The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-09-17
ACTION DELAYED
ON new CHARGE
AGAINST FATTY
Prosecution Would Leave Deci-
sion to the Jury.
Murder, Manslaughter or Ac-
quittaI Alternative Verdict.
both SIDES HUNT DOCTOR
Physicians Testimony May
Mean Freeing Comedian.
Fiance of Victim RumOred Hir-
ing New York Attorney.

San Francisco, Cal, Sept. 1.-THE
arraignment OF Roscoe c. CFatty")
Arbuckle in the court of Superior Judge
manslaughter in connection with the
death of Miss Virginia Rappe. came
up today, but was continued until
Monday, September 26.
The county grand jury, at its meet
ing Monday night, is to consider evil
dence hat certain witnesses were
tampered with in the case of Roscoe
IC. Arbuckle, accused of murder in
connection with the death of Miss
Virginia Rape, motion picture
actress. Harry NJ. Kelly. secretary of
the jury, announced today.
The jury also expects to clear up
doubtful points in the medical atten-
ton given Miss Rappe." Kelly said.
The testimony of the doctors who at
tended her may be heard''
Probe "Witncss Tampering''
The witness tampering investigation
of the jury is fixed upon the failure
of Miss Zeh Provost. one of the prin-
cipal witnesses against Arbuckle, to
tell the jury the alleged facts that she
detailed to the police and the district
attorney. AS a result of her failure
to testify, the jury was compelled to
postpone for "a hours a decision to
indict Arbuckle, the district attorney
said. A manslaughter indictment was
returned against him.
DIR. Arthur Beardslee, house physi-
clan at st. Francis hotel where the
party took place in which Arbuckle
Miss Rape, is still being sought by
the district attorney and the police.
Doctor Beardslee attended Miss Rappe
in the hotel. His testimony is wanted
before the grand jury. He is said to
be on a hunting trip.
Arbuclle was to have been arraigned
in superior court upon an indictment
charging nnanslaughter. returned by
the county grand jury. This ar
raignment is mere formality, it was
said, and District Attorney Matthew
Brady wanted a continuance of the
manslaughter case until action has
been taken on the charge of first de-
gree murder pending against Arbuckle
in connection with Miss Rappe's death
Push the Murder Charge.
The district attorney had announced
the murder charge will be pushed and
it will be left to a jury to decide
whether Arbuckle shall be convicted
of first degree murder, second degree
murder, manslaughter or shall be
turned free by acquittal. There also
was one other alternative, which was
that if the police court at the pre-
| iliminary examination of Arbuckle
failed to hold the comedian to answer
to the superior court on charge OF
murder the state then would be forced
to &c to trial with the manslaughter
indictment.
Acquittal or conviction on the muir
der charge would mean automatic dis
missal of the manslaughter charge
for the law holds a man may not he
twice placed in jeopardy for one cause
Pressing of the murder charge
means Arbuckle must remain in jail
for, some time to come. Dismissal OF
the murder charge and trial ON the
manslaughter indictment would have
meant quick liberty on bail for the ac-
cused actor.
| Bail on the manslaughter charge
| had been fixed at $4,000 and attorneys
| for Arbuckle had put up the cash in
anticipation of action by the distric!
attorney favoringL trial on the lesser
| charge. Arbuckle had hoped to be
free today to start for his home in
! Los Angeles.
There is increasing indication that
medical testimony is to play great
/ (COntinued on paRe Threel