The New York herald., 1921-11-30
PAROXYSM is DENIED
District Attorney Puts On
His Surprise Witnesses;
Has 80 Others.
ATTACK FATTY'S STORY
Comedians Lawyers Able to
Combat Successfully Some
Of Onslaughts.

Special Despatch to THE NEW YORK HERALD
SAN Francisco. Nov. pa sensa-
tional feature of the trial Of Roscoe
Arbuckle on the charge of man
slaughter in connection with the death
OF Virginia Rape developed to-day
when District Attorney Brady caused
the arrest of Mrs. Minnie Neighbors.
witness for Arbuckle, on "a charge
of perjury. She is the wife of a Los
Angeles policeman. Her release on
$4,000 bail followed.
The action followed the adducing of
testimony from two witnesses called
in rebuttal by the prosecution attack
ing the testimony Of Mrs. NeigLbors
Mrs. Neighbors testified last week
that while at Wheeler Hot Springs in
the Ojai Valley last August she had
witnessed Virginia Rappe suffer a
paroxysm similar to that which pre-.
ceded her death after Arbuckle's hote
party Of September 5.
Mary Poulin. assistant manager of the
Wheeler Hot Springs. and Mrs. jose
phine Hardebeck, former housekeeper
for Virginia Rappe.
Mrs Poulin. one Of the prosecution s
surprise witnesses" testified that Vir-
ginia Rappe was not at the resort dur
ing July or August.
Mrs Hardebeck told the Jury Miss
Rappe was at her home every night OF
last August.
Defence. to Bolster Witness.
Mrs Poulin, under cross examination.
admitted that a Mrs. Piper was at the
resort, and the defence, 1t was made
apparent, plans to calf this woman to
corroborate Mrs. Neighbors's testimony.
Events moved rapidly to-day. With the
jury tired, the courts temper on edge.
and attorneys considerably worn by the
ceaseless array Of questions and an
swers. the prosecution picked up its
rebuttal at 10 o'clock. when court
opened. and proceeded to carry on
at high speed.
Forty witnesses were scheduled to
be called by the prosecution to break
down the defence case, and more par
ticularly ArbuckIe's story OF the famous
party" Several of these witnesses
were TO establish technical angles of
the case. The hopes of the prosecution
in several instances were not realized.
With the concluding of the testimony
of the first batch of prosecution wit
nesses came the intination from the
States end of the case that the rebuttal
would be finished tonight. Instantly the
defence met the situation with the dec
laration that 1t would offer no sur-rebut-
tai TO rebut the prosecutions morning
witnesses, and that II the District Attor-
ney would agree to submit without ar
gument the case could so to the jury in
its present form without argument from
either side.
VIII Insist on Argument.
The District Attorneys office will not
agree to submitting the case without
argument, although the defence intends
making such motion to the court In
hope of its acceptance.
The rebuttal witnesses called by the
prosecution this morning followed one
another in rapid succession. Miss Irene
Morgan, the defence witness, who testi-
fed that in 1920. while employed to care
Tor Miss Virginia Rape, she saw the
patient In several spells of hysteria and
physical suffering, was placed on the
stand for the purpose OF having her war
record attacked.
Miss Morgan. answering questions
propounded by Mr.. Friedman, said that
during the war she had gone from Los
Angeles to Alberta, Can. to join her
brother The war was on and she vol
| hA una ~ 20 ntaI
to the Twenty-eighth Division. Fifth
Company. she said. Sailing from Hall
fax 20 England she served In field
hospital at the battle OF the Marne. She
was temporarily released for disability
she said. and expected to return to Eng.
land within a couple OF months to re-
ceive her permanent discharge.
Charles Burroughs, a magazine pub
| Usher of Burllngame. was called in AT
effort &c impeach r. c. Harper. a de.
fonse witness. He admitted he had only
discussed Harper with his partner ant
two other persons.
T.. O. Heinrchs. fngerprint expert
SHERLOCK Holmes" OF the case. recalled
bv the prosecution. drew a vivid picture
| of himself with a microscope. on hi'
knees, with an assistant. "Salome'
Boyls. holding a flashlight, hunting FOL
hairpins.
The District Attorney sought through
Heinrich's testimony to discredit the AS
sertion of the hotel chambermaid tha
she had carefully polished the handle!
on the door so that no finger prints. n.
! Heinrlchs asserted. could have been Wis
ible.
Tho finger print expert admitted tina
he had crawled on his hands and knees
Despite the assertion OF the chamber
raid that she had carefully cleaned th'
room no had found pathway of dust.
and had specifically discovered sixteer
human hairs. three of which he poslt
lively identified as those of Miss Rappe
Mrs. Josephine Hardeback. an adopted
aunt Of Virginia Rappe was placed or
the stand to rebut testimony tending e
show that the Rapre girl had been ava,
from home overnight.