The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-11-20
AAYNE'S LATEST SURPRISE
Ills Attorneys Explode a Bomb
in the Enemy's Camp
DELLA SHIPTON BACKS DOWN
The Child Declares That She Has
Periured Herself
Serious Charges 1ade Against the Wrlghts.
The ToIman Case Dismissed-den.
erai Court Notes
DELLA SHIPTON BACKS DOWN

Yesterday morning was the time set
for the sentencing of Clifton E. Mayne,
con let ID of rape on the person of Elsie
Shipton, in department one of the SUI
perior court. The defendant was on
hand with his attorneys, Messrs. Cope
land and Murphy and when his case was
:illed MIR. Copeland announced that W.
H .RShinn had been associated with them
in the case, and asked that sentence BIZ
continued until this morning.
Assistant District Attorney Holton OBJ
jectei to any continuance. but the court
granted the request. ut the same time
suggesting that if the defense had any
affidavits to offer in support of their mo-
ton for a new trial That copies DC at once
furnished the district attorney, in order
that he might prepare counter affidavits
If he 80 desired in the matter.
Acting on the suggestion Mr.. Copeland
handed over to Mr.. H olton copies Of two
affdavits. and the assistant district attor
ney at once left the court room and pro-
ceeded to his Office.
There have been any number OF sur
pr ses in the Mayne case but the one
sprung on the prosecution yesterday was
in the nature of a bonn hshell. The two
atdavits were by Della May Sbipton
and Clifton f. Mayne and are really very
remarkable documents.
1t will be remsm bered that Della May
Shipton disappeared few days ago and
1t was then thought that this sappear-
ance was in the interests of Mayne. The
affinavit proves that this surmise was cor
rect. Della's affidavit is dated Ban Diego
and is q very ingeniously worded dOcu-
ment, showing great care in its rrepara-
tion In one sense i. may be called a
general denial OF her testimony as given
during the trial, but on a closer perussl
it will be discovered that loophole has
been lett for escape in every instance
whore it is material. In a general way
she says that sne testified as she did
apsinst Mayne berause she was under the
influence of the Wrights, and they forced
her TO do so.
She denied that Mayne had ever had
sexual intercourse with her, and says that
she does not know that he ever did with
her sister, and that she swore as she did
because the WrIghts made her do so. She
says that she testified that Msyne got
into bed with her sister ana herself be-
cause Mrs. Wright told her to do so, but
that as a matter OF fact she did not even
know whether Mayne was in the city On
that night or not. She further says that
she does not believe that Mayne is guilty
Of the crime of which he has been con-
victed. Mrs. Wright, she says, used to
talk about nothing else but Mayne after
his arrest She said she hated him tor
the manner in which he had treated her
and ner husband in business matters,
and she frequently said: II will follow
him to the bitter end
Msynes affidavit is simply TO the effect
that he did rot know of these facts at the
| time OF the trial.
| Mr.. Holton lost no time, and Mr.. and
Mrs. Wright and Elsie Shipton were at
once notified to report to the district at
tnrney's office, which they did, with Con-
stable Harry Johnston, during the after
noon and the work of preparing the
conntsr-affidavits proceeded until 5
ooluck.
1t is the general impression that Judge
Smith will prom pity deny the motion for
a new trial and sen tence the prisoner
when notice of appeal will he filed. The
Shipton girls affidavit carries but little
weight. and is believed to be the last des-
p rate attempt of Mayne to keep out of
the penitsntiary. The girl IS now under
the influence of the divorced wife of
Mavne and other frienus of the schemer
at San Diego, and it Is believed that she
will swear to anything that is required
of hec.