Bisbee daily review., 1921-09-16
MAY DIS N | SIS
MURDER CHARGE
AGAINST FATTY
Prosecution Undecided as to
First Accusation; Action
Delayed Over Night
PROMISES EARLY TRIAL
Comedian is Refused Liberty
On Bail Pending Result
Of Grand Jury Report
PROMISES EARLY TRIAL

SAN FRANCISCO, Sept. Is. = DIS
trict Attorney Brady announced to-
night that no decision had yet been
reached whether to proceed against
Roscoe ("Fatty'D Arbuckle tomorrow
in police court on the murder charge
preferred against him, or to ask for
dismissal of this in view of the grand
jury indictment against Arbuckle for
manslaugnter.
The decision will be. made tomor-
row morning, Brady said. His state
ment was made after a conference
with his deputies and with Chief of
Police O'Brien and Captain of Detec'
tives Matheson.
Brady declared that Arbuckle
would be given as speedy trial as
possible, and that the trial would be-
gin as soon as il could be arranged.
"It will be pressed vigorously
whichever charge we try him on, muir
der or manslaughter." he said.
Tomorrow's appearance before Po-
lice Judge Sylvan Lazarus is to COM
plete the arraignment begun Monday
on the murder charge preferred by
Mrs. Bambina Maude belmont, a mem
suite, charging the film comedian
with the death of Miss Virginia
Rappe.
May Take Testimony
The procedure calls for informing
Arbuckle of his legal rights and the
taking of such testimony as the po-
lice judge wishes to hear in making
his decision, whether to bind the de-
fendant over to the superior court for
trial.
Dispositions of Lowell Sherman and
Frederick F'ishback, of Los Angeles.
giving their versions of the party in
Arbuckle rooms. were received to-
day by Brady. butAhe declined to give
out their contents, saying he had not
had opportunity to read them.
Mrs. w. B. Hamilton, chairman of
a special committee of 19 from the
Woman's Vigilante committee, and
Mrs. Robert Fl. Dean, another commit
tee members, visited Brady today TO
lend what assistance they could offer
in conducting the case. They were
told that their presence at the va
rious hearings would be welcome, but
that they probably would be challeng
ed by the defense if they were called
as jurors.
Another telegram from Henry Lerr-
man of New York, friend of Miss
Rape. was received today by the dis
trict attorney. 1t read:
Brady Comme nded
wish to thank you again for your
righteous, strong and skillful manner
in which you are handling the defense
of Virginia Rappe. Your determina-
tion to have justice is widely COM
mended around here. You will earn
gratitude and admiration of millions
of people who are following this tragic
case. They are lining up here at
newspaper offices for latest editions.
Have communicated with Halsted
tthe undertaker). and am wiring him
money today. Wired to Mrs. Del
mont $50 as newspapers claimed she
is without funds. Respectfully.
HENRY LEHRMAN."
county grand jury indictment
charging Arbuckle with manslaughter
in connection with the death OF Miss
Virginia Rape. motion picture ac-
tress. after she had attended a party
in his rooms at the st. Francis hotel,
was returned to presiding Judge Shor-
tall Of the superior court, today. The
indictment was voted on the early
morning of September IA
Bail was set at $1,000 cash or $10,-
900 bonds and the case assigned to
the court of Superior Judge Harold
Lauderback in the Hall of Justice.
Arbuckle was not in court.
District Attorney Mathew Brady ex-
plainedt hat Arbuckle would not be
admitted to bail until the two muir
der charges against him are disposed
OF.
Arbuckle's first appearance in the
trial court was set for Saturday morn
ing. At that time, he will be arraign-
ed and If he desires to waive a con-
tiuuation he may Dlead To the charge.