The herald., 1897-10-26
From the Shadow OF a
Grave Accusation
MAYNE's BITTER STRUGGLE
OVER TWO YEARS IN THE LAWS
MESHES
With Public Opinion Against Him
He Was Always Confident of
Victory-Some Court Notes

After legal contest of over two years,
in which were enlisted for the prosecu-
tion the most untiring efforts of the dis
trict attorneys office and all the venom
of personal hatred, backed by adverse
public opinion, and on the part of the
defense the bulldog persistency of five
attorneys, Clifton E. Mayne walks the
streets of Los Angeles free man.
Public opinion, never a stable thing
upon which to rely, has veered around
almost entirely in Mayne's case, and
now it may be said that the proportion of
those in the city who would be willing to
press the old charge against him again
is ridiculously small, while those who
think that his successful combat has
proved his innocence may be counted
by the hundreds.
Early in 1895 Mayne advertised in
San Francisco paper for a girl with pa
rents who would be willing to have him
adopt her. This advertisement was an
swered by Della Shipton, who was final
ly adopted by Mayne and who brought
her sister, Elsie, with her to Los An
value of his real estate, securities and
interests in great many corporations
at about $1,O00,0O0 and he placed
Della and Elsie with Mrs. Jes-
sica Wright, who conducted
private school for girls. Mayne has al
ways explained his adoption of Della
Shipton with the statement that he
wished to have an adopted daughter who
resembled his daughter by his first wife
from whom he had been divorced in
Omaha. His second wife was in San
Diego and he was having trouble with
her, and this, also, had something to do
with the adoption.
While Mayne was in San Diego, Elsie
Shipton swore to a complaint against
him, charging him with a criminal as
sault upon her alleged to have been COM
mitted at the Wright home, and on a
warrant issued by City Justice Owens on
July 81 1895, Mayne was arrested and
brought back from San Diego. Three
days later Mayne was locked up in the
county Jail here and from that time up
to yesterday he was prisoner of Los
Angeles county.
Two weeks after his incarceration he
was given a preliminary examination
and held in $4,000 bail. The information
was filed September IL, and few weeks
later he was placed on trial in the ST.
perior court. On the 18th of November
a jury in Judge Smiths court returned
verdict of guilty, and twelve days later
the court sentenced him to twenty-five
years in the state prison at San Quentin.
Mayne's attitude, all through his
struggle, has been one of apparent con-
fidence that he would ultimately be
vindicated, but he has never unbur-
dened himself fully, merely avoiding
reference to dark spots in his case with
the statement that there were political
and personal reasons back of the bitter
prosecution. He had been engaged in
several bond floating projects and some
franchise moves in the city council of
San Diego and in the San Francisco
board of supervisors, and paid agents of
his enemies, he said, were supplying the
animus and a good deal of the money to
run him to his ruin.
Probably no one but Mayne and Elsie
Shipton know the truth about the crime
charged, but Elsie's story never was
circumstantial in detail, and was denied
and admitted to be false several times.
story told by Elsie, admitted after the
trial that she had committed perjury,
and said Elsie had told her there was no
truth in the charge.
On appeal to the supreme court, the
affidavits of Mrs. Shipton, mother of the
girl, and Della, admitting that their tes-
timony at the trial was false, We're made
use of, and the conviction was set aside
on the ground that a Bible record of the
birth of the two girls should not have
been admitted in evidence. This rec
ord, written by Mrs. Shipton, was the
mainstay of the prosecution to prove
that Elsie was under the age of consent,
and the offense therefore, a technical
assault.
Mayne's trouble with his second wife
eliminated in her securing a divorce,
and he says now he will cling to Della
and take good care of her
The remittitur from the supreme courc
reached Judge Smiths court yesterday
forenoon, and Deputy District Attorney
McComas said he thought that, consid-
ering that Mrs. Shipton and Della had
admitted the falsity of their testimony,
and that Elsie had been spirited away,
1T was hopeless to attempt the convic-
tion of Mayne again. W. H. Shinn, D.
K. Trask and w. r. Bacon, who fought
Mayne's case on appeal merely nodded
Mr.. McComas moved formally that the
case be dismissed. The court said
very well; make the order, Mr.. Clerk. :"
and few moments later Mayne was re-