The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-11-24
CLIFTON kAYNE SENTENCED
Must Serve Twenty-Five Years
in San Quentin
HE TAKES IT VERY COOLLY
JUDGE Smith 10 His Remarks Severely
Crltlclses the Prisoner


Argument on the motion for . new
trial In the case Of Clifton II. Mayne,
convicted OF rape on tina person OF Elsie
ehipton. aged ID years. occupied the
greater part OF the time In DEPARTMENT
one yesterday. Tho stidsvits Of Della
Nay shipton, Mrs. 6bipton and q.
B. Mayne. he'etofors published. were
formally offered by the dele Sc. The
prosecution then offered the ad3davits OF
Mr.. and Mrs. J. H. Wright, Elsie Ship
Won and Constable Harry Johnston, also
hsrstofors published IN substance. ASSIST.
ant Distr OF Attorney Holton also read
the testimony of Della Shiptoa, given at
the preliminary examination.
There was some talk between counsel.
when another affi iavit made by ". J
Murphy VS. read by counsel tor defense.
Mr.. Murphy alleges tina, he believes there
10 . con ,p,'scy existing to send Mayne
TO the penitentisry, and he alleges that
he believes the Wrights are the leaders in
this conspiracy. Mr.. Murpuy further seis
forth that he has besn arrested on = COM
plant Of Mrs. Wright ON . charge of sub
ornatirn of perjury in connection with the
atiiLavits OF Della. May and Mrs. Ship
ton. Murphy denies that he ever saw
the afii iavits until they were shown him
BY J. l.. Copeland, loading counsel for
the defense, the said affidavits having
been made in can Diego, whereas he has
1sma ned continuously in Los Angeles.
Murphy says ne believes this charge
was brought agai him for tho purl oss
OF Int midating ,hs attorneys for the de-
fsnss Mayne.
Mr.. Cope,anh then ad dressed the court
at length, after which Messrs. Hutton and
NcCumas summed up TOR the ople.
Judge Smith then reviewed The whole
matter q length. He oonld not s. Q that
there b. id been any chance for the jury to
have be- misled, nor ala ne tnink that
due dilig nee had not Seen USED in sscur-
log the evidence alleged in the affidavit
HIS honor referred TO the cautious nlan.
ohipton hsd been drawn, and said that
be could not hiring himself to believe that
Della May Shipton had lied at the pre-
iin,inary examination and ut the trial,
and had told tie truth in her affidavit.
Bis hoaor characterized the whole
scr his way cl ar to grant new trial on
the showing made, as he was not i'm
pressed with tle tru hfulnesS Of that -
dasit; he thought it was false.
Judge Sm u then ovsrruied the nation
for o new trial. 10 which Mr.. Copeland
took an exception.
bayue va. then ordered to stand up.
ard aft r eadins the indictment Judge
Smiln ask d him VI he had auythin. I,
say VIII sentence should not be pro-
nounced.
Mayne stood like statue, never say
ing word, when the en- bartassing
sIlen,e wa, broken oy Mr.. Copsl nd, who
said they ha nothing to say Al this Zine.
JUICE Smita tnen proceed,d t. review
the testimony. calling attention t. the
enormity OF the crime Of debsuch,ig
youn- girls. laying special stress upol
the 81 stemaiio. c ,ld-hl ,oded mani er in
which his cr,m. had been co % miiteu.
Hi. hOnor's remarks were scathing, and
when he spoke ABOUT how low be had
fallen in debauchiIg young Iris. Wayne
burst out With, ii never did. your
honor"
Judge Smith then sentenced Mayne 60
twenty-five years impriso iment in the
penit nOary at San Quentin.
Mayne took bis sentence very quietly
and displayed no emotion.