The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-12-03
ARBUCKLE JURY
FAILS TO DECIDE
OUT SIX HOURS
"GrapeVine" RumOr Says 8 to 3
for Acquittal.
Jurors Take Two Hour Recess
at Noon Today.
ASKED FOR MEDICAL REPORT
Judge Indicates He'll Keep
Twelve on Job.
VIII Open Verdict Whenever 1t
Is Returned.

San Francisco, Cal. Dec s.-Ths
Arbuckle jury was given a two-hour
lunch recess at 10 o'clock. after hav-
ing failed to reach a verdict in six
and one-quarter hours of actual delib-
Grafton. The jury retired at 4:15 p.
m. last night.
The seven men and five women in
whose hands rests the fate of Roscoe
Fatty" Arbuckle, resumed their de-
liberations behind locked doors in the
jury room at 10 o'clock today.
Stands to 3.
Refreshed by their nights rest. dur
ing which they were locked in their
hotel rooms, the Jurors at once
plunged into the discussions which
were interrupted last night shortly
after II O'Clock.
fresh rumor spread with the re-
turn to the hall of justice of the Jury
that they stood 9 to 8 for acquittaI in
stead of IL to 1, as grapevine COM
muniques had it last night There
was no verification, of course, for
either report
1t was learned that the jury during
its deliberations requested the report
of the medical commission that ex-
amined the bladder of Virginia Rappe,
her finger prints and those of Ar
buckle, the door on which the state
alleged was imprinted the prints of
both Virginia and Arbuckle, a micro
Alice Blake and Zey Provost and the
testimony of the physicians who ex-
planned the microscopic examination
of the dead girls bladder.
Before the various things asked for
could be collected and taken in, they
withdrew their request. No reason
was assigned for their action The
exhibits and testimony called for was
taken to indicate these points were
being argued when the request was
made.
VIII Keep Jury Mt 1t.
Judge Louderback declined to COM
ment on how long he would keep the
jury out. but intimated that all of their
time, except when eating and sleep
ing, would be confined to deliberation.
He indicated there would be no diver
sions until verdict is reached.
While the trial was in progress. the
fury was taken on frequent autono-
bile rides to enable them to get fresh
air and they visitel the theateTs fre-
quently.
clerk of Court shaeffer announced
TODAY the verdict will be opened and
read at whatever time it is received.
The point was. raised by defense at
tornevs last niPht that If the jury
came in after noon today the verdict
would have to be sealed until Monday
morning. The law and decisions on
the subject were looked up and IL was
decided today the verdict may be
opened any time Judge Louderbaek
conyenes court to receive it, regard
less of the legal holiday.
Case Started November IL.
The Arbuckle trial started Novem-
Der IA, and a week was spent in Sc
lection of a jury. The main witnesses
for the prosecution were Zey Provost
and Alice Blake. show girls; f. o.
Heinrich, finger print expert, and a
number of physicians and nurses. The
medical experts testified injuries 10
the bladder, such as caused Miss
: appe's death, usually resulted from
the application of external force
The prosecution contended that the In
jury was the result of an attempt by Ar
buckle to attack Miss Rappe during a
party in his room in the Hotel st. Francis
during the afternoon Of September D. A
technical examination by medical com
to examine Miss Rappe's bladder showed
a condition of chronic inflammation ex-
listed. according to the report by the COM
mission to the court and jury. Gavin Me
Nab. defense attorney. declared the report
absolutely cOrroborated." the deposition
Of DR.. Maurice Rosenberg. who treated
ease in 1913.
Finger Prints introduced.
Finger prints on the doors OF Arbuckle's
room were said by Heinrich to be those OF
according to the testimony, that Arbuckle
attempted. presumably, to force the young
woman away from the doors
DIR. r. L. Rumwell. who attended Miss
Rappe after the alleged injury, testified
for the defense that Miss Rappe 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 at the time he
Is alleged to have inflicted the injury on
Miss Rappe he was actually endeavoring
to assist her during n period Of Illness. He
did not know that Miss Itappe was IN his
room where the attack was alleged TO have
taken place. until he found her 81 pain
on the floor Of his bathroom. he said.
Much medical testimony also intro
duced by the defense. Other witnesses
were Al Semnacher. manager Of Miss
Rappe's motion picture interests, for the
prosecution. and Fred Fischback, a friend
Of Arbuckle. for the defense.