The New York herald., 1921-09-29
ARbUCKLE is FREED
AS SAYERlBUT HELD
FOR MANSLAUGHTER
Released on Own Recognize
ance When Court Holds
States Case Fails.
WOMEN RUSH TO HIM
Wife Collapses While They
Crowd Around to Grasp
Comedians Hand.
WOMEN RUSH TO HIM
$4,000 CASH BAIL PUT UP
Bond Furnished to Cover
Charge in Indictment-Pros-
ecution Weak, Says Judge.

SAN FRANCISCO Sept. 2S.-The murder
complaint against Roscoe c. ("Fatty")
Arbuckle was reduced to manslaughter
to-day by Police Judge Sylvan j.
Lazarus. who held Arbuckle to answer
to the Superior Court for trial on the
lesser charge growing out of the death
OF Virginia Rappe following a party in
Arbuckles hotel suite here. Arbuckle
then was released on his own recog-
nizance.
Judge Lazarus held that the evil
dence introduced by the District At
torney during the six day hearing did
not warrant the comedians being held
for murder.
Il have decided to make holding
for granddaughter, finding there Is
enough in the defendants conduct to
warrant his trial on that charge" said
Judge Lazarus.
Il feel no assault or attempted as
sault was committed by the defendant
on Miss Rappe," he said. Il feel also
bound by the Grand Jury whose in
dictment for manslaughter was voted
after having more evidence than ]
was permitted to hear"
Arbuckle heard the decision without
movement or comment
The District Attorney moved that Ar
buckle be released on his own recogniz-
ance In view OF the bail OF $1,000 cash
or $4,000 bonds fixed in the Superior
Court charge OF manslaughter. growing
out of Grand Jury indictment.
His old Smile II Missing.
As court adjourned a dozen women
rushed forward to shake Arbuckle's
hand. AS he went into the judges cham
bers his wife. Mrs. Minta Durfee Ar
buckle. collapsed. and he held her UP
and quieted her in an affectionate man
ner. Her mother. Mrs. Flora Durfee.
meanwhile srnoothed the hair back from
the comedians forehead.
The well known ArbuclSle smile did
not appear. however. and he merely said
Thank you" in response to the hand
shakes and greetings of "Congratula-
tions. Roscoe
Assistant District Attorney Milton T.
U'ren and Isadore Golden asked Judge
Lazarus IL he placed no credence in Miss
Rappes cries HE hurt mel" or the
screams heard by the hotel maid. but
the Judge said they were not sufficient
to implicate .Lbuckle in the commission
OF a crime" The District Attorneys
aids also con.epded that the court either
could hold the defendant to answer for
murder or dismiss the case altogether.
but Judge Lazarus said that was not
his understanding Of the law.
When the hearing was resumed to
day Judge Lazarus began discussion
OF the case.
I'VE need not disguise the fact that
this is an important case" ne said.
In my ooinion we are not trying Ros-
coe Arbuckle alone. the screen celebrity
who has given mirth to the whole world.
We are. In a sense. trying ourselves,
our morals, our present-day social
standards. The question is larger than
the guilt of this unfortunate. it Is a
universal issue.
THE affair was the elimination of an
orgy at one of our leading hosteiries-
an orgy unrepressed by the manage
ment and I take 1t. common thing
in our big cities.
wanted All Facts Barred.
ct had really hoped that this court
would be the avenue for full and COM
plete revelation OF all the facts. so the
public OF the entire world would have
the opportunity to ascertain this widely
known defendants guilt or innocence.
"The testimony shows that during the
whole afternoon there went on, let us
charitably say. festivities. Men and
women we're coming and going. SO that
witnesses are unable to say who we're
the occupants at any particular hour
Much liquor was drunk and the COM
planning witness In particular was in an
inebriated condition.
Miss Rape. according TO the picture
have tried to draw OF the event went
into room 1919 of this hotel, followed.
without previous conversation. by the
defendant
They remained in there about three
quarters Of an hour. according TO Miss
Prevost's testimony. No sounds were
heard BY the rest OF the party.
Then the complaining witness and
Miss Provost made clamor at the door,
which was opened by the defendant. and
these two ladies entered the room.
"They found Miss Rappe lying on a
bed. fully clothed. and apparently In
agony. She was clutching at her cloth
ing. and with the assistance Of her
women companions she was completely
disrobed. thought some Of the torn
garments might bear on the point at
issue. but from the prosecutions own
witnesses It appears they must have
been torn In being removed"
Assistant District Attorney Issdore
Golden interrupted with the assertion
that the evidence showed one Of the
garments must have been torn off.
The Judge said he could not see any
Significance In certain other testimony
introduced by the prosecution.
Evidence has been given regarding
alleged rlbaid conduct OF the defendant
regarding the use OF ice. but II had no
connection with any possible injuries re-
cslved by the deceased. although 1t was
a regrettable incident.
photographs OF bruises on Miss
Rappes body we're introduced, but DR..
-
Continued on Ninth Pogo.