The herald., 1896-01-01
Taking of the Testimony of Cliff
ton E. Mayne Concluded
HE SPRINGS A SURPRISE
Says That Kennett Told Him Babcock
Was Prosecuting Him
He Hires His Fellow Prisoner In the County
Jail to Work Up His Case for Him.
General Court Notes

| Burr's private office yesterday morning.
The willy schemer showed up in somewhat
improved Physical condition, his rest hav-
ing proved decidedly beneficial, and he an
swered all questions with "a promptness
| that was very refreshing. Imprisonment
| has had no effect in diminishing the monu-
mental gall of Mayne, and the fragrant
| liberties taken by him with the truth GER
tainly entitle him to rank with Ananias of
old The attorneys were on hand in force.
| and E. S. Babcock was, as usual, an inter-
ested spectator.
1t will be remembered that when the
! taking of testimony was suspended, it was
| because Mayne refused to answer the ques-
| ton az to who told him that Bsbcock was
prosecuting him on the rape charge.
Mayne's refusal was on the ground that it
was prying into his private affairs and had
no connection with the cas- under discus
! sion. The question was certified to Judge
! Ross, who ruled that 10 must be answered.
| he significance of the question can be ap-
! precia ed wnen it is stated. that it is con-
| tended By tDe defendants that the affidavit
! was secured Ey Maynes attorneys under
! The pretense that it could be used to help
him in his rape trial, and the document
was afterward sold by them to the Fluune
| company. on which they brought suit.
/ *
could have been shown, but Mayne was en-
! tirely too smart to be caught in trap, and
| in the time which he secured to thilk the
matter over, he c0ncocted a story to get
out of the hole into which he had been
( forced. OF course, there is no truth in it..
! but it answered the purpose, and this was
sufficient.
When the examination was resumed yes
| terday morning Mr.. Hunsaker repeated his
! question, ''Who told you that Mr.. 3abcook
was prosecuting you on this charge of
rape?'
Mayne was evidently prepared, and qu-
! city replied that the man who gave him the
information was Detective Ferd B. KEN
nett, the man now in the county Jail under
/ a sentence of ten years imprisonment in
the penientary for the killing of Detective
| A. Is. Lawson.
The attorneys we're evidently unprepared
| for the answer. but Mr. Hunsaker quickly
| followed with the question, "Who in
formed Kennett that Mr.. Babcock was per-
/ scouting you?"
Mayne was prepared, und he replied
"He did not tell me; he said Babcock was
| behind the prose Hution."
| Mayne said that he had engaged Ken
nett, who was de ective, to conduct an
| investigation for him to ascertain posi-
| lively whether or no: Babcock was re.
sponsible for his prosecution. Kennett
had done SO with the aid of parties outside
of Jail. and then reported to him that Mr..
Babcock had aided in prosecuting him
Mayre further added that he thought Mr.
Babcock was responsible for his arrest OF
the charge of rape. for the vigorous prose
culion that was conducted against him, as
well as for his failure to be allowed to give
bail bond.
Asked if he had told the San Diego county
grand jury the name of the councilman to
whom he had given a 500 bribe, Mayne an
swered that he bad. and he was not asked
to give il by Mr.. Hunsaker.
| Asked il he was aware of the fact that
his attorneys. Messrs. Shinn, Murphy and
, Copeland. all or either of them, were in the
employ of the San Diego Hlume company,
the San Diego Water company or the Con-
solidated Water company, Mayne said
that to his knowledge they were not. He
added that if Mr.. Huusaker could prove
that they we're he would close his mouth
AMI have nothing more to say upon the
subject of San Diego corruption.
, Asked about the original affidavit he had
made he said that he had made it two days
after his conviction on the rape charge. He
had given it to his attorney, Mr.. Copeland,
to be used only in the event of his death
and his consequent inability to get before
the San Diego county grand jury to relate
the facts that the affidavit contained.
Later, however, between December and
8 of this year, Mayne swore that he had
relea ed the affidavit and had authorized
Copeland to make it public Furthermore.
he swore that when he was first arrested
for rape, Copel""d had ridicuied the idea
that BahcocH 'ny.lling to do with the
mater. Mayne limited, though, that
later, when he had liked with Copeland,
the attorney had not combatted the idea,
nor had he tried to convince him that it
was false.
When closely questioned as to his affida-
| Wit, Mayne denied that he ever consented
4 u II.
Office of Judge Works, in San Diego.
Mayne then again went over the story of
his alleged bribery of the San Diego coun-
! cilmen, giving many details of CONVERSE
tions had, ETC., and never losing an oppor-
tun,y to yet in a slap at Babcock. For in
stance. when being asked about a conver-
sation with Mr. Sower in which it was said
he had remarked that BabcocS would not
put up money to hribe the council because
he was a coward, Mayne stated that what
he did say was that Babcork would not put
up properly-that he would not give
| enough. The members of the council, he
! said, had got their ideas up to high figure
as to what their vo were worth. They
wanted Bahcock to agree 10 put up $780,
OU0 to be divided among them instead of
the beggarly $500 or $3.50 which lie Of
| fered. ~ did say he was a coward" re-
marked Mayne, "because he is. and every
body in San Diego knows that.'
/ About the most important matter in the
| whole examna ion came ouI near thJ
/ close. when uIder the questions of MIR.
Hunsaker Muyne admitted that he had OH
the ;5lst Of July last, TWO days after his
arrest, III Mr.. Gopoland's Office III San
| Diego, in consideration of $500 in hand
! paid, given Mr. Babcock a written release
from ali obligations up 10 date, at the same
! time generating hirn from ali compiicty
i'll or responsioi ity for the alleged uro,ug
of the counc,men. This paper was sgurd
( by Mayne in the presence oi his wiIe. MIR.
Goodbody, Mr.. Sower, Mir. Babcork atit!
Mr.. Ioueland. Mayne admitted sigi.;ug
! The document. but insisted tuat at the time
he did so he said il was not true. He bad
for "a long lime been trying 10 get set'le
/ ment out of BalcOck without su@csss
/ tinallv taking his a,nounl uadet Ihess con-
/ diiions as d las, resort.
| MaNne was very closely questioned b,
| Mr.. HUI saNer. who was eVdenely LAYING
the ground for ,upeochlng the aiilisvij
The deponent answered al ques ions Free
iy, and tnsre was no turthec trouDle. H
,Ook no rslas o conceal his haired OF Bab
cock, and 'roasted" the capitalist every
chance he got.
Three of Kind
Yesterday, when the examination OF j.
+. Bedwell on u charge of forgery wa.
commenced in the township Justices court
a man named C. T. tiobinson Was pui Oh
The stand This individual cheerfuiiy ad
r,it,ad that he had siirupd the check !