The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1921-12-03
s
FATE SAID
7 D Be UP
TO WOMAN
Early Reports Had Only
One Juror Against
Acquittal

SAN FRANCISCO. Dec. s.--rho
Jury considering the evidence sub
mitted In the trial OF Roscoe c. Ar
buckle on charge OF granddaughter
in connection with the death Of Miss
virginia Rape. returned TO the ju-y
room from Its hotel at 10 O'clock this
morning.
The Jury appeared refreshed after
nights rest, which began al II
o'clock last night. after Il had failed
to agree on a verdict IN four and one
quarter hours deliberation. Reports
that II was divided eleven to one foI
acquittal persisted today. but there
was nothing 10 give any great amount
OF iangibility to this report. Corridor
gossip said that one woman was hold
ing out for conviction.
Arbuckle appeared few minutes
before 10 o'clock wearing a thick
haggard look that no carried away
with him last night He ohatted with
newspaper men and others In an APP
parently carefree manner
The fate OF the comedian was given
TO the jury shortly after o'clock
yesterday afternoon. Rumors were
current last night that the jury. corn
posed OF seven men and tive women.
stood eleven, to one Tor acquiftal, hut
no agreement had been reached st n
o'clock and the debating ceased to
permit the members to retire Tor the
night.
A throng that packed the court
room and corridors oltxide. In the
hope OF hearing the verdict. expressed
disappointment when the jury was
locked up for the night.
Trial Begun NOV. "a.
The Arbuckle trial started Nov. 10
and a week was spent in selection Of
the jury. The main witnesses for
the prosecution were hey Provost and
Alice Blake. show girls. T.. .. Hem
rich finger print expert, and a num-
Der OF physicians and nurses. The
medical experts testified injuries TO
the bladder. such as caused Miss
ltappc's death. usually resulted from
the application OF *. srnal force.
Tho prosecution contendcd that the
injury was the result OF an attempt
| By Arbuckle to attack Miss Rappe
during party in his room IN the
Hotel St. Francis during the after
noon Of September B.
/ a technical examination By
medical commission OF three appoint
/ cd by the court to examine Miss
/ RGppe's bladder. showed that con-
| dition OF chronic inflammation OK
isted, according 10 the report by the
! commission TO the court and iurv-
/ Gavin McNab. defense attorney. de-
clared the report absolutely cor-
roborated' the deposition Of Dr.
Maurice Rosenberg, who treated Miss
Kappo supposedly for a bladder dis
order an 1913.
Finger prints on the doors OF
Arbuckle's room were said by Heia-
rich TO be those OF Arbuckie and
Miss Rappe and Indicated. according
to the testimony. that Arbuckle at
tempted. presumably, TO force that
young woman away from the doors.
Miss Iiappc Intoxicated.
Dr. Il. T.. Rumweli. who attended
Miss HRppe after the alleged injury.
testified for the defense that Miss
Rape told him she was somewhat
intoxicated" and did not know what
happened to her
Arbuckle himself was the pivotal
witness for the defense. He said al
the time he IL alleged TO have In
flicted the injury on Miss Rappe he
was actually endeavoring to assist
her during a period OF illness. H.
did not know that Miss Rappe wa
In his room whore the attack wa
alleged 10 have taken place. until h.
found her In pain on the floor ol
, his bath room. he said. Much medl
cal testimony also was introduced b.
the defense.
other witnesses were Al setnnacher
manager OF Miss Rappes motion pie
ture Interests. for the prosecution
and Fred Fischhach. friend oi
Arhuckle. for the defense.