The Birmingham age-herald., 1921-09-29
FATTY FREED ON
 MURDER CHARGE, IS
 RELEASED ON BOND
CContinucd From Page one1

1 her up and quieted her in an af- feettonate manner. The well known Arbuckle smile did not appear. how ever, and he merely said Thank you," in response to the handshakes and greetings of Congratulations Roscoe" from various people.
 Assistant District Attorneys Mil ton T u'ren and Isadore Golden asked Judge Lazarus if he placed no credence of Miss Rappe's cries ''He l hurt me" or the screams heard by the hotel maid, but the court said they were not sufficient to impli- cate Arbuckle in the commission If crime" The district attorneys aides also contended that the court could only either hold the defendant to answer for murder. or dismiss the case altogether but Judge Lazarus said that was not his Understanding of the law.
 When the hearing was resumed to- day, Judge Lazarus began a discus sicn of the case.
 We need not disguise the fact that this is an important case" the judge said. Tn my opinion we are not try ing Roscoe Arbuckle alone. the screen celebrity who has given mirth to the whole world. We are. in sense, trying ourselves. our morals, our present day social standards The question Is larger than the guilt of this unfortunate, it is q universal issue.
 "0rgies Not Uncommon''
 The affair was the continuation of an orgy at one of our leading hos telries. An orgy unrepressed by the management, is, 1 take it, common thing in our big cities.
 T 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 as- certain this widely known defend- ants guilt or innocense.
 The testimony heard shows that during the whole afternoon there went on, let us charitable say, festi- vities, Men and women were coming and going, so that witnesses are un- able to say who were the occupants of the rooms at any particular hour"
 Much liquor was drunk and the complaining witness in particular was in an enebriated condition. ,.
 Miss Rappe, according to the pic-t ture I have tried to draw of the event, went into room 1919 of this hotel, followed without previous conversation by the defendant.
 They remained in there about three quarters of an hour, according to Miss Zeh Prevost's testimony No sounds were heard by the rest of the party.
 Fatty Opened Door
 Then, the complaining witness and Miss Provost made clamor a the door, which was opened by the defendant, and these two ladies en- tered the room.
 They found Miss Rappe lying on a bed, fully clothed, and apparently in agony. She was clutching at her clothing and with the assistance of her women companions, she was completely disrobed. l thought some of the torn garments might bear on the point at issue, but from the prosecutions own witnesses, it ap- pears they must have been torn in being removed"
 Assistant District Attorney Isa- dore Golden interrupted with the as sertion that the evidence showed one of the garments must have been torn off
 The court said he could not see an in certain other testi- mony introduced by the prosecution.
 Evidence has been given regard ing alleged ribald conduct of the regarding the use of ice, but it had no connection with any possible injuries received by the de- ceased, although it was a regret table incident"
 "Photographs of bruises on Miss Rappe's body were introduced but Dr, Arthur Beardslee, who attended her saw only one on the arm, Un doubtedly, if there had been others on the body, he would have noticed them.
 Semancber's Testimony vaiueIess
 "Semancher's testimony was en- tirely 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 commission of a crime was that of the nervous chambermaid, who heard from the corridor the cry of 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 skeleton
  fendant 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 bare ly enough to warrant a holding, IS enough to justify murder charge and I do not believe so.
 "There is enough in the defend- ants actions in the affair, how ever, to warrant manslaughter charge, and I will hold him on this. feel that no rape, or attempted rape, was committed by the de- fendant."
 Arraignment of Arbuckle on the grand jury manslaughter charge has been set for October ,; on the charge resulting from today's ac- l.. I,,l lcrn Lag