Bisbee daily review., 1921-09-29

only either hold the defendant to ans wer for murder or dismiss the case altogether, but Judge Lazarus sa.d that was not his understanding o1 the law"
 Far From Cheerful
 While the formalities of bail were being arranged. which called for a superior court transferring the bail from one case. to another, Arbuckle went back to the city prison where he has been for the last IS days.
 Coming out of his cell with an over flowing armful of clothing, his face took on a more cheerful look. After he had piled the clothes into a suit case, newspaper' photographers start ed into make pictures of him and smile began to, Sreep over his coun- tenance As balloon like cloud of flashlight smoke, rose toward the ceiling, he gazed at it with almost grin.
 .. ,,"Roll a cigarette with one hand when we take the next snap." suggest ed one of the photographers.
 q can't" he replied. Its the oth- CT Arbuckle that does that"
 Assertions that Police Judge Syl- vain J. Lazarus treated the case of Roscoe (Fatty) 'Arbuckle differently from the usual leases were made in long statement Issued tonight by Dis trict Attorney Matthew A. Brady. The statement quoted what purported to be the exact words of Judge Lazarus with the assertion that it was indica- tive 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 required in this case than in any oth- CT case for the reason that the de- fendant was an important celebrity.
 Brady's statement quoted Judge Lazarus as having said in court to- day:
 The district attorney has attempt ed to give us the impression that the proof required. in this present case warranting a. holding, should not go any further than would be required or necessary in any other case. But I say that this is really an important CdSC, "C iCOd ItOI uloSuioC tHetI ldCI or beguile ourselves into the ideal that we are handling here just the or dinary trivial case, if you wish to put it that way, which frequently comes up in the police court
 Says Action Mysti.yIng
 The district attorney declared Judge Lazarus action in holding Ar buckle for manslaughter to be 'whol- ly mystifying."
 Brady then cited the law as de- lining deaths ensuing from felonious acts as murder and those resulting from misdemeanors to be manslaugh- ter, and continued:
 Judge Lazarus took the view that the killing of Virginia Sappe may have resulted from a wholly innocent and trivial act, and said the eerend- ant may have slapped her and been guilty of nothing more than a simple battery. It is true that the defend ant did not commit an act of bat tery upon Virginia Rappe, but the testimony shows he did great deal more. and that those acts were en- tirely felonious, in their nature, Tn holding the defendant to ans wer upon the change of manslaughter Judge Lazarus admits that the evi- dence showed that the ,.-.mdant was ! criminally responsible for the death of Virginia Rappe.
 If the defendant was criminally responsible, for Her death, he should | have been trial for murder and not for manslaughter. It is entirely i'm material that he did not intend to kill her.
 { Insofar as the amount of proof is 1 concerned, the law makes no distinc- tion between important cases and
 trivial cases. Neither does the law in it's treatment of men make any dis tinction between important defend ants and trivial defendants