The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-09-22
Final Decision on Murder
Prosecution Due Soon.
Comedians Defense May Break
Own Silence Ban.
POLICE COURT HEARING ON
Murder, Manslaughter or Dis.
missal All Up to Magistrate.
Medical Testimony Comes First
Important Witnesses Absent.

San Francisco. Sept 22.-whether
or not Roscoe (Fatty) Arhuckle. ro-
tund comedian of the movies, must,
face trial for murder was to be do
cided at the preliminary hearing on
the charges against him opening in
police court this afternoon.
The hearing was expected to give
the first real inkling of the defense of
Arbuckle against the charge OF tho
state that he, by an attack, caused
injuries which resulted in the death
of beautiful Virginia Rappe. "best
dressed woman of the movies"
Defense May Open Up.
Until today the defense has main
tanned an impenetrable silence, but,
with the cross examination of the
witnesses to be placed on the stand
by the state in an effort TO secure
commitment of Arbuckle to trial be-
fore the superior court for murder.
the determined battle to free the
FORMER film star was to be under way
Al Semnacher, manager of the dead
film actress was taken before District
Attorney Matthew Brady for further
questioning as to his sworn Statement
that Arbuckle had admitted the com
mission of an act against Virginia
Rappe which might have resulted in
her illness. Arbuckle's alleged adinis-
sion was made, according to Sem
nacher, in the presence of Fred Fish
bach, Lowell Sherman and Harry Nc
Cullough.
Fishback has been questioned re-
garding it and made, according to the
district attorney, an "evasive reply
70 newspaper men however, Fishbacl5
passed the lie TO Semnacher's state
ment pointblank denying that Ar
buckle had ever discussed in his pres
ence what took place in the hotel
room.
Witness En- Route to Europe.
Lowell Sherman apparently was be-
yond Questioning. No word has been
received from him by District Attor-
ney Brady since his disappearance
from a train bound for New York
City. A report was current here that
sherman was en- route for Europe
when he left Los Angeles for the east.
District Attorney Brady, however
was OF the opinion that Sherman will
return eventually as a witness Should
he fail to do SO voluntarily, il was in
timated an indictment will bring about
his extradition.
District Attorney Brady planned a
brisk presentation of his case against
Arbuckle. He anticipated that one
IuIl Gay would enable him to lay his
case before Police Judge Sylvan
Lazarus. AS an evidence that he ex-
pected the defense to make strenuous
efforts to free Arbuckle at his hearing.
was shown by his estimate that the
defense might take two days" The
defense attorneys made no estimate.
Three Ways Are Open.
Judge Lazarus, before whom the
case was heard. had three sources
open to him after hearing the evi-
dence:
l. Hold the prisoner for trial for
murder.
2. Hold him for trial on any degree
of murder, including manslaughter
3. Dismiss all charges against Ar
buckle. This would not affect the
manslaughter indictment pending.
For the first time today anxiety
was expressed by the district attorneys
office because of the failure of DR..
Arthur Beardslee to put in an ap-
pearance One of the first physicians
to attend Miss Rappe, he left on a
hunting trip before her death and was
located only last Saturday in a wild
pountain country. He agreed to re-
turn and should have arrived Tuesday.
fContiuued on Page FourI