Every evening, Wilmington daily commercial., 1921-09-29

wished 10 avoid furnishing the defense |
attorneys with a transcript of the |
evidence before the grand jury
District Attorney Raps Judge.
The district attorney, In a long |
statement. last night, said that Judge |
Lazarus had accorded Arhuckle's case |
unusual treatment and charged that |
IF Roscoe Arbuckle were unknown |
and unimportant. he would have been |
held for murder and treated precisely |
she same as We're other defendants of
1srepute.'
Judge Lazarus, in his decision yes
terday, held that the evidence intro
duccd by the district attorney during
the six-day hearing, did not warrant
the comedians being held for murder,
Miss Rapre, Los Angeles motion
picture actress, died September 3. four
days after the affair in Arbuckles
rooms.
Lesser Charge Justified.
II have decided TO make holding
for manslaughter, finding there is
enough in the defendants conduct to
warrant mis- trial on that charge"
said Judge Lazarus.
II feel no criminal assault or at
tempted assault was committed by
the defendant on Miss Rappe," he
said Il also feel bound by the grand
Jury. whose indictment for man
slaughter was voted after having
more evidence than l was permitted
TO hear"
Arbuckle heard the decision without
movement or comment
As court adjourned a dozen women
rushed forward to shake Arbuckle's
hand. AS he went into the judges
chamber, his wife. Mrs. Minta Durfee
Arbuckle collapsed, and he held her up
and quietcd her in an affectionate
manner. Her mother, Mrs. Flora
Durfee, meanwhile smoothed the hair
back from the comedians forehead.
The well-known Arbuckles smile did
not appear. however, and he merely
said thank you" IN response to the
handshakes and greetings of con
gratulations, Roscoe" from various
people.
Assistant District Attorney Milton
T. URen and Isadore Golden asked
Judge Lazarus IL he placed nc Gre
dence on Miss Rappe's cries "he hurt
me" or the screams heard by the hotel
maid. but the court said they "were
not sufficient TO implicate Arbucllle in
the commission of crime" The dis
trict attorneys aids also contended
that the court could only either hold
the defendant TO answer for murder
or dismiss the case altogether, but
Judge Lazarus said that was not his
understanding of the law.
Judge Explains Ruling
when the hearing was resumed
yesterday Judge Lazarus began a dis
cussion of the case.
I'VE need not disguise the fact that
this is an important case. In my opin-
ion we are not trying Roscoe Arbuckle
alone, the screen celebrity who has
given nirth TO the whole world. We
are. in a sense, trying ourselves, our
morals, our present-dsy social STAN
dards. The question is larger than the
guilt OF this unfortunate, II is uni
versal issue.
"The affair was the elimination of
an orgy at one of cur leading hostel
ries An orgy, unrepressed by the
management is, I take II, a common
thing in our big cities.
II really had hoped that this court
would be the avenue for full and com,
piete revelation of all the facts so the
public Of the entire world would have
the opportunity to ascertain this
widely known defendants guilt or in
nocence.
The testimony heard shows thai
during the whole afternoon there wen
on. let us charitably say, festivities
Men and women We're coming anc
going so that witnesses were unable
90 say who were the occupants al any
particular hour.
Much liquor was drunk and tbs
complaining witness in particular wal
in an inebriated condition.
Miss Rappe according to the pie
ture have tried TO draw of the event
went into room 1919 of this hotel, fol
lowed. without previous conversation
by the defendant
They remained in there abou
three-quarters of an hour. according
20 Miss Zeh Prevost's testimony. NJ
sounds were heard by the rest of tn
party.
Then the complaining witness ant
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
bed. fully clothed and apparently il
agony. She was clutching at he
clothing and with the assistance Q
her women companions she was com
rletely disrobed l thought some G
the torn garments might bear on III
point at issue. but from the prosecu
tons own witnesses il appears the
must have been torn in being remoy
ed"
Other Evidence Not Vital.
The court said he could not see an
significance in certain other test
mony introduced by the prosecution
Evidence has been given regardin
alleged ribald conduct Of the defer
dant regarding the use of ice. but
had no connection with any possib
injuries received by the deceased a
though il was a regrettable inciden
photographs of bruises on Mi.
Rappe's body We're introduced but d
Arthur Beardslee. who attended he
saw only one on the arm. Undoubtes
iy II there had been others on II
body he would have noticed them.
"Semnacker's testimony was el
tircly valueless and two days of cou
time was taken up fruitlessly hearir
him.
THE only one whose evidence migl
have connected the defendant with Il
commission of crime was that
the nervous chambermaid. who heal
from the corridor the cry Of woma
no. no, oh my God and mans r
ply oh shut up
Murder Not Sustained.
Although there were indication
that the district attorney at a tri
would Try 10 show a more compile