Los Angeles Herald from Los Angeles, California • Page 9

MAYNE CONVICTED OF RAPE A Jury Declares That He bauched Elsie Shipton DEFENDANT'S WEAK STORY Only a General Denial of the Allega. gations Against Him Trial of Another Rape Fiend Commenced-A Busy Day In the Divorce Line, tiencral Court Notes jgThs trial of Clifton K. Mayne, ebaigad with rnpo on the person ol Elsie Shipton, came to a close yesto-day. As has been the caso since ths opening of the caso, tho court room was crowded and the proceedings were followed with the closest attention. When the case was called Mayne took the eland in his own behalf.

Mayne took his situation very coolly, and in answer to guarded questions by his leading counsel, Mr. Copeland, gave a brief outlino of his lite. Mayne told where ho was born, his early business experiences, as well as bis enreer in Omaha. He told about his lirst and second marriages, wbich he said were unhappy, and then went on to any that bis object in adopting Delia Shipton was to get a girl about tbe age of his own daughter to take her place. Ho denied that ho had any intention of adopting simply btongnt her along as company lor Delia.

Mayne denied that he had at any time ever had criminal intercourse with islsie Shipton, nnd stated that his relations with the Wrights had always been of tho most cordial nature until lie went to Sun Diego, when thoy wrote to bim for money, and nfter that ull he over hoard tbem was in reference to money he owed tbem until hu was arrested. As to the name Luftus, he used it on nccount of property matters with his wife, but he told Mrs. Shipton and tbo girls that this was not his name. To the surprise of the audience, Mayne was not cross-examined, not being asked single question. At this point the dofnnso rested, and F.

A. a former employee of Wayne's, and Klsie eSbipton were put on by tbe poople in rebuttal. This closed tho testimony and a recess was taken. At the afternoon session Depot; District Attorney McUomas opened the argumeet for the prosecution. Jlu waa followed by Mr.

Copeland for the defense, who mads an Ingenious plea for hia clipnt, and Assistant District Attorney Gsorge 51. Holton closed for the prosecution. Judge Smith then charged the jury, the reading of the instructions consuming uhoul twenty minutes time, and at 5 oclock the jury retired to deliberate, taking with them the Bible and certitiouto of birth filed as exhibits in the caee. At 8 oclock nothing had been heard from the jury as it wna thought that a verdict would be reached very quickly one wav or the other, talk of a disagreement began to eircdlate nbout 'he court room. Smith, however, included to wait, nnd half an hour later tiie jury came into tne loom with a veidict of guilty as charged.

Mayne wns greatly broken up over the vordbt, as Ihe worst ho looked for was a disagreement, in view of tho ingenious 'argument made by Mr. Copeland. The result would indicate, howeyer, that doubts that may have been raised by Mr. Copeland were set at rest in tho closing argument by Mr. Holton.

United States District Court In the United States district court yesterday, beforo Judge Wellborn. Pearl Bartbolomoiv, the Summerland postoffice robber, ontered his plea of guilty, and was let off with one year's imprisonment in jail. Newton Brown and Alfred Hacker, charged with cutting timber on government land in Fresno county, yesterday pleaded not guilty. Tbey will be tried December Bth. The attorneys for the Wlllardt, recently convicted ot using the mails for the imposes of fraud in the Beauty "Wonder conspiracy, yesterday argued a motion for un arrest of judgment beforo Judge Wellborn in ibe United States district court, in consequence of which sentence was deferred.

Divorce Business Mrs. Francisco Fertero was yesterday granted a divorce by Judge Shaw, divorcing her from her bususnd, on tbe grounu of extreme cruelty. Mra. Ferrero, through an interpreter, told a pitiful story of the ill treatment to whicb sho had been subjected. The divorce suit of Mrs.

A. Bedwell vs. J. F. lledwell was before Judge Van Dyke yesterday on an order to show cause why the futner should not turn over the custody of the children to the mother.

After hearing Ihe facts the Judgo ordered the children committed to the caro of tbe Boys' and Girls Aid society, both parents to have the privilege of seeing them at ull reasonable times. The divorce suit of Katie Tiaoant vs. Ernest Trahant, on ths ground of cruelty, came up before Judge Van Dyke yesterday, when the pleadings were read and too heairng continued until today. The divorce case of McGreen vs. Mo- Green was before Van Dyke again yesterday on un order to show cause why the alimony order lias not bean paid.

The matter was partially beanl and continued. Against (ientral Hurray The opinion of the supreme court in the caso of Frsderick N. Panly, receiver of the California National bank of San Diego, respondent, vs. Eli 11. Murray, appellant, wns received at the office of Ihe clerk in this city for filing yesterday.

Tbe opinion is written by Commissioner Van Clieff.concurred in by Commissioners Searles anil Belcher and affirmed by listless Harrison, Oarroulte and Van Fleet. The decision cf the lower court in giving judgment against General Murray surety on a promissory note for made by Hugh Bums, is affirmed. The Davis Damage Suit The trial of the damage suit of Mrs Davis against tho Southern California Railway company, winch has been before Judge McKinley for several days past, continued yesterday afternoon. Tbe feature of the proceedings was tbo introduction of expert testimony, Drs. Lasher, Wills and N.

H. Morrison being oji the stt nd. The doctors testiliod as to various heart troubles and their causes, using papier macho reproductions to illustrate what thoy meant. The case was tried once before in Judge McKinley's court aud the plaintiff waa awarded IfiSOOO damages, but a now trial was granted. Charged With a Heinous Offense The trial of John llarraty, a man past middle life.was commoneel yesterday bofore Judge York and a jury on charge of assault to commit raoe on the person of Pauline Brown, an 8-year-old The defendant! is a carpenter and was at work on a house next, door when it is allege! he enticed the child into the housa and uttampted to outrage l.cr.

The father and mother of the child testified as to tbe LOS ANGELES TUESDAY MORjNTXG. XOVEMBEE 12, 1895 occurrence ana also Police Officer Leverinh. The little girl waa then put on the stand, but the child wns too frightened to teli her story and Judge York continued tbe bearing until today. The Orand Jury The grand jury found several indictments yesterday which they desired to return before Judge Smith. They got as far as the court room door, but argument was in progress in the Mayne rape case, and Judge Smith declined" to permit an interruption.

They nre supposed to be for perjury committed in the recent trial of Mace Mayes, the Antelope valley cattle thief just convicted of grand larceny. (leaeral Court Notes The First Methodist Episcopal church of Downey has tiled an application with tbe county clerk to lm allowea to mortgage the chjrch property in tnat place for John A. Sobrion, as administrator of tho estute of John 10. Kberle, deceased, has brought suit in equity against Francis X. Kberle to determine the rights in a certain insurance policy of the Manhattan Life Insurance company.

Robert Dickson has sued George ami J. 11. Brad beer to recover $051), with interest, on a promissory note. No business aside from the hearing of motions was transacted by Judyo Clark yesterday. Judge McKinlcv yesterday continued ibe sentence of Mace convicted of grand larceny, for one week.

James Cannon was yesterdny examined as to bia mental condition usfore Judge York, and was discharged. The case of the people vs. J. 11. Mo- Kenizie was yestorday dismissed by Judge York.

In the case of Hughes vs. De Souchet, a dispute over a certain building contract, Judge Snaw yesterday nave judgment for plaintiff on all points, hut allowed defendants until January 1 to comply with the requirements. Judge Smith yesterday continued the cases of K. Lowry and Sam A.Garrett, charged with Novumber -ltt to plead. Roman Ybarra yesterday entered bis plea of not guilty to the charge of assault with a deadly weapon, and the case went on call calendar.

Busby, the negro who killed two men by means of bottle of poisoned wine which lie had doctored lor an enemy, und which was drunk by tbe two men, yesterdny entered his ploa of not guilty, and his trill was set for Novenihtr 20tb. Judge Smith yesterday reduced tho boil of J. T. K. Johns, charged with incest, tn $500, and set bis trial for December Btb.

Hubert Taylor yesterday pleaded guilty to oetty larceny In the township Justice's court. The bay stole (til boxes of apples from an orchard at Vernon. 0. 0. Ford yesterday tiled a.

complaint against Mrs. Sarah li. Manara, a widow, and David Liddell, prayitw that the amount due bim on a certain DOllding contract may be ascertained and iie re QOTaX judgment for the same, RUPTURE To tbe people who are suffering from rupture. Professor Jisepii Faudry, formerly of Berlin, German, now ol Santa a practical rupture specialist und truss manufacturer. Information free whereDy you can be cured.

Tbose having tried all kinds of patent trusses and found no relief, also have given up nil those people lam calling their attention, and especially ask them to send me tbeir addresses. Ol Interest to Parents When your hays and girls ars grown up those lots The Herald is giving away to ell subscriber-: may be worth $1000 eneb. Why not secure one ur more and have the deed made cut in ihe name of your prospective heir? If you are taking The Herald subscribe for another copy, send it to some eastern friend or relative anil bave ibo town lot which oumes wun it deeded to some mem bar AS TO A FOUR YEAR TENURE The Supreme Court Will Have to Pass on It COUNTY OFFICIALS NERVOUS Think They Can Hold Over Even Under an Invalid Statute But the Consensus of Local Lerra! Opinion Is That They Err-How the Could Be Tested The public servants who are now holding official position In the county court house are making, in some instances, nn open boast that they are there to stay for ono term of four yenrs. They are nil willing to admit that the law under whicb the tenure of the county ollicers in Los Angeles county waa changed by the last legislature from two years to four years is utieonstituti msl. lint they claim thut there is no legal avenue by which tho direot issue ns to the constitutionality of the tenure of oflice act can be carried to the supreme court of the slate for final adjudication in time foi tho legal preliminaries, tbat are essential to a legal election to be gone through with, in tho event that the supreme court should hold that tbe four-year term provision was unconstitutional.

This being the case they assert that even it the four-year term was knocked out tuay would bold over until January 1899, because ot tno fact that their successors could not he elected in 1890, an'l that therefore, noundy could qualify to succeed them in in nary. 18U7. The great question involved is the clause ot the county government not as to tho term of otlioe of certain officials in certain counties. Tho clause is not applied hy the statute to every county In the state. It extends the terms of certain offices in all cuunties save Fresno, San Francisco and several others.

It is not what is general legislation. It is what is called special class legislation in that it applies only to certain counties iv the state and not to all. Tne legislature is a general body elected from tbo entire statu, lime and again has the supreme ootirt held that this body lias not tbo constitutional power to enact laws that we.o not gem-rat in their application The supreme court bus just held in the Fife haneas corpus case that the clause of the Whitney act providing for summary trial in certain in the police courts in cities having over 80,000 anil under 100,000 population is invalid for the reason that it is special legislation. It applies only to Los Angeles and to Oakland anil is therefore not general legislation. The supreme oourt in this case has said: "The legislature might provide by a general law for tbe summary ttial without jury of persons charged with said offense (vagrancy) hut we agree with the Les Angeles superior court sitting in burnt that there is no valid statutory provision for saoh a trial without a jury." In this county it will be seen that the superior court nas also passed upon this point of special legislation.

There will he another case from county which the supreme court will pass upon soon which also involves ttis question of special legislation. It is tha case of Theodure Summerland, county ssseisor. The last, legislature took away all the fees attaching to Mr. Hum mcrlnnd'a otlice. The law effecting it.in was not made applicable to every cojnty in the state bnt it directly specified tiiia county.

Now Mr. Summerland claims his lees on ttio ground that the act of tbe legislature cutting them oft is unconstitutional, as it is special legislation. Mr. Summerlund will hold his oliice for four years though, because the legislature has enacted that every county assessor In the state snail have that ten inc. That is general legislation.

But when the gentlemen who are now in the fat position! in the court notiso Hatter themselves that they nre secure In a fcur-year tenure on their "snap" the consensus of opinion among the members of the local bar is that they erf. Yesterday several county officers wero questioned and gave it out that they did not care whether the lout-year tenure was constitiuional or unconstitutional. They said thut as far as they were concerned it would not affect them. They wero going to hold four years anyway, for there was no way by which the matter co.lid b-i carried to tiie supreme court to tin tested ill time to hold an eleeitun in to select their Bticcessars. Then they said they would hold over for two yea because of the fact thnt their successors had not been duly elected and qualified.

"This would indeed he a remarkable condition affairs," said one prominent lawyer last evening, "if tim conclusion some of the county officials have arrived at were to hold good. My opinion is thnt it certainly would not. Tho matter ns to whether the four-year tenure clause is constitutional or not, and it unquestionably is not, can he very easily carried to the supreme court by nianuamusing tne supervisors. It is their duty to issue within a specified number of days rrior to the election a proclamation calling it and Specifying ttie official positions to be bnllutetl fo: the, lime comes to issue tills proclamation, if the supervisors fail to include all ol the otficera to he balloted for, a taxpayer ear. ask for a writ of man- date lo compel them to.

Then the whole question as to tbo constitutionality of tne tenure of oilice clause could be passed "But suppose alter this procedure has been adopted, and the supreme court hail decided that the four-year tenure clause was unoonstilutinal and therefore void, that thera was not time left to go through witn the legal preliminaries required by law to consul ute a pnrt of a legs) election the present ollicers hold over?" was askod. "Certainly not. The failure of tbo supervisors to proclaim an election would not and could not defeat tba election. That would he a line tiling, would it not? The supreme court would, if it were necessary, specify time fo- a special election. liut all this can be Let the supervisors issue their proc.u main in time, so that all the points involved can be passed on hy the supreme court in time to include in the lection proolaniatli of (his county for 1890 all of the ollicers that aro to bo ami should be voteu for under the law interpreted by the coutt.

"My experience is that no men or set of men profited by attempting to perpetuate themselves in oitlco violation to tho constitution and in defiance of sound principles of law. Lst there be four-year hut lirst let the statute by constiutional enacttnent create tbem." Some eiliht oi len members of the local bar were seen and they all agretu that the county officers who built on a fouryear because they thought tile question involved could not be pussed Upon in time lor 'he elec tion of November, 1896, were building on a foundation of sand. This being the case, tbere will bo wailing nnd woo at tue court house for many days lo come. A Child Enjoys The pleasant flavor, gentle aclion and sootblng effects of'Syrnp of Figs, when in need of a laxative, and if the father or mother ha costive or bilious, tho most gratifying results follow its use; so that it is Ihe lest family remedy known, nad i every family should bottle in hand, When order! Cocoa an Chocolates ba f-'iro cut! lor Huyler's. Tiny uave Q0 9 I Are You a Land Owner? Some Information for You Are you talcing The Herald? If you are not you A Word had better subscribe for it at once and get a lot 100x25 feet free.

Consider the great possibilities in a lot any- AbOUt the Land where in Southern California. Any one can see that the As every one know, Lancaster is a comparatively time is approaching-perhaps ten years oil-when every Free to every new subscriber of The Herald, the best newspaper iii i new tOWIli located in the ttnter of Valleyi along available foot of land will be utilized. When that time California. It is the People's Paper. the line of the Southern Pacific Railroad, 75 miles north ii occurs the results will be plain.

Lots in Lancaster will be Of Los Angeles, in Los Angeles county. It Is new for the i. reason that up until a few years ago water was supposed valuable, as they must grow to be, to those who hold on n. to exist only in the mountains, and that it would require N. ar sums t0 water ne for irrigation If you do not care for a lot yourself, think of your flJl purposes.

But this theory has been exploded during the ii, boy or girl or some Eastern friend and make them a UU P3st thS b) SWktog only 1 tcet. 1 hese wells are now to be found every- cTS present. There is none can equal it. £jR 4 where, pouring up the clearest of pure water, and -vegcta- Just so surely as the sun shines these lots will be, 1." 1 ir JJ Tl tion of all descriptions is springing into sight. Activity is worth $500 each inside of the next five years.

I Uj apparent in all directions. New settlements are being made throughout the valley, and in a few years more the In making up your mmd about the matter you should 1 vi i TOP MV -j entire region of which Lancaster is the center, will be fjie not delay in making an early selection, as already several most populous and thriving part of Los Angeles coutfty. hundred have been taken and they are going at the of Hj Where the town is situated, and where The HERALD lots til I gH are laid out, the land is level as a floor. They are easily 7 1 IwliitXw II II worth from $50 to SlOO. Th; town of Lancaster is a 75 IO 100 a Day thriving town of 250 or 300 inhabitants, and will, within 1 a ears row nCh prominence.

The surrounding country is receiving an influx of settlers who en nomes anc hnprove the land in the best possible 1 Remember the manner- The character of the products grown in this re. on indicates most clearly that a very large population Conditions ca and Nvill be sustained in Antelope Valley, with Lan- SS' .11, caster as its center. Mail subscribers can have the same Every yearly subscriber paying six months (U 80) Pe ple Cannot a rd as the lots are going who live in the city. The price of ffl off at a very rapid gait. They will soon be gone.

the Herald is as follows advance and for notary fees gets one of these choice Read what the papers say about the land. Talk to those who lots free, ihey are simple conditions and within the have been to see the land. This conveys the proper idea of its value. reach of all, and those who do not avail themselves of the There is 110 disguising the fact that it is the biggest offer a newspaper ctTY-Dmlly, on ear, by carrier 2va ever niac the public mon 53 greatest opportunity of the age will regret it. Lancaster will graw to be a big town.

It will have two railroads IK Plats are on file in this office, showing where this Soo n. It is the only place for a town between Los Angeles and bk one j.oj town is located. Bakersfield. Ask any of Antelope Valley If he does not consider Lancaster has the brightest prospects ot any Address If A Bradbury Block rotvn in Southern Calitornia. Plats are on file in this office showing where the town is located ji.

mJp Los Angeles When Others Fail Eminent Specialists 241 S. Main Los Angeles, California Medical and Surgical Institute The oldest Institute on this coast. tnblisheJ years. PRIVATE DISE ASES and WEAKNESS OF MEN' A SPECIALTY. To show our honesty and ability, we ere willing to wait for our fee until cured.

A successful rooord of nine years in Los Angeles. CATARaIf. a spjcialtv. We cure tbe worst OSses In 00 to 90 days. Special surgeon from St.

Louis Dispcmary in constant attendance. Examinations by microscope, stethoscope nnd chemical analysis. FREE TO EVERYBODY. The poor treated free from Jto 5 Mondays. Our long experience enables us to cure the worst eases secret or private diseases In the shortest time.

NO MATTER WHAT YOUR TROUBLE It), come aod see ur. You will never regret it, CURES GUARANTEED for wasting drains, undeveloped organs and lost vitality. 5 Absolutely for the 1 Cost of the Medicine C. J. SCHULTZ, I The Eminent PI te I European Specialist, Makes most gsneroii3 offer to the afflicted, to treat all special, private and chronic diseases of both sesf until cured Va ABSOLUTELY THE COST OF THE MEDICINE.

my new process with medicated vapors, 5, WITHOUT EXTRA. CHARGE. Catarrh, Throat, Lung anci Liver Diseases, Private Ds- tf) eases, Gonorrhoea, Gleet, Stricture. Fun culitis, Varicocele, Hydrocele, Syphilis in all varied forms. MSK.IN DISEASES from all impurities of the blocd, causing Eg eruptions, pimples, blotches, Diseases of the Nervous HJ A System, such as Seminal Weakness, Loss is, Loss of f'J mm Sexual Powe-, Sexual Debility.

Indigestion, leading to Softening of the Brain and Insanity. SPECIAL ATTENTION givei to all Chronic Inflamma- Irregularities in Diseiscr. of Women, Kidney, Bladder and all Wasting Disuses of tiie Human System per- S3 manently cured in a short time. Two thousand dollars in gold for any case undertaken that I cannot curs. SANITARIUM 120 North Ham Street, New Hellman Block jj 50 Times a y3ar comes tbo inevitable wee 1 clothea washing.

1,000 Times a year comes tbe perpetual tri-daily dish washing. No help for tbe weary washer, until Pacific Coast Borax Co. lends its 20-Mule Death Valley Borax Team, to make this heavy work light and easy, BORAXAID, their New Washing Powder, is just tha right combination of Soap and Borax to soften water, loosen dirt, heal the hands' and eavo tho clothing. Fof i ualo everywhere..