The New York herald., 1921-09-28
PLEA OF DISMISSAL
LOST BY ARBUCKLE
Defence Closes Despite Warm
ing by Judge Proof Was
Incomplete.
RULE TO-DAY ON CHARGE
Question of Murder or Man
slaughter Trial Will Be
Determined.


SAN FRANCISCO. Sept. 27.-The ques-
tion whether Roscoe c. Arbuckle VIII be
tried In the Superior Court for the mur-
der of Miss Virginia Rappe or whether
he will be held on the lesser charge OF
manslaughter will be decided Tomorrow
by Police Judge Sylvan Lazarus. before
whom the film comedian has been ex-
amined on q murder accusation.
The prosecution suddenly closed It's
case to-day without the testimony OF
the complaining witness. Mrs. Bambina
belmont, saying ample evidence had
been presented to warrant holding for
murder. The court, although warning
the District Attorney he was running the
danger OF a dismissal ~ not producing
1nore proof. practically removed all pos
sibility OF such action by denying
defence motion to dismiss the murder
charge, announcing that he rarely failed
to hold a defendant to answer. As to
the particular charge. however. Judge
Lazarus said his mind was not yet made
up.
He then continued the case until to-
morrow at p. NJ, giving to the defence
permission to introduce evidence OF its
own at that time II desired. Frank
Dominguez, Arbuckle's chief counsel. said
he would not reach decision until that
time whether to avail himself OF the
opportunity.
Dominguez demanded opportunity to
prove Mrs. Delmont's accusations against
Arbuckle to be falsehoods, but Judge
Lazarus said the District Attorney could
not be compelled to put her on the stand.
although he regretted greatly that more
proof had not been given and the COM
plainant examined.
Girl Tells OF Party.
Miss Alice Blake. called as witness
at the afternoon session, said that Ar
buckle wore pajamas. bathrobe and slip
pers Lowell Sherman. bathrobe. athletic
underwear and slippers and Mrs. Del
mont mans pajamas.
She told of seeing Miss Rappe enter
Room 1919. followed by Arbuckle. Miss
Blake said she saw Mrs. belmont knock
and kick at the door of Room 1919 later,
saying. Let me in J"
An interval elapsed before she saw
Miss Rappe In Room 1919, lying on a
bed, unclothed, Miss Blake said. with
her hair down and crying. II am dying!"
Miss Zeh Provost. one Of the show
girls participating In the party, was the
first witness. Arbuckle, Miss Rappe.
Mrs. belmont. Miss Blake. Alfred Sem
nacher and Sherman were In Arbuckle's
suite when she Joined the party, she
testified. Arbuckle and Sherman were
dressed In pajamas, bath robes and slip
pers she said.
Miss Rappe was seated on a settee at
Arbuckles side, according to the wit
ness, who said she saw "a little bit" OF
drinking. ..
About tlrce-qrarters of an hour later.
according to tho witness. she and Mrs.
belmont raped on the door and the
latter kicked II. saying loroly: open
the door. want to speak to Virginia"
Arbuckle opened the door. Miss Pro-
vost testified. and stepped into room
1920. the scene of the festivities. where
upon she and Mrs. belmont went into
room 1919 and found Virginia Rappe In
bed.
"She was fully dressed. but her hair
was hanging down and she was moan
ing" the witness added. Mrs. belmont
and / went over and asked her what
was the matter" Miss Provost said.
"She said. L am dying, I am dying. I
know 1 am going to de-
Cried she Was Dying.
"'Oh. no. you're MT goirg to die
replied. and then she @at up N bed and
started to tear off her waist and stock
inss Mr.. Arbuckle 'hen csme in and
started to help pull 1T her waist"
ri han tal lron
or. according to the witness. and she
was put on bed.
Then she started to cry again. II am
dying. He hurt me-" said Miss Provost.
Then Fischbach entered the room and
Miss Rappe was dipped In a tub OF cold
water. according TO the testimony.
"Shc cried loudly again when she vas
put back on the bed" Miss Provost said.
''Thcn Arbuckle said. III you don't stop
yelling I'll throw you out OF the win
dow"
ArbuckIe then went back into the other
room. Miss Provost continued. but soon
returned, applying ice to Miss Rappe.
with the statement "That'll make her
come to-
In answer TO a question from tho
prosecution Miss Provost said she did
not hear Mrs. belmont say: Roscoe.
you will have your little joke"
Some one put In a telephone call for
aid. Miss Provost stated. but some other
person jerked away the receiver. saying
no nctoriety was wanted.
While Arbuckie and Miss Rappe were
out OF the room. she said. there was
music being played and plenty OF
noise"
On examination by the defence Miss
Provost stated that che received an in
vitation by telephone to come to Ar
buckles party. She had met the come
dian n long time before. she said. but he
did not remember her. She did not know
from whom the invitation came. and
when she entered Arbucklcs suite there
were no introductions. merely a request
to take your hat off and make yourself
at home
ARBITRATORS CUT WAGES.