The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-11-30
SIDE SHOWS FIRST
Brady Wins Continuance in
Perjury Charge Hearings.
Doctors Now Ready to Render
Their Report.
ARBUCkLE TRIAL IN DRAGGING
Defense Now Busy Protecting
Accused Witness.
Prosecution and Defense En-
gage in Verbal Battle.
ARBUCKLE TRIAL IN DRAGGING

San Francisco, Nov. 30.-The side
show almost eclipsed in interest today
the big top" in the Arbuckle case.
Mrs. Minnie Neighbors, defense
witness. charged with perjury by Dis
trict Attorney Brady as a result of her
testimony in behalf of the jovial come
dan being tried for manslaughter,
came up before Police Judge Jacks
for hearing.
Brady Wins Fight.
District Attorney Brady won fight
for a two day continuance of Mrs.
Neighbours case, altho Ernest L.
Bruno, assistant to Gavin McNab,
chief counsel for the Arbuckle defense,
made a plea for an immediate hear
ing. The district attorney pointed out
the law provided for such a continu-
ance, and Judge Jacks upheld him,
setting the case over until December 2.
The state announced, after calling
several rebuttaI witnesses today, that
it was ready to rest its case as soon as
three doctors engaged in a microscopic
examination of the bladder of Miss
Rappe can make report to the court
Indications were that the entire day
would be occupied by rebuttal and sur
rebuttai testimony and as each side is
expected to be allotted at least four
hours for final argument it was ap
parent the case would not be placed
in the hands of the jury before late
tomorrow or Friday.
Drama Outside the Court.
Outside the court room in which
the manslaugEter trial of Roscoe
Fatty Arbuckle drew to a close to-
day were being enacted two scenes OF
greater interest than the trial itself
both of which were vitality connected
with the case, but only one of which
Il
of the jury that will decide the come
dams fate
In a laboratory a mile from the
court room three solemn faced ply
sicians and their assistants made a
microscopic examination of an organ
taken from the body of Virginia Rapp,
with whose death ArbuckIe is charged
with responsibility. Their report was
expected late today. It was to settle
definitely the hard fought and vital
question in the ArbuckIe care Of
whether Virginia Rappe suffered sroln
caused her death from natural
cause.
Defense Witness Arrested.
In another court room in the hall of
justice Mrs. Minnie Neighbours. de-
tense witness, was to have L hearing
on charge of perjury. Her arrest
promised to bring to a climax bitter
ness which has grown each day as
the trial of the Arbuckle case has pro-
ceeded between the district attorney
ana his staff and the counsel for de-
fense
Gavin McNab, chief counsel for Ar
buckle, charged that the arrest OF
Mrs. Neighbours was made by Dis
trict Attorney Brady "in bad faith
and was new way of trying a case"
The storm broke about Mrs. Neigh
bours' head yesterday when two wit
hn cyf1
directly contradicted the statement OF
Irs. Neighbours on the stand thar
Virginia Rappe had visited Wheeler
Hot Springs last August. Immedi-
ately, Brady announced his Intention
OF having a warrant issued for her
arrest.
Warrant Was Denied.
The warrant was drawn up but
when Assistant District ATTORNEY Fitz-
gerald presented it in super1our court
ne found that not only ha.3 Gavin Nc
Eab preceded him with a nore r+oues
ing that action be withheld, but close
on his heels was Attorney Charles II.
Brennan, of defense COUNSEL, VI icing
verbal protests. One by one the s1,-
perlor judges turned down the war
rant.
Last night, Brady acted on his own
initiative He ordered the arrest of
Mrs Neighbours. Again McNab went
into action and emerged victorious. He
arranged for her to be taken forthwith
before Judge Fitzgerald, who released
her on $4,000 cash bail furnished by
McNab.
Defense to Show Flaw.
McNab announced the defense
would support Mrs. Neighbours in ev-
cry way. Ee declared that when Mrs.
Mary Poulin, one of the state witnesses
who discredited Mrs. Neighbours is
called for cross examination in court
19Zr
in no way contradicted Mrs. Neigh
bours. He will attempt to show that
the hotel register produced by Mrs.
Poulin was loosely kept and that Miss
Rape might have visited the springs
without the knowledge of Mrs. Poulin.
Brady declared he was only carry
ing out the duties of his office in or
dering the arrest of Mrs. Neighbours
and in support of his declaration that
he acted in good faith. he pointed out
that the arrest could in no way affect
Arbuckle. as it would not come to the
attention of the jury until after they
have rendered a verdict.
Were Frequent Clashes.
Brady and Brennan engaged in
wordy war yesterday and clashes
across counsel table were frequent.
The trial was really marking time
today for the return of the doctors
report on the examination of the biad-
der Of Miss Rape The state planned
to introduce further rebuttal evidence
today and the defense win offer some
sur-rebuttal witnesses However. the
case viii close quickly once the doc
tors report comes in
Argument will likely take the better
part of two days and the case 20 to
the jury late Friday.
- S
Harding sounds Out Congress.
Washington, Nov. 80.-President
Harding began today what was under