Los Angeles herald., 1909-08-15
MRS. briggs IS
GIVEN SENTENCE
WEEPS AS FIVE-YEAR TERM
IS IMPOSED
AGED WOMAN WILL CONTINUE
FIGHT FOR FREEDOM
Attorney Paul Schenck Appears In
Case and Asks for New Trial, but
Court Refuses and Passes
Judgment

Five years In San Quentin penlten-
tiary was the sentence imposed by
Judge Davis of the criminal court yes
terday in the case of Mrs. Gertrude
briggs. convicted three weeks ago
on charge of uttering forged lease
to property belonging to the late John
j. Charnock of Palms.
The sentence was pronounced after
Paul Schenck, Mrs. briggs attorney
had spent more than two hours in an
argument for a new trial. His mo-
tion, based on numerous technical law
points, errors in the courts instruc-
tions to the jury, and the fact that
the defendant had not been sentenced
within ten days after the jury returned
It's verdict-a requirement. he claimed.
under q recently enacted law-was
overruled,
Throughout the proceedings Mrs.
briggs sat in nervous apprehension
regarding the outcome of her attor-
ney's efforts. Seated by her side was
Mrs. Florence Thorbush, her daughter
who held the hand of her mother in
a loving clasp, while she spoke words
of comfort, assuring her that even
should the court deny Attorney
Schencks application for a retrial the
fight was not lost and would be car
ried to a higher court.
AS Mrs. briggs whose years have
stood up to hear Judge Davis final
remarks, her nervousness increased,
and her hand triembled so much that
It was with difficulty she could raise
to her lips the glass of water given
her by her attorney.
Court Makes Brief Introduction
The customary prelude of the court
attending the passing of sentence was
exceptionally brief.
"There is no pleasure" said Judge
Davis. Associated with sending any
individual to prison, and the duty is
especially repugnant In the case of
woman of mature years. But you have
been convicted of a serious fault |
have no desire to hold you up to public
ridicule or read to you a moral lec-
ture. / know what my own feelings
are at this time and have a full ap-
probation of what yours must be-"
In spite of the circumstances sur
rounding the crime of which Mrs.
briggs was convicted. sympathy was
generally expressed in the court room
on account of her age when Judge
Davis announced the sentence Of five
years Mrs. briggs resumed her seat
beside her daughter, the two women
weeping quietly. while Attorney
Schenck notified the court he would
appeal from the decision. His appli-
cation for a writ of probable cause, to
be used ms the basis for an appeal was
continued for hearing until $50 o'clock
Monday, Judge Davis assuring the at
torney that no order committing Mrs.
briggs to the penitentiary would be
made until the matter is disposed of.
Case Bitterly Fought
The charge on which Mrs. briggs was
convicted was that of forging lease
TO 1877 acres OF land belonging to John
CharnOpIx in March thn rnnSi6pr1-
ton, according to the instrument, be-
ing her kindness to the old man at
time his relatives are said to have
left him to care for himself as best he
could.
The case was bitterly fought from
the first and conviction was only made
probable after c. A. Alderman, Mrs.
briggs first attorney was compelled.
through fear of prosecution. to testify
against the woman in the superior
court, his statements there being in
direct conflict with his testimony at
the preliminary examination.
This fact was made the most by the |
defense during the trial and especially !
in yesterdays proceedings, Attorney
Schneck using ii as one of the grounds |
why new trial should be allowed |
claiming Ackerman's testimony should !
have been ruled out bv the court be- |
cause of the confidential relations be- |
tween attorney and client
Besides Ackerman, Mrs. briggs has
had employed in her fight for freedom |
n number of other attorneys, r. c. |
Noleman and A. A. Sturges being re-
tanned after Ackermans discharge; |
then Mr.. Noleman, former Judge c. ]. !
Noyes and Gen. Johnstone Jones, who
were dismissed after her conviction, |
and finally Mr.. Schenck, who appeared |
for the purpose of landing yesterdays |
proceedings. The prosecution was con-
Quoted by w. J, Ford, deputy district |
attorney. assisted by Walter Haas, at
torney for the Charnock estate.