Arizona republican., 1921-09-28
GIVEN PERMISSION TO |OFFER EVIDENCE THIS IF FTERNOON
State Suddenly Closes Case Against ArbuckIe With out Calling Complaining Witness
IRepubIIcan A. p. Leased wirel

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 SAN FRANCISCO, Sept. 27-The question whether Roscoe (F'atty) Arr buckle will be tried in the superior court for the murder of Miss Virginia Rappe, or whether he will be held on the lesser charge of manslaughter will be decided tomorrow by Police Judge Sylvain Lazarus. before whom the film comedian has been examined on a murder accusation.
 The prosecution suddenly ended its case today without the testimony of the complaining witness, Mrs. Ban- bino Belmont. saying ample evidence already had been presented to war rant holding for murder. The court. although warning the district attor- ney that he was running the danger of a dismissal by not producing more proof, practically removed all pos sibility of such action by denying defense motion to dismiss and an- nouncing that he rarely failed to hold a defendant to answer. As to the particular charge. Judge Lazarus said his mind was not yet made up.
 He then continued the case until tomorrow at ? pm. giving the defense permission to introduce evidence of it's own at that time if desired. Frank Dominguez, Arbuckle'S chief counsel said he would not reach decision until that time whether to avail him self of the opportunity.
 Dominguez demanded an opportu- nity to prove Mrs Delmpnt's accusa- tions against ArbuckIe to be false hoods, but Judge Lazarus said the district attorney could not be com pelled to put her on the stand. al- though he regretted greatly that more proof l.ad not been given and the complainant exapained
 District Attorney Matthew A Brady suggesteo that Dominguez himself could call Mrs. Delmont as a witness. but the defense attorney declined Co accept the suggestion
 Assistant District Attorney Galore Golden said the district attorney was not required to disclose more Of it's case than enough to warrant hold l ing for probable cause and Domin- guez replied that the issue was not between Mrs. Deimont and Arbuckie. but between the People of California and -Arbuckle
 Arbuckle Guests Testify Two women. Fey Provost and Alice Blake. testified that Miss yir-. ginia Rappe. when found in distress in Arbuckle's apartments on Sept. 5, had cried. T aD dying. He hurt me" and that Arbuckle had told her ! to shut up'' or he would throw her out the window"
 You're crazy. Shut up or I'll throw you out the window" was the version of Arbuckle's remarks given by Miss Blake, while Miss Provost testified, If you don't stop yelling l I'll throw you out the window"
 Both said that Arbuckle adminis- tered ice to Miss Rappe while she was moaning in pain, Miss Provost saying he accompanied it with the remark, .That'll bring you to- Another exciting incident was told of by Josephine Kesea, a maid at the | St. Francis hotel. who said that from ! the corridor she heard screams from Room 1219. the room described by other witnesses as the one which Miss Rappe entered with Arbuclxle. and woman's voice crying, NO. no, Oh, my God."
 "Shut up," followed a masculine voice, according to Miss Kesea, who said she heard screaming all aft ernooh in Room 1219," and music, dancing and doors slamming' in Room 1920. where the party was as- sembled
 Maid Hears Screaming l "Why did you listen in the cor ridor?" asked Dominguez.
 When I heard the screams, I ran and listened" she replied.
 Alice Blake told of finding Arbuckle | and Lowell Sherman in bath robes