The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-11-09
Mayne's Victim Holds Up Well
Under Characterization
HER TESTIMONY MISTAKEN
CorrOborGted IN All Main Points by Her
Sister Della
Mrs. Clara shIpton, the Mother Of the
Girls, on the Witness Stand.
General Court News

Ihe triSl Oh LINTON u. Mayne, charged
with having Gebauched Elsie Shipton,
aged ID years, was continued before Judge
Smith IN department one of the superior
court yesterday. All the seats in the
conrt room were occuoied. and Judge
Torrance of San Diego occupied seat on
the bench with Judge Smith.
When the case was called the Jury was
excused TO allow argument on the point
raised Thursday afternoon with reference
to testimony showing acts of criminal
Intimacy between the defendant and Elsie
Shipton other than the one on the night
of March 3Oth, as charged in the indict-
ment.
Mr.. Holton conten6ed that such testi-
mony could be introduced by the prosec-
ton for the purpose of throwing addi-
tional light on the case. This contention
was opposed by Mr.. Copeland insisting
that the people must stand on the date
liked and on which the indictment is
based. After arguments Judge Smith
su tanned the objection.
The jury was then called in and Mrs.
Wright again took the stand. She told
about the door between the rooms occu .
Plcu ny MdynC anu tuo girls UclHS uu-
locked, and said that the girls hal told
her that thsy left it unlocked to they
could go in and biz Mayne good morn
ing
Mrs. Wright was subjected to very
close cross-examinationw which consumed
the time up to the noon recess. Her story
remained mistaken in its main points.
AT the afternoon session Elsie Shipton
was PIT on the witness stand for cross
examination. The girl retained her COM
posture to a wonderful degree, and was
not shaken on any material points, al
though she contradictec herself in some
minor details. There was some dispute
as to her age. but sue stood her ground
and insisted that she was but 10 years OF
age when ,he crime was committed, as
she had been born at Dubuque, Ia, June
II, 1881.
Della May Shipton. the 12-year-old SIS
ter OF Elsie. was the next witness. She
told about meeting Wayne in San Fran
cisco, where sne knew him as Perry Loft
us. She told about introducing her sister
to Mayne at the Van Ness house, and de-
tailed all the incidents leading up to the
trip to Los Angeles and what transpirsd
here. she corroborated her sister on all
points as to what took place at the
Wrights especially with reference tn
what occurred on she night of March
3Otn. She strck to her story on cross-ex.
animation and proved as good witness
as her sister.
| Mrs. Clara Shipton, the mother of the
| girls, WIS the next witness. She testified
that she was married in 1879 In Wisconsin
| and that her husband was foreman in I
packing house. Eisie was born in Du-
buque, Iowa, and WIS IA years of age or
! June lztn. She had made record of hel
| birth in her mother's family bible
| The hIble was offered in evidence, but
| objection was made. as it showed on its
| face that the entry was not made at the
| time purported.
Witness, continuing. said that she did
| not think 1t was long after the child was
| born. \ certified copy of the record OF
| birth from the city records of Dubuque,
Iowa. certified t, by the judge of Dubuque
advisement. Witness said that she had
known M yna since November last. She
met lin on Kearney street to see about
his adopting her child. She sent the
children to Lns Angeles when he sent fo1
them. He was to educate them. He told
her his name was not Lotus, but on &C.
count If his wife he had retained from
Giving his proper name.
On cross-eXaYn ination Mrs. Shipton said
that Mayne had toll her at first that be
was a married man and would explain
everything when matters got straig b ten
ed out.
Another wrangls here took place over
the record in the family bible and an
effort was made by the defense to show
that the date had been changed.
At o'clock Judge Smith adjourned
court, as juror wished to catch train.
The hearing will be resumed this morn
! ing.