The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-11-22
THE kAYNE CASE IN COURT
Argument Heard on a Motion
for New Trial
A SENSATIONAL EPISODE
Mayne Makes a Demonstration Against
Constable Harry Johnston
John Kingsbury, the Alleged Rapist, Dis
charged by Judge Smith-A Novel Pro.
bate Point-Genersl Court Notes

| The court roum OF department one was
crowded yesterday morning wnen Judge
Smlfh took his seat. the attraction being
the Mayne case. After disposing of sew
eral otnsr matters the case OF Clifton Il.
Mayne was called. J. L. Copeland lead
Ing counsel for the defe SO, at once pre-
scented his motion for new trial, on the
grounds that the jury had been allowed
to separate. that they received evidence
out OF court, trat new evidence had been
discovered, AZ set forth in the sffidavits
prevented, etc. Mr.. Copeland then pro-
ceeded to address the court at length,
saying that he had never seen the counter
atfidAvts prepared by the district attor-
ney until a few hours 5sfore he came into
co rt. and if nothing else could be done,
he thought be and ms colleague shoild
have time to examine these atfidaVts, to
say the least. Mr.. Copeland then Stated
that his Colleague Mr.. Murphy, had bsen
arrested that m ,rning on the complaint
OF Mrs. Wri .nt, without any evidences
whatever, on chafTs Of subornat on Of
perjury, AMI was even then in court in
the custody of an officer. Mr.. Copeland
then asked whether he was to be psr.
mitted to do his duty by his cli4nt. Or
whether he was to be init nidatel by
threats of prosecution and possible dis.
grace. Mr.. Cop land called on the court
for prote, ton.
what do you want the court to do?"
| inquired Judge Smith.
Mr.. Copeland explained that he wanted
projection in defending his client, wnen
Judge Smith told him that he should
have the utmost lat tuue in conducting
his case, and that lie should have all tne
protection necessary, but that he would
not listen to any long-win led speeches
about people being arrested. and OF which
he knew notn-nb
Mr.. Copeland then got down to business
and read Della Snipton's affidavit. This.
he said, was certainly new evidence, and
in justice TO the defendant he should be
given a new trial in order that it might
60 before the Jury.
W. H. Shinn, who has been associated
in the case. then briefly addressed the
court. saying that he, too. desired an op-
portunity OF examining the aiidavits.
After some further argument Judge
Smith granted s. continuance until Satur-
| day morning, Assistant District Attorney
Holton saying that he had no desire to
prevent Mayns getting all the show he
| was entitled to.
Just as court adjourned for the noon
recess Constable Harry Johnston walked
over to Attorney Murphy and snook
| hands with him. At this Mayne took
/ offense, and beckoned Murphy to come to
him. Murphy started, followed by John
ston, aud as they approached Mayne APP
piled vile epithet to Johnston, saying
that when he got out of his present trou-
BILE he would attend to him, intimating
that he would break every bone in his
body. Johnston smiled at this and told
Mayne that he would be almost willing
n
he could get him in room by himself
Mayne was led away at this time and
the natter dropped.
The San Diego Videtts comes out with
the following article in relation to this
case: Barney Manning went to the d
street dept last nj hit and waited for the
arrival of the Los Angeles train. He ex-
pected to be arrested by Consta BILE Harry
Johnston. The expected arrest had some
connection with tue Mayne case. Man
ning's expectations are said to have been
based upon a pris ate telegram from LIS
Angeles. Some Sensations may develop
in the Mayne case al this end of the line
before another twentvf -four hours"
The sensations expected as gathered
frum var us sources may cause some of
the councilmen of San Diego to wish they
had never known this willy scIemer. The
facts as related by a prom nent San DISCO
man are as follows: Mayne was indicted
by the grand jury of San Diego for at
! tenn ptlag 10 DTlOe certain CUunCllmen TO
vote on the Babcook wafer proposition.
Since Mayne's troubles here he has been
supplied with considerable cash and his
lawyers are getting fat fees. Now the
question is who is supplying the funds?
1t is alleged that Mayns mas made a deal
with the San Diego Flume company, an
opponent of the Babcock system, to di-
vulge mis- connection with the latter COM
| PAW. Mayne's statement and his cash
books are now in the hands of a banker
in San Diego who represents the San
Diego Flume company. In this state
ment, it is alIsged, Mayne claims to have
bribed certain councilmen. For this
statement. it is claimed Wayne received a
handsome sun. But the lost interest in G
part is yet to come. Larney Manning,
an ex-coD sta BILE of SAN Diego, and now a
detective, 1t is charged, has approached
certain councilmen and asked them to
swear that Mayne was in San Diego when
1t is alleged he was in Los Angeles
March 18th and 30th. These are the aft
davits. it is claimed. that the prosecution
may have t, fisht on Saturday 1t is also
claimed that in consideration OF Mayne's
staten mt tho tiume people Will 20 his
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