Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1921-09-29

disrobed. / thought some of the torn
garments might bear on the point at
issue, but from the prosecutions own
witnesses 1t appears they must have
been torn in being removed"
District Attorney Isadore Golden
interrupted with the assertion that the
evidence showed one of the garments
must have been torn off.
The court said he could not see any
significance in certain other testimony
introduced by the prosecution.
Evidence has been given regarding
alleged ribald conduct of the defendant
regarding the use of ice, but it had no
connection with any possible injuries
received by the deceased. although it
was regrettable incident.
Photographs of bruises on Miss
Rappe's body were introduced, but
DR.. Arthur Beardslee, who attended
her saw only one on the arm. I'm
doubtedly if there had been others on
the body he would have noticed them.
Semnacher's Story vaIueiess
"Semnacher's testimony was entire
ly valueless and two days of court
time was taken up fruitlessly hearing
him.
THE only one whose evidence might
have connected the defendant with the
Of a crime was that of the
nervous chambermaid who heard from
the corridor the cry of a woman. No,
No. oh, My God and a mans reply
oh shut up
Although there were Indications
that the district attorney at trial
would try to show a more complete
case, there was the merest skelton Of
evidence here to connect the defend
ant with the crime of murder, the most
serious offense known in criminal law.
''The question for me to decide is
whether the facts adduced, which the
district attorney admits is barely
enough to warrant holding, is enough
TO justify murder charge, and / do
not believe so.
actions in the affair, however, to war
rant manslaughter charge, and will
hold him on this. I feel that no rape.
or ATTEMPTED rape was committed by
the defendant"
Assistant District Attorney Milton
7. U'Ren inquired what these other
actions might be, and the Judge replied
that there might have been battery,
for instance.
Flags Police Judge.
Assertions that Police Judge Sylvan
Lazarus treated the case of Roscoe
Arbuckle differently from the usual
rases were made in long statement
issued Wednesday night by District
Matthew A. Brady. The
statement quoted what purported to
be the exact words of Judge Lazarus
with the assertion that it was indi-
cative of his attitude.
"If Roscoe Arbuckle were unknown
and unimportant," Brady's statement
declared, "he would have been held
for murder Judge Lazarus plainly
stated that more evidence would be
,equired in this case than in any
other case for the reason that the
defendant was an important celebrity"
The district attorney declared Judge
Lazarus action in holding Artuckle
or manslaughter to he wholly nys-
flying
Brady then cited the law as defin-
ng deaths ensuing from felonious acts
Is murder aud those resulting from
to be manslaughter. and
continued:
Result Of Trivial Act.
Judge Lazarus took the view that
he killing of Virginia Rappe may
,ave resulted from a wholly inno-
ent and trivial act, and said the de-
enuaNC may nave Slapp6u Her aka
'een guilty of nothing more than
imple battery. 1t is true that tho
defendant did commit an act of bat
cry upon Virginia Rappe, but the
estimony shows he did great deal
nore and that those acts were en-
irely felonious in their nature.
"In holding the defendant to .n-
wer upon the charge of man
laughter. Judge Lazarus admits that
he evidence showed that the defend
mt was criminally responsible for
he death of Virginia Rappe.
"If the defendant was crimina1ly
esponsible for her death. he should
ave been tried for murder and not
,r manslaughter. It is entirely Inn
lateral that he did not intend 70
i'll her.
Insofar as the amount Of proof Is
the law makes no distlnc-
on between important cases and
rival cases. Neither does the law
/ its treatment Of men make any
between important de-