New-York tribune., 1896-11-28
PRICE THREE CENTS
WITNESS SAYS HE LIED
THE EXECUTION OF THE ALLEGED
HEMPSTEAD MURDERER STAYED.

MR.. POWELL MAKES A SENSATIONAL AFFt
DAvIT-AccUsATIoNs OF DECEIT AND
INTIMIDATION AGAINST GER
TAIN OFFICIALS
Justice Keogh of the Supreme Court yestef-
day granted stay of execution Of the sentences
Of Arthur Mayhem. the negro who was to have
been executed in Sing Sing on Thursday for
the murder Of Stephen Powell. a farmer and
merchant Of Hampstead. Long Island. Mr..
Powell was found dead In the road In Hemp
stead on March Z. Mayhem was convicted In
Long Island City in April on evidence furnished
hy John Wayne. who swore that he and May
hew followed Powell on the night Of the murder
to lonely spot near the latters store In Hemp
stead. where Mayhem killed him with stone
laden stocking
Charles w. Brooke and William T. Emmet
took charge Of Mayhew's case after the Court
OF Appeals had affirmed the conviction. May
hew protested that he innocent. and said
that he did not think Wayne would see him go
to the electric chair. The lawyers were i'm
pressed with Mayhem. and Mr.. Emmett went to
Sing Sing and questioned Wayne. who Is doing
fifteen years accompce in the crime.
Wayne still asserted that his story was true.
but on Wednesday morning Mr.. Emmet re.
'tNSu itt,eI ITJIIl tIe COuSlCt dshlns MIN W
go to Sing sing. He went there at once. and
Wayne confessed that the story he told the
witness stand to the killing OF Mr.. Powell
was lie. and that he knew nothing about the
murder He committed perjury the convict
says. to secure a lenient sentence for himself.
Wayne says that he was intmdated by his
jaers into making the false statements which
resulted in Mayhew's conviction.
WAYNES NEW STATEMENT
The affi lavit now made by Wayne tells SUBJ
stantiay the same story Of Mayhew's and his
own actions before the murder as he told at the
trial. He spent the night drinking with May
hew and other men. ne says. and got drunk.
He left Mayhem in the street about o'clock In
the morning. and went to Chinese laundry.
After that he does not remember where he
went. but must have gone to the gashouse to
sleep. as he found himself there when he awoke
the next morning. He was arrested there as soon
the murder was discovered. and was taken
before the Coroner. He denied any knowledge
Of NJ. Powells killing. but when asked who had
been with him on the previous night men,
toned Mayhews name Afterward both he and
Mayhem were locked up.
Il had been locked up for two or three weeks"
the affidavit proceeds "wh, had conve-sa-
ton with Mr. Tode. the head Of the Queens
County Jail. in Long Island City He told m,
that he had had a talk with Iayhew. and that
Mayhem had come up to the front and had con-
fessed to him that he had killed Mr.. Powell, and
had told him that kept watch while he did
it. He also said that Mayhem would get off
light because he had told the truth, and said
would get off light IL told the same story that
Mayhem did. but otherwise would be punished
heavily" The affidavit goes on to tell that Mr.
lode told the convict how Mayhew had said the
murder was done. and what he and Wayne did
afterward Il denied absolutely" II continues
that any Of the things lie told me had occurred.
and was sent back to my cell.
"A day two after. McDougall. the jailer.
came to me and took me upstairs TO the top OK
The Jail. Two other men were there-a detective
and a notary public. McDougall took us into
little room. and repeated all that Tode had said
that Mayhem had said, and added that Mayhew
had owned up 10 all these facts
Now Wayne he said. i have known you
two or three years. cnd want you TO get off with
light punishment. The only way for you to do
is to own up to the same story that Mayhew has
owned up to. Otherwise, if you try TO lie out OF
it with any different story. you VIII get the
worst eni Of it
Upon this I made a statement as to the oc'
currences upon the night Mr.. Powell was killed
following near as ! could what these men told
me Mayhem had said. My statement was taken
down in writing. and swore TO it, made that
statement because I believed II was the only
thing for me to do to protect myself. I now de-
clare that this statement was entirely untrue
IN so far as it implicated either Mayhew or myself
in the killing OF Mr.. Powell learned afterward
that Mayhem had not made any statement at ALL
FRIGHTENED INTO PERJURY.
when Mayhew's case was brought to trial
the Dist .ct Attorney asked me to take the stand
and declined to do So Then he asked the Judge
to adjourn court My lawyer took me aside and
asked me what the matter / said. 1 won''
testify as they want me to. it is not right He
said You have made a statement, haven't you?
| said Yes. at understood Mayhem also made
one like it, and that is why made mine. He
then said. L cannot do anything for you II you
don't make the same statement | had never
consulted with my lawyer about my case until
this time .
While was telling my lawyer that would
not take the stand. the District Attorney came
in and said: We'll. is he going to swear TO his
statement? My lawyer said 1t didn't seem so
and the Dstrict-Attorney then said. Wei. locr
him up and tomorrow ! put him on tne s.ans s
for his life After more talk OF this kind tooP
the stand because believed would myself SUI
fer the extreme penalty If did not SUCK 10 II
After | had given my evidence on the witness
stand I pleaded guilty to manslaughter on tns
advice of my council.
The stay granted by Justice Keogh is return:
able in the Supreme Court in Brooklyn at IL
o'clock on Thursday morning
Sing Sing y Y, Nov. 1.-THE news that
stay had been granted to Mayhew was expected
at the prison. wnere rumors OF the nature OF
Wayne's confession had been IN circulation since
rho visit of Mr. Emmett. Mr.. Hickey the pri'
vate secretary If Warden Sage, went into May.
hev's cell and told him the good news. May.
how was cool and SAID: II fully expected II.
shall never die lin the electric chair" Warder
sage expecting that the execution would be
nostponed had withheld the Invitations to Wit.
ness IL. They were already prepared and ad.
dressed and were ready for the mall when the
news of the stay reached the prison.
TO CALL A CONFERENCE or SILVER MEy
Chicago Nov. 27.-An in-oortan, conference o
leaders in the late campaign ;or the free coinage O.
silver-Demoorats Populists.. Republicans. Silve.
party and American Bmetalc Union representa-
,,ves-wil be held In Washington about December 10
The call for the conference will be issued early rex
week by A. j. Warner. president and G. f. Bowen
secretary of The American Bmetac Union. Sscre
rary Bowen SAID to-day 10 reporter for the Unlte<
Associa ted Presses that he was waiting 10 receive thu
form Of the call from Mr.. Warner. or Instructions Il
issue It himself He said 1t was expected Mr.. Bryar