The herald., 1895-11-06
Clifton z. Mayne in Court

AS was expected, when the case OF
Clifton Z. Mayne. charged with rape
upon the person Elsie Shipton, one of
the children brought by him from San
Francisco last spring. was called in Judge
Smiths court yesterday morning. that
individual began schemins for another
continuance. AS has been published in
The Herald from time to time, Mayne
has influential friends who have been try
ing to get him out OF his desperate scrape
but so far all their efforts have failed,
even when the mother of the victims
has been enlisted on his side.
THIS has boon accomplished mainly
through the viSllance OF Assistant Dis
trict Attorney Holton, though Sheriff
Burr and Constable Harry Johnston have
done their iull snare.
when the case was called Messrs. Hol-
ton and McComas. representing the state,
announced that they were ready to pro-
coed. but the defense could not see it
that wav. W. J. Murphy, the San y lego
attorney who has been representa-
Mayne, said 1t would De Impossible ia 20
on at this stage aud do his client justice.
he then proceeded with the reading of
lengthy affidavit by Mayne, in which
that individual years he was arrps ell
at San Diego on the Both of July last, al nd
that since that time he has been III Jail
Wltubut luplcy W euPdRc IdWVtTH
for his defense, and that J. l.. Copeland
had volunteered his services without
money and without price. Attiant further
said that he could not safely GO on with
his trial at this time on account Of the
absence of q material witness, one Nora
Blosser, who lived in Iowa in 1879, 1850
and 1881, and was well acquainted with
Mrs. Clara e. Shipton the mother of
Elsie, and who would swear that the said
child Elsie WINS born in 1879, ana was
therefore IS years of age on the Goth Of
March, 1895. Another material witness
was Ella Blosser. who would swear that
Mrs. Clara Shipton gave birth to female
that the said child was not Elsie. The
Blossers, atfiant further states, now live
in Marcus, Iowa, and that he can get
them here il granted a reasonable con-
tinuance. as be will soon be in position
and have money to pay their expenses.
Mr.. Murphy further stated that Mr..
Copeland, Mayns's senior counsel, was
did not feel that he could proceed IN his
absence
Mr.. Holton vigorously protested against
any continuance at this time, saying that
there had been omple time to get the
testimony referred to.
Judge Smith very sharply rebuked the
defense. saying that no diligence had
been shown and that the trial should pro-
coed forth with.
Then will Withdraw from the case. !"
said Mr.. Murphy.
You will not, replied Judge Smith
sternly, ~ will not permit you to do SO.
This looks ike put-up job to secure
continuance. continued his honor.
That is an insinuation not justified,
your honor" reptile d Mr.. Mummy.
THE matters in the affidavit condemn
the proposition" said the court. THE
jury is here, and at the last minute you
come in with such a statement. l will
not permit It,"
Mr.. Murphy then asked for a continu
ance until this morning. but Judge Smith
would not listen to this proposition. and
instructed tho attorney and Others inter-
estet to be in attendance at o'clock.
At 2 o'clock when court reconyened, an
affidavit was presented from Mr.. Cope
land, saying that he was very sick from
trouble, and that the only reason
he was not present to go on with the case
was because he considered such action
dangerous to his own life.
On this affidavit, attested by the physi-
clan in attendance on MIR. Copeland.
Judge Smith granted continuance until
Thursday morning.