The herald., 1895-12-29
aAYAE REFUSES TO TALK
The Taking of His Deposition
Again Interrupted
HE BALKS AT A QUESTION
And FlatIy Refuses to Answer Attorney
or Commissioner
HE BALKS AT A QUESTION
Additional Details OF the Bribery Of the San
Diego CounciImen-Charges Against
Acknowledgement Court News

Clifton E. Mayne re umed his highly in
teresting nara i've before United States
Comm ,sioner Van Dyke and a select audi
ence in Sheriff Burr's private ofil,e yester-
day morning. The audience consisted Of
the attorneys in attendance on the previous
day, Sheriff Blu r, one or two deputies,
stenographers. reporters, ETC. Mayne had
app 4rently enjoyed good nights rest,
and was looking rem ark tby well for him.
There was a snap and vim in his manner
that was in marked contrast with his APP
pearance at the adjournment Friday even
ing. E. S. Babcock occupied chair di-
rectly behind his chief )unsel, Hon. w. j.
Hunsaker, aud frequently leaned over to
prompt him as to questions he wished
asked.
Oscar A. Trppett of San Diego, counsel
Tor the fiume company, and Mr.. HoWels
conducted Mayne's ex animation in chief,
ques ion'ng MIN with copy of the wit
ness's atii iavil before him on the table.
Mayne. in his usual curt, decisive w.y,
again went over the details of the alleged
bribery by hum of San Diego couucll men at
the instigat,on of Il. 5. Babcock, To vote for
the franchise of the Southern Cal foruia
Mountain Water company, of which ib-
cocN WAS the leading spirit. This part of
his testimony was substantially the same
into additional details, telling about how
he had taken precau 10 IL against the cor
rup,ed counc,l'nen going back on their
promises after they had received their pay,
and how he had kept them under surve l.
lance after the resolution had passed the
sec ,nd reading, when hey were p aid the
addition, Al amounts promised. For this
purpose he employed George ii. Corey a
spy TO see that "his men" did not go over
to the opposition, and that they were kept
Y,rny rlx in 81 aa
70 hun from ZINE To timA, and he in turn
kept Babcock iuliy advised of what was
going on.
Shortly before IL o'clock Mayne was
turned over to the attorneys for the de-
PENDANTS, and was subj-c'ed to a very rigid
cros--eXamination by Mr.. Hunsaker.
After yong INTO the question of Mayne's
heal h at length, asking him as to the
number and severity of his numerous hem
orrhages, of his arrest, trial and convection
on oh ,rge of rape, of his recenf trip to
San Diego, when he testified before the
grand jury, Mr.. Huusaker asked him who
lie had ever talked to abou, the charges
made II, his att lavit.
Wayne thought for "a second or wo,when
he e'lied that he had never talked ABOUT
the matter to an one or given out any in-
formation on the subject until he gave the
memoranda TO his attorney, Col. James
Copelud. before his trial for rape.
"trom what did YOU make Up this MEM
oranda?" asked Mr.. hunsaker.
Mayne alleged iha il was made up from
memory and from orig nal slips of paper
in his possession, showing the amounts
PAL and received.
"What induced you to give out this in
fotma ion? asked Mr.. Hunsaker.
'Iwas Determined 10 give an account of
the wnoie trans tctlon to the pubic of San
Diego on account of the way had been
treated by Bah sock, who did not keep his
agreement WIN me and VINO tried To SHIFT
n = hri h.
ing the city cuuucil, besides pers ,cutiug
me on the charge of rape OF which he knew
! was innocent"
Mayne was very emphatic in his manner
as II uen.e. cd tiiin,.-if of this an,Aer, but
quieteh down under the cool questioning of
Mr.. huus;, er, VINO led him over the whole
grouud AGAIN
Ia answer to questions Wayne said that
he uad been visited in the Jail before his
trial by hts attorney, Colonel James Cope
land, aud Captain j. h. Barber. Captain
BARRIER came ii st, and he had about five
minutes talk with him; later in the day
Colonel Copeland called. The next day he
gave Colonel Copeland the memoranda Oh
which his affidavit was based; the affidavit
was given November 18Th.
In answer to further questions, Mayne
gave The details OF his visit to San Diego
when he learn q that he had ben indicted
by the grand jury on the charge of bribery.
lie denied tuat he was ever arrested on
thai charge. When he heard that he had
been Ind cIed he a. once went to san Diego,
when he reported at the sherlff's Office and
gave bond. The bondsmen we're an under
taker named OConnell, and Robinson, and
they were secured for him by Babcock. AS
to why 3abcock Sc cured uondsinen for
him, Mayne said that this attorney, Colonel
Copeland, had sent to Babcock and told
him that he must get the bond.
"Now, MIR. MaSne, as to this charge of
rape on which you say that Mr.. Babcock is
ha
knows you are Innocent, how do you Know
that Mr. baocock knew you were Innocent
when he was in San Diego and you were III
Los Angeles?' asked Mr.. Hursaser.
mir. Bahcock k Jew me we'll" repli cd
Wayne, land any mau who knows me
knows that could not be guilty of such a
crime"
This was emphatically said by Mayne,
but i, was not considered satIstdc DRY proof
from legal standpoint by Mr. HuIsaker,
who returned to the charge with the CUES.
ton, "Who told you that Mr.. Babcock was
prosecuting you on this charge of rape?'
al e use to answer that qlestiou." re-
piled Mayne, for the reason that il is GO
ing into my private affairs and has no con-
nec'ion win tue case for which this deposit
ton is TAKEN"
Mr.. hunsaker evidently thought that this
was an important point, for he repeated
his question in he most emphatic manner,
"Wuo told you that Mr. Babcock was pers-
ii not your attorney, Mr.. Copeland?"
Again Mayne fatty refused to answer the
question, giving his reasons as above
stated, when MIR. Hunsaker asked that he
be ordered To- do so by the commissioner.
Mr.. Van Dyke ins ructed the witness TO
answer the question, but had no better sue
cess than the attorneys, Mayne refusing tc
recede from his position.
Mr.. Hunsaker then asked that the mat
ter be certified to the court by the commits
sioner for ruling OH the matter, and that
in the meantime the taking of testimony
be adjourned until this could be done.
There was the usual talk among the at
torneys, and the former objections to pre-
serve the record, after which Commissioner
Van Dyke announced an adjournment to
Monday afternoon at 2 o'clock, with the
understanding that if necessary il would 90
over until tuesday, morning.
There was some informal talk among
the attorneys in regard to he original at
fidavit, but no one present seemed 10 have
ever seen that valuable document.
Divorce Business
Judge Van Dyke yesterday granted Mrs.
Helen Mcfarland a divorce from George
E. Nc Farland. 1t was default case, the
grounds being deserion and non-support.
Judge York divorced Pauline A. Dow