Los Angeles herald., 1909-07-23
briggs CASE
CLOSE TO END
ACTRESS-DAlIGHTER SWEARS
CHARNOCK SIGNED LEASE
EXECUTOR DECLARES OLD MAN
HAD NO CALLERS FEB. 27
Closing Addresses VIII Be Made to
Jury Today and Jury Probably
VIII Retire Late This
Afternoon

Mrs. Florence Thorbush, known in
theatrical circles as Flo Morrlsoli'
formerly leading woman at F1scher
theater, who left the stage TO take an
active part in the trial of her mother'
Mrs. Gertrude briggs, was the primer
pal witness in the latter's behaI IN
Judge Davis court yesterday, eorrob-
Grating the statements of Mrs. Anna
Hill that the late John j. Charnoek'
whose name is alleged to have oeeh
forged to a lease giving Mrs. DrIggs
control of 1877 acres of his laild' d.
fixed his name to the document.
The defense rested with the testl-
mony of Mrs. Thorbush, and. in rebut-
tai, the prosecution introduced tesl-
mony to show that Charnock, prior
to the date of the briggs lease, had
decided the greater portion OF ms prop
erty to relatives. including the Iand
claimed by the defendant. This step,
they said, was taken to prevent any
action on Mrs. briggs part having ioT
its purpose the possession by her OF
any part of his estate.
Testimony is Concluded
Taking of testimony was concluded
at $3.50 O'Clock and the opening argu-
nent to the jury was made by waiter
Haas, associated with w. j. FORD,
deputy district attorney, in charge OF
the prosecution. He will be followed
today by former Judge Noyes and
General Johnstone Jones Of Mrs.
briggs counsel, end Mr.. Ford will de-
liver the closing address. The case
probably will go to the jury late this
afternoon.
Mrs. Thorbush was the first witness
Yesterday. She said she saw Charnock
sign the alleged forged lease Febru-
ary 81, when she accompanied her
mother and Mrs Anna Hill to the
Charnock home.
When asked what were the relations
existing between her mother and Char
mock, Mrs. Thorbush said she believed
they were engaged to be married;
ION one occasion when visited
Mr.. Charnock with my mother she re-
mained alone with him about an hour.
When she left the house she was cry
ing, and when l asked Mr. Charnock
what had happened he said he had
been telling her about the way his rel
etives were treating him. When we
reached home my mother told me she
was engaged to marry Mr.. Charnock,
but that his relatives were interfering,
especially his niece, Lillian Charnock
Price Smead."
Flat Contradiction Made
Charles r. Smead, administrator of
the Charnock estate, who was the first
witness called in rebuttal. said he was
at the Charnock home February q
at the same hour Mrs. Bell and Mrs.
Thorbush said they had called on the
old man, and that the latter received
no visitors that day. He also denied
that Charnock was in love with Mrs.
briggs or intended to marry her.
zone day. when woman came to
the house." said Smead, "Charnock
began to humble and swear, and when
l asked him what was the matter he
who lives on the hill referring to Mrs.
briggs"
About February 1, Smead said, he
told Charnock Mrs. briggs probably
would attempt to file forged papers to
his estate and advised him to make
provisions in anticipation Of this step.
HE prepared a number of deeds,
giving his property to his heirs, and
these We're signed February 6 in the
presence of John F. Goodnow, a no
tary" said Smead He said that
would block anything the old woman
did. He never spoke of her in a kind
or affectionate way"
Alone When Death Came
''Who was with John Char
mock when he died the night of March
23?" demanded Mr.. Noyes, on cross
examination.
Nobody: he was alone when he
"And that is the kind of gentle care
he received, is it?'
Nobody said he received gentle
care" said the witness, warmly.
And didn't some of his relatives go
to his home the next morning and poke
food under the door, not knowing he
was dead?" asked Mr. NOyes.
Smead denied this.
He also was questioned concerning
his marriage to Lillian Charnock Price
three years ago and the reason why
the fact of this marriage had been
withheld from Charnock until after
the latter had decided to Mrs. Smead
more than 100000 worth of his prop
erty. Testimony along this line was
not permitted by the court.
other persons were called to testify
concerning Charnocks sentiments to-
ward Mrs. briggs, ]. G. Rhinehart, a
neighbor, stating that the old man
had, on one OCCASION told the woman
he was not q pauper when she brought
him a bowl Of soup.
Didn't Like the Soup
George Charnock, a brother OF the
deceased, said he was at his brothers
home on one occasion when Mrs. briggs
called.
"She did not come into the house,
but left a pitcher of soup on a bench
on the porch. I told my brother about
1t and he said: Throw it out; she
brought me soup once before and 1t
made me sick. Throw it out and let
the cats eat it.
"I threw it out" said the witness,
land the cats got it. l believe 1t
made them sick"
T. M. Stackus, an intimate friend Of
Charnock, said the latter told him
Mrs. briggs was a "reprobate" and
that she was trying to get his prop
erty.
CORPORATION TAX GOOD,