New-York tribune., 1876-11-24
THE MARrINEz DEL TALLE CASE.

TAKING OF TESTIMONY COMPLETED
DENIAL BY THE PLAINTIFF OF TIIE TESTIMONY
AGAINST uER-MR. CHoATE's ARG UAiENT FOR
THR DEPENDANT.
The trial of the suit OF Eugene Martinez
against Juan Del yalle 900 damages for breach OF
promise OF marriage continued yesterday with the
same Accomplishments that have marked lt since us pc
culiartes were first known. The courtroom was
crowded so far as the seating room admitted, and out
aide hopeful trOng stood patiently for hours, Whiting
10 gain access to the and chance to see the
hat OF the plaintiff the white hairs OF tine defendant
Inside the proceedings were somewhat dry until MI
Choatc began hs argument for the defendant whch oc
cupled with a brief recess, the greater part OF the
working day. Judge Donohue had intimated wish 70
co the case yesterday but when Mr. Choae concluded
his argument at half-past o'clock. and Mr. Beach had
NJ least two hours TO speak the other side nc con-
cluded to adjourn the end OF the ease until today
The first witness called yesterday for the plaintiff in re-
butal was Thomas j. Hail. but his evidence was rs %
the plaintiffs previous good character, which the court
held had not been ussaicd, Judge DonOhue excluded H.
John Manning the hall boy in the Hotel Royal who tes
tilted against the plaintiff recalled, and admitted
thai he had made on affidavit for MI Del Vae the facts
being dragged out OF him by repeated quesuohs ne had
been discharged from the Everett House by hI.
O'Brion Hr. O'Bricn called TO show why ne us
charged Manning, but was not permitted to state the
reason william Gonuon, the elevator boy at the Hotel
ROYAL admitted that ho had made an affidavit Tor the
defendant and had met John g. Cune, but he I'D not Tell
any one that he could make nothing out OF the plaintiff
rs she Vas poor but had made enough out OF the deicnd-
ant fOr,the Winter
The ta!nuf was then recalled and questioned as to
the Defendants statements In his evidence. Many qies-
tious were excluded because the 10 them would
bs merely restting her former evidence hue she denied
positively most Of the evidence given for the defendant
She denied Mr. Del Wales testimony as to story about
young following her to church She never exhibited
herself lmmodg5ty allowed her room door to remain
opeu; she u.ght have combed her hair with her door
open She rompcd with the children occasionally but
not 10 expose herself Improperly. Nj Del Vale never
demonstrated with her about H. She never tried to con
ceal any letter from Mr. Del Vale Giving her age as
~ was joke She denied the story OF the Lal boy and
elevator boy except that r. A. Hammond once called on
her about a bill. She had tried to iud Mr.. Hammond,
without success IL not $500 but 1900 which the
defendant sent her from Saratoga shc never had told
the story Mrs Quackenboss had ascriDed TO her, she
never introduced Mr. Cfamer to Mr. Del Vale She ald
not know Mr.. Lewis. The proposal to leave nome came
from the defendant Sine sent Celia 10 the defend
mt for money 10 pay her fare, as testified by her.
This closed tho testimony, and Mr.. Choate presented
the argument on behalf OF the defendant
lie CONGRATULATED The jury upon their speedy release
from their duties aud from the nOxous atmosphere OF
the trial lie warned them against the natural sympathy
winch the plaintiff likely to excite in them. Ihey
should steel their hearts against this c0nsdeFatoh anu
III
man where there was q beautiful woman III tue case
1bev had aso to guard against the elOquence OF her
counsel from long experience In such litigation without
n pecr or a rival The combination Of beauty ana eo-
oueuce oud be much and they could no more help
being swyed BY his ZEN Ga pbe G be % pa
lin had drawn ber own picture. Inc chaFtcutr Was Iu
the training She said she was brought up under the
rigid discipline OF whom she described as one OF
the yiicst OF MONSTERS who even threatened hef with
murder she pursued tie ordinary course o women and
c married This did not cent, ana the fam
y was supported by the female members so that 10 vas
surprising that they were Without acluFen resOh
or God Mr. Del Vale met her adept in the ways o.
NewYork, already provided with an alias and Receiving
letters in male handwriting Never did pirate pursue
holneward bound East lndiaman with more ador than
this woman and her family pursued THIS supposedly
wealthy Cuban. It was big bonanza for them Ths
woman ready at once TO take private lunches with
wine a SOars ana leave home ANA go under an ssume
name 10 a hotel. This her story ana Tor this damage
claimed $4,000. There was one portion oI ths case
which even the press could not take upthe appearance
OF the painiiM Had any Que seen even one Dush u1Is
the trial, any distessf once there was call Tor
the o her eIes Sic had been weepin dry
tears, and went on with her story with sparkling
eyes;, ,o..,, .o.o continued ,,o co,,rso, n
which | wish TO call your attention Did yon observe
when she mad got TO the end Of her story ne Incident
which made my blood Run cold, rs am sure IL dld
yours Did You observe with what zGst and relish and
keen enjoyment she YOU putting into the mouth
OF my client falsely, he Says, ali thoss lnesnoname
stories with which she entertiihea % you, ahd never
happened 10 recognize as invented NOT py the Piantn
or the delendant-the story OF the hrng with lady
through the lattice, which Ia an old story to be founc in
Iioccaeco's DecIneron written about 900 years ago,
and which has made It's reappearance In French fiction
from that time to this. suspect that the plaintiff found
t during her supplementary education IN reading light
literature under the tuition Of her stedather But gen
tlemen what must be the condition OF the mind and
heart tine who detail before such audi
without the least necessity such stories, whether
invented by herself suggested by the defendant
sought for IN works OF fiction within the last few weeks
Now, tins depends the yeraCity of the parties.
The pianf got on the witness stand this morning ana
cQnrBdcted oath the oaths OF fourteen witnesses
h6r oath against every oath and every oath agnst hers
Gentlemen, which OF you does not know the meaning of
with an alias ID New YOrka WHAT weight OF
gold would you take and have 10 established that your
daughter sister wifo had an alias and was receiving
letters from genIemenP
Mr. CnOate after the recess, spoke az length OF the
curious manner In which the acquaintance was iOned
eiicitng repeated laughter He rdculed her claim that
engaged to Del Vale YET Kept &c secret acco-
panyng him however to the thcaer and TO the lunch.
room. he concluded by alludlng TO the testimony OF
the plaintiff and sister, indicating that throughout
sue showed herself happy and unconcerRe, though she
said this great misfortune had Defallon her and he
asserted that IL only after the plaintiff was dis
charged and felt the pressure OF poverty that mo
blackmaing letters were sent, and they falling, this
suit was Instituted
blubbering little fellow explained bis
sl ID. lft.tf f.n