Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1921-09-29
POLICE JUDGE LAZARUS
DISCUSSES THE CASE

san Francisco, CaliI., sept. 20.
When the police court hearing
in the case of Roscoe G. (Fatty)
Arbuckle, charged with the MUIR
der of Miss Virginia Rape, was
resumed today Judge Lazarus be-
gan a discussion of the case.
1.-THE district attorney has frank
ly admitted he has offered merely
enough to warrant holding the de-
fendant-holding In reserve other
evidence which he has failed to
present" said Judge Lazarus in
outlining the case as he saw 1t.
1--WE need not disguise the fact
that this is an important case. In
my opinion, we are not trying Ros-
coe Arbuckle alone. the screen
celebrity who has given mirth to
the whole world. We are, in a
sense, trying ourselves, our morals,
our present day social standards.
The question Is larger than the
guilt of this unfortunate, 1t 10 a
universal issue.
1.-The affair was the elimination
of an orgy at one Of our leading
hostelries. An orgy unrepressed
by the management is, take It, a
common thing in our big cities.
II had really hoped that this
court would be the avenue for full
and complete revelation of all the
facts so the public of the entire
world would have the opportunity
to ascertain this widely known de-
PENDANTS guilt or innocence.
1.-THE testimony heard shows
that during the whole afternoon
there went on, let us charitably
say, festivities. Men and women
were coming and going so that wit
nesses are unable to say who were
the occupants at any particular
hour.
much liquor was drunk and the
complaining witness was in an in
ebriated condition.
Miss Rape, according to the
picture I have tried to draw of the
events went into room 1919 of this
hotel, followed. without previous
conversation by the defendant,
"They remained in there about
three-quarters of an hour, accord
ing to Miss Zeh Prevost's testi-
mony. No sounds were heard by
the rest of the party.
"Then the complaining witness
and Miss Provost made clamor at
the door, which was opened by
the defendant and these two ladies'
entered the room.
"They found Miss Rape lying
on n bed, fully clothed, and appar-
emily in agony. She was clutching
at her clothes and with the assist
ance of her woman companions
she was completely dsrobed.
thought some Of the torn garments
might bear on the point at issue,
but from the prosecution's own
witnesses, it 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 might have been torn off.
The court said he could not see
any significance in certain other
testimony introduced by the pros
ecution.
Evidence has been given re-
garding 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 re-
gretable incident.
photographs Of bruises on Miss
Rappe's body were introduced, but
DR.. Arthur Beardslee, who attend
ed her saw only one on the arm.
Undoubtedly IL there had been 9TH
ers on the body, he would have no.
ticed them.
"Semnaeher's testimony was en-
tirely valueless and two dogs of
court time was taken up fruitless-
ly hearing him.
"The only one whose % evidence
might have connected the defend
ant with the commission of crime
was that of the nervous chamber
maid who heard from the corridor
the cry of a woman mo, no, oh my
God and mans reply oh, shut
up
although there were indica.
lions that the district attorney at a
trial would try to show a more
complete case, there was the mer-
est skeleton of evidence here. to
connect the defendant with Che
crime of murder. the most serious
offense known in criminal law.
1.-THE question for me to decide
is whether the facts adduced, which
the district attorney admits are
barely enough to warrant holding
is enough to justify a meurder
charge, and I do not believe so.
There is enough in the defend
a nt's actions in the affair. however,
to warrant manslaughter charge
and I will hold him on this. feel
that no rape or attempted rape was
committed by the defendant"
Assistant District Attorney MIL
ton T. U'Ren inquired what these
other actions might be. and the