vale were In attendance
In the OF the Court OF Oyer and Termner yester
day Mr. Beach began his summing up promptly at
ten O'Clock Alter making few general remarks
about his inability TO address the jury tho day previ
he sad that the counsel for the defence had
1T TO make personal illusions to himself aud had
belabored him with such fulsoms CONF plimen.s that
they seemed intended tor satire. Ii was common
trick OF The lawyer TO excite jury great expeca-
tions OF great things from his opponent Mr. Beach
then entered INTO humorous description OF Mr..
Choae, claiming that II the cause OF his poor crushed
client depended upon interchange OF wttcisms her
was indeed hopeless lie said he hoped that the
jury wou.G not be swayed by tho witticisms and
OF counsel on the other sde but would be moved
by their sound judgment alone. He denounced Mr..
Choae for what he termed his cruel alusons to tho
PLAINTIFFS sister, and declared that the
plaintiff was tho iorlorn creature taat
treads the earth. When he glanced the
developments Of this case and heard the obvious de-
signs OF the defendant and his skill in debaucnery and
hberlinism he wondered II the love OF family and
home, OF mother and sister and wife dead; II
sensuaty had stifcd all those holy emotions which
elevate our nature and when the counsel on The other
side spoke OF the way The plaintiff testified as to The
indecent stories told her by the defendant he heard the
chucklc OF the vicious But did the witty and elegant
Choate strike any sympathetic chord in the bosoms VI
the jury. remar& OF the counsel Tor tho defence
in his openiug had attracted his notice. He had
said that the position Of the defendant embarrassing
and dangerous He lMr Beach) quite agreed with hun,
and he could understand how man pursued by tho
schemes OF courtesan could ieel embarrassed, but
how much more s.cmbarrassed' must man be who
had corrupted pure girl The counsel Tor the defence
had referred 10 the plaintiff as privateer iu.rgged,
with petticoat Tor sail aud an ensign and with
lawyer Tor pilot u.aughter. He did not ella m the
benefit Of any morbid sympathy, nor that the current
o justice should DO disturbed by any
due influence, but be did ask tnat
the story OF his client should not DO met
with scorntul belief but with that manly considera
tion that ought at all times be accorded woman.
Counsel the other side had he repeated spoken oil
the embarrassment Of the defendant Did he not
any Embarrassment IN the condition of the plaintiffs
A girl. of twenty years, poor and without iriends
deying wealth and influence, was an exhibition OF
desperate courage uncQualcd in the annals OF juris
prudence and Of nature A woman wronged Is ami
mated BY anmosty that dches all danger and fear
lessy meets AL consequences; her hatred Is undyIng
as life and ierocious as the tigress robbed of her
young.
Heaven hath no rage age like love to hatred turned
He believed that the plaintiff would risk the loss Of all
her happiness 10 this lie not only, but her happiness
10 the world beyond the grave In order to revenge
herself upon the man who had robbed her OF her
honor He agreed with the othcr sido that there
but one issue in this case, whether there was any
promise OF marriage between the defendant and the
plaintiff but the counsel the other side had wasted
his strength collateral issues ard had contended
that II the plaintiff swore to certain dates. which
might not alter all be correct, the fell down. as
she, Accord ny TO him. once ie 10 pieces The defence
had impeached
THE cREpiBLrrY OF TIN pLAixrrrY
and the plantln's counsel had impeached the cred-
bity Of the defendant This resolved The question
down to one veracty. for the jury to de-
eide between them To decide question OF that kind
he believed TO be one OF the highest exercises o the
human mind. II he could transfer TO the jurys Minds
deep. vivid convictions OF his heart the plain.
tiff would leave the court vndicated, and the defend
would leave scorched with the fire Of their denun-
citation. We were always from day to day searching
Tor truth az examining facts which would furnish us
compass as II were. TO guide US In the right path.
In the under consideration, by the concurring
circumstances and tho evidence given by the defend
art, II had been shown that when the plaintiff went
the dccndauts house at Poughkeepsie, the lst
OF June, 1875, she was pure and uusuiiicd She had
been and assailable, and il the defend
could have furnished evidence that she was
abandoned woman before he took her to his house,
woman not worthy of credit he certainly would have
furnished 1t, and she would have been laughed OF
court.
Mr.. Choate unterrupting-I think she will be-
Nj. Beach continued, noticing tho interruption by
saying that he was not accustomed TO thrust his belief
addressing 10 them professional argument, argu-
ment, as well, that expressed the convictions Of his
heart and II he failed 10 convince the jury that he
right he would then indeed come to the conclusion
he had been !eariuliy mistaken to the merits Of
the case. The defendant had been her constant
panion from January June. yet he had testified that
she had never uttered word that could have been
regarded as questionable When she was at Mrs. Sid
ney's. away from maternal influence when, II they
vle she could have given lull rein TO her pas
sions. the testimony OF Mrs sidney proved that her
conduct was always that OF a lady. Before the de-
her BY his lust, she was
uSrAINrED IL MORALS AND CHARACTER.
The total absence oil any proof the part of the
deence showing that she was OF bad character before
be met her Was enough 10 Lis mind, 70
ture the defence had painted her 1t was plain
that the defendant never intended to marry her
He mad deliberately planned her rum and had
pushed II under promise that be would marry her
Of that he had doubt The counsel for the defence
had said that So!ars was the last place Tor
take his beuched To- yet the deieuoant ad take her
TO that pest house. He took her 10 his as his
"experienced governcss" to dsburse his $4,000
month he really took her there ittng subst-
tule Of the deal mother OF ms children. Yet from
this accomplished lawyerdccndant all the facts which
proved her 10 nave been pure before he took her TO
Pougbkeepsie had been out under the
torture OF cross-exam'natiou. To MAINTAIN his
case tire defendant must have shown that
his intercourse win tho plalntin tor the i've
months he knew her but the intercourse be-
tween tcacner and pupil; that he had no design upon
her purity, had made no ass,duous assaults upon
chastlty hat he had not endeavored 10 unoermine
the unaie modesiy OF the woman. Why d'd he not
take her TO his own house TO take lessonsy Afraid OF
rcmarksy The da:tardy and scheming traitor against
honor and maniiness only thought OF himself. Why
did he not 20 TO her holscy Ii announcement, he
testified. Months before he met he was taking
lessons al his house IRON "a competent instructor
yet addition to that, he wanted people to believe
that he courted tho plaintiff tor the sake of English
lcssonsl The fact OF the matter that he did not
seek her society as teacher. He did not take hor
TO that place OF fallen womanhood 10 take lessons
He did not give her costly presents because Of her
services as u teacher He did not employ her
govcruess tor good purpose, for alter she got there
the lessons ceased. He Lad got the eir under his
coutrol, his skiliu plan had reached ITS successful
and intended result Did the jury believe that during
those ss months before he went to Poughkeepse and
went 10 Solari's with the plaintIn he the mmacu
late Josephs The pIanin knew nothing OF Soiari's.
Where was the deienuants dctcclive--hard hoartod
aud merciless from his very pursuit. eager his
liberal pay--who had logged her day aud night, why
had be not brought witnesses here scandallze her
characer2 Certainty this detective could have been
heard OF had he been able 10 nnd out thing against
hcr The defendant prove should hay