The herald., 1895-12-28
His Deposition Partially Taken
by U. S. Commissioner
THE Willy SCHEMER'S STORY
The Narrative Interrupted by the Witnes S
Having Hemorr!iage
The Hearing Continued Until This Morning
An Unbiushing Confession OF Bribery
and Corruption-court News

time set for taking his deposition in the
case of the Consolidated Water company
and J. M. Howells VS.. L. S. Blbcock and
the Southern California Mountain Water
company, recently instituted in the United
States circuit court. and which is based
primarily on an affidavit mado by Mayne
in which he swears that he bribed men,
bers of the San Diego city government to
vote for Babcock's water supply scheme.
The object in taking the deposition at this
time is to preserve Mayne's testimony for
use in the trial in case he should die before
it comes off.
At 10 o'clock United States Commissioners
Van Dyke put in an appearance at the
sherff's office, and Mr.. Burr gave up the
use of his private room for holding the ex-
animation. L. S. Babcock was in attend
ance. with his attorneys, Hon. w. j. Hun
saker and Judge j. A. Gibson OF SIN DIEGO.
o. A. Trippett of San Diego appeared for
the Consolidated Water company and
Mr.. Hcwells, while H. L. Doolittle, also of
San Diego. looked after the interests of all
the other defendants. Stenographer Long
ley took down the testimony for the COM
missioner, and San Diego stenOgrapher
for the defendants. w. J. Murphy and w.
H. Shinn were present, representing
Mayne.
At1O:15 o'clock Wayne was brought from
the county Jail. He was looking very pale,
but his voice was stronger than was eX-
pecte(, and from the manner in which he
started out it looked as though he would be
able to get through with his testimony. Mr..
Hunsaker objected to taking the testimony
on the ground that it was past the hour set,
that the commissioner had no authority to
change the hour and, furthermore. that no
sufficient grounds had been offered for the
delay.
The objections were overruled by the COM
missioner, when Mayne proceeded with his
story, on substantially the same lines as set
forth in the affidavit, but going more into
from the more formal document. He spoke
in an easy, colloquial way, giving his testi-
mony substantially as follows:
Mayne said that when he was building a
railroad at San Diego he learned that Bah
cock had a lot of material that he could get
for very low figure, and he called on him
at the Hotel Coronado. After talking over
various matters, Babcock told him that he
would help him out, if he (Mayne) on his
part would assist him in getting his water
proposition through the San Diego council
and board of delegates. As a result of this
talk MAyne said that he entered into an
agreement with Babcock. by which he was
to do what he could with the councilmen
and delegates. dor this Mayne was to re-.
ceive $3.50 q month for himself, and to
have control of sufficient funds to carry
out his plans with the councilmen. In pur-
suance of this agreement Mayne says he
first saw Levy, and found that he was
already Babcock man:r He next saw
Brant, but found that he could do nothing
with him. Next Whitney was approached,
but he also was Babcock man. Davis, of
the board of delegates, was the next man
approached; Davis was very frank about
the matter, and said that he wanted to
make 5000 out of the business, but finally
agreed to vote for the preliminary resolu-
tons for $50, which he paid him. He then
saw Joseph Backnan, VINO agreed to vote
for the preliminary resolution for
$50, which he paid him; with II.
~ i; Barrow it was vas. the same.
gates. promised to vote for the preliminary
resolution for $50, but afterwards refused,
saying that he was afraid. He next saw
Duncan and Grow, and arranged with them
to pay them $500 each for their votes on
the preliminary resolution and the final
fiuence and work in favor of the PROPOSE
ton at the election; he paid them 500
each cash, The remaining amount to be
paid them as follows; 5000 when it passed
both boards and 5000 on it's second pass
age. He also saw Robinson, but made no ar
rangement, Robinson saying that he would
see about it later; he wanted more money
than Babcock was willing to pay. Barker
was also seen, but no arrangement was
made, he" remarked Wayne, "wanting
me to promise that he should have his
proper divide of whatever spoils there was
in it," Mayne sad when he had received
enough votes to pass the bill, he sent to
Babcock for $3.50 by his secretary, Frank
Etheridge. Babcock sent the money back
in an envelope by the same messenger.
Later that same day Babcock came over to
see Mayne. and gave him $3.50 more, he
having paid him 500 when the arrange
ment was made. This Mayne said, ac-
counts for the expenditure of all money
banded by him in this connection except
500, which he paid to man whose name
h9 does not intend to divulge at this time.
1.-THE resolution passed" concluded Mayne
in significant manner.
Mayne had been talking pretty steadily
from the start, but at this point he sudden
ly jumped to his feet and in a rather dra-
matte manner announced that he could
proceed no further, as he was about to
have a hemorrhage.
Under Sheriff. Clements was called in,
and Mayne was removed to his cell in the
county Jail and physicians were summoned.
Later Mayne had quite a severe hemor-
image, losing considerable blood.
Mr.. Hunsaker, on behalf of Mr.. Babcock
and the defendant corporation, objected to
any continuance whatever of the taking of
the deposition, saying that he and his assc-
ciates were present on notice for the pur-
pose of taking the deposition, and the COM
missioner could grant no delay.
The commissioner said if Mayne was
physically unable to proceed he would adj
journ the hearing, but for the purpose of
keeping the record straight DR.. Granville
MCGOWAN was called and testified that
Mayne was very weak. On this statement
the hearing was adjourned to 2 p. IN.
AT 2 o'clock the commissioner and the
attorneys were again present, and fifteen
minutes later Mayne was brought in. He
said that he was physically unable to pro-
coed with his testimony, and asked to be
excused. At this there was some objection,
when Mayne fatty refused to proceed. He
said that he was perfectly willing to give
his ties imony, but if they wanted it, they
must take it as he could give it. He did
not propose to injure himself further.
Mr.. Hunsaker again objected, and after
briefly examining Mayne as to his physical
condition, he was excused by the commits
sioner and the hearing continued until this
at 10 o'clock.
Changes in this County Clerks Office
AS the first of the year approaches ru-
mors and reports of changes in the county
clerks office increase. Mr.. Newlin is
keeping his own counsel very closely and
refuses to be interviewed as to removals or