Los Angeles herald., 1909-07-21
NEW TURN IN
DRIGGS CASE
STORY OF ATTEMPT TO STOP
FELONY TRIAL TOLD
FORMER JUDGE MOVES CHARGED
WITH NEGOTIATIONS
Ackerman's Testimony Undergoes a
Change, and Experts Swear That
Signature to Lease Was
Not charnock's

Testimony showing complete change
when compared with that given during
the preliminary stages of the proceed
ingS several weeks ago; assertions that
an effort had been made to buy off the
prosecution, and the positive declara-
tion of handWrighting experts that
John j. Charnock did not affiX his sig
nature to the lease and option to pur-
chase a large portion of his ranch
property, were some of the incidents
in the trial in Judge Davis court yes
terday in which Mrs. Gertrude briggs
is defending herself against the charge
Of uttering false lease.
Attorney Charles NJ. ACkeTman, who
placed his notarial certificate on the
lease after Mrs. briggs swore that the
signature on the document was written
by Charnock's hand nearly two weeks
before the latter's death, March 20, was
again the star witness of the day. con-
tradicting testimony given by him at
the preliminary examination in Justice
Ling's court, where he stated that
Charnock had personally acknowledged
his signature.
Saw Charnock Only Once
In his examination yesterday Acker-
man stated that he had seen Charnock
once only, about March 10; that he
was accompanied to the old mans
home at Chavez station by Mrs. briggs,
her daughter, Florence Morrison, and
another woman whose name he did not
know, and that he had never discussed
with Charnock the signing of the lease
or the provisions of the instrument.
He explained his reason for misstat-
ing the facts in the former proceedings
by saying he was then acting as attor-
ney for Mrs. briggs, and believed a
scheme was on foot to deprive her of
her legal rights.
n1 e,niI ln wit
learned that ]. S. Noyes, who is now
acting as one of Mrs. briggs attor-
neys, called upon Walter Haas, attor-
ney for the Charnock estate, and Of
fered to give up the lease if $4,000 was
paid to his client and the criminal
charge against her dropped"
Haas Corroborates Ackerman
Attorney Haas, in an interview later
in the day, stated that Ackerman's S
story was practically true, and that two
persons, one of whom was former
Judge Noyes, had approached him
with a suggestion that matters be set
tied out of court and had stated his be-
lief that the payment of $4,000 and the
dropping of the criminal proceedings
might bring this settlement about.
Attorney Ackerman, in closing his
testimony, said he had no reason to
suspect the genuineness of the sigma
ture purportlng TO be tnat OF Cnarnoch
until he learned that the district attor-
ney's Office was making an investiga-
ton into the affair at the instance OF
Charles R. Smead, executor of the
Charnock estate.
Mr.. Smead was a witness yesterday,
corroborating Ackerman's testimony
regarding the latter's visit to the Char
mock home March IL or 13.
A portion of the rear wall of the
court room was covered with large pho
tographic reproductions of bank checks
bearing Charnock's sitnature when the
first witness was called to testify as to
contrasts between this writing and that
at the foot of the alleged false lease.
Above these checks photograph of
the doubted signature as it appears on
the lease was placed.
Banker Denies Signature
Archibald C. Way, cashier of the
First National bank, where Charnock
transacted the greater portion of his
business, stated his belief that the old
man did not affix his name to the lease,
and pointed out the discrepancies by
which he reached this conclusion.
L. l..ws tR,r WNsN