The herald., 1895-12-17
Mayne Must Remain in the
Custody of Sheriff Burr
TO BE TAKEN TO SAN DIEGO
But 1t Will Be in Charge of a Los
Angeles Officer
Trial Of Patrick 1cAnery for the r1urder of
Billy Hunter Commenced-An Eye.
Witness Story.

The application of Clifton Z. Mayne for
admission to bail came up for hearing
before Judge Smith in department one of
the superior court yesterday morning. As
is usual in all matters in which this smooth
fakir and swindler is the central figure,
the latest turn in his case attracted much
attention, and the courtroom was crowded.
Colonel Copeland and Mr.. Shinn of
counsel for the defense were early on hand,
fortified with an imposing array of legal
authorities. Assistant District Attorney
Hatton was also on hand, but minus the
law books.
dressed the court at length, urging the adj
mission of Mayne to bail pending the ap-
peal of his case to the supreme court. Mr..
Shinn, while admitting that the whole mat
ter was entirely in the discretion OF the
court, thought that this discretion should
be exercised on behalf of his client because
he was very sick man, and for this rea-
son all the leniency possible should be ex-
tended to him. Mr.. Shinn did not think
that any harm could come of admitting
Mayne to bail, but in the interest of com.
mon humanity he thought it should be
done.
Judge Smith in reply agreed that it was a
matter wholly within the discretion of the
court and he did not think it was case in
which that discretion should be exercised
on the side of the defendant. Judge Smith
plainly told Mr.. Shinn that he did not take
much stock in his physiological plea" for
the release of his client, and as he could find
no authority for the release of prisoner
under sentence because of bad health he
did not see his way clear to do so. The
judge intimated that if Mayne's health was
really as bad as was represented he nigh
allow him to be removed to the county hos
pital, which was the proper place for him
under the circumstances and where he
could have all the treatment necessary for
him. He concluded by denying the appli-
cation.
After Judge Smiths decision Mayne's
attorneys were permitted to withdraw the
be presented to the supreme court.
Judge Smith also declined to i1dorse the
order of Judge Puterbaugh for Mayne's re-
moval to San Diego to appear before the
grand jury, saying that he had no author
ity to do so, and that under the law, the
whole matter now lay with Sheriff Burr.
Sheriff Burr, when seen by a HERALD re-
porter yesterday afternoon and asked
whether he proposed to surrender Maybe
to the San Diego authorities. replied that he
did not. Under the law, Mr.. Burr said he
was compelled to take Mayne to San Diego
county to appear before the grand jury,
but he did not propose to let him get out
of his custody. Under section 1895 of the
code of civil procedure and section 1888 of
the general code, Mr.. Burr said that his duty
was plain, and his attorney had advised
him that he should take the prisoner to
San Diego as directed. Mr.Burr or one of his
deputies will accordingly take iMayne to
rants it, and when he has given his testi.
mony he will be brought back to Los Ange-
les. The only thing to be feared is that an
attempt will be made to ges him out on
habeas corpus proceedings, and every pre-
caution will be taken against this.
Mayne had several hemorrhages yester-
is rec csiving the best of attention and as
soon as he is strong enough he will be TAX
en- to San Diego. .