The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-09-14
Guests at Fatal Party Kept
From Testifying.
Grand Jury Indicts Movie
Comedian for Manslaughter.
ARBUCKLE may GET BAIL
Indictment Voted at Once on
Prosecutors Demand.
Every Indication More Serious
Charge To Be Dropped. zgI,

-.
San Francisco, Sept. 14.-District
Attorney Matthew Brady today won a
dramatic fight to prevent two of his
star witnesses in the prosecution OF
Roscoe (Fatty) Arbuckle. famous
film comedian, charged with the
murder of Miss Virginia Rappe, from
testifying before the coroner's inquest
in the film actresses death.
Following a strong plea to the coro-
ner's jury to not prejudice his case by
disclosing further evidence and in the
face of opposition from Coroner Le-
land, who insisted that the witnesses
be heard, the jury after fifteen min
utes' deliberation ruled in favor of
the district attorney.
Physicians on Stand.
Following decision not to hear the
two girls the jury expressed a desire
to have the two autopsy surgeons re-
called to testify further regarding
their examination of Miss Rappe's
body.
DR. Shelby Strange, official autopsy
surgeon, was called to the stand and
related the facts of a second and Of
ficia1 autopsy which followed the I'M
official autopsy of DIR. William Ophuls.
His testimony differed in one i'm
portant feature from that given previ-
ously by Doctor Ophuls.
Doctor Ophuls spoke of but two
bruises on the dead girls body, while
Doctor Strange reported finding sew
eral.
! He said he found them on both legs,
both arms and on the right thigh.
He declared emphatically that in his
| opinion they are ante-mortem bruises
J and expressed the opinion that they
! originated from human agency"
Asked to explain what he meant, he
said. finger pressure" aa
| Coroner Is Accused.
When Coroner Leland declined to
/ heed his request to refrain from put
ting the two girl witnesses on the
stand, the district attorney angrily
charged that the coroner was exceed
4 ing his authority.
| THE duty of %he coroner" he de-
clared, 'is to determine the cause OF
death and, if possible. fix responsible
/ ity. This jury has alrea65 heard suf-
! ficient evidence to not only detei mine
the cause of death, but also fix the re-
sponsibility.
"The defense in this case is shout
ing from the house tops about fair
play and the truth. If they are so in
| terested in fair play and truth, why do
| they not put Roscoe ArbuckIe on the
tell what he knows of the party. Ar
buckle should be able to give them a
real account of it,
Confer on Murder Charge.
conference this afternoon between
District Attorney Matthew Brady and
! his assistants. will determine whether
or not Roscoe (Fatty) Arbuckle will
face trial on a charge of murder or a
less serious charge of manslaughter in
connection with the death of beautiful
Virginia Rappe, film actress.
1t was intimated today by persons
! close to the district attorney that the
/ final decision in the matter may not
be announced until Friday, when Ar
buckle will come up before Police
Judge Lazardus for postponed ar
raignment on the murder charge
sworn to by Mrs. Bambine Maude Del
mont.
To do so before. It was said, would
show the hand of the prosecution. The
return of the indictment voted last
night by the grand jury charging Ar
buckle with manslaughter after that
body had refused the request OF the
district attorney for murder indict-
ment will not take place until Thurs
day. Until the return is made, it re-
mains in the files of the grand jury.
Up To District Attorney.
It was pointed out by attorneys
familiar with the case today that de-
spite the voting of the manslaughter
indictment, there is nothing to prevent
District Attorney Brady. under the
California law. from proceeding on the
murder charge, and failing a convic-
! ton on that proceed with prosecution
on the manslaughter indictment.
To proceed with the murder
} charge filed by complainant, it would
necessitate a preliminary hearing in
police court at which the district at
torney would be forced to disclose the
evidence on which he hopes 20 secure
a verdict, in order to have the defend
! ant held for the superior court for
, trial Had he succeeded in his ef-
, forts to have Arbuckle indicted by the
. grand jury on a murder charge, this
! preliminary hearing would not have
. been necessary and the district at
torney would have been able to guard
. his evidence closely pending the trial
) Apparently assuming the attitude
that the next move is up to the dis
trict attorney, counsel for Arbuckls
, continued their policy of silence to-
: day.
1 May Be No Trial for Murder.
5 Despite the fact that he still standr
charged with murder and that Dis.
trict Attorney Matthew Brady has In.
sisted that he will go thru with that
charge, it was generally accepted to.
: day that Arbuckle will face a trial or
e the less serious charge Of manslaugh-
. ter in connection with the death OF
: Miss Rappe. The grand jury had beer
a asked by District Attorney Brady Il
: indict Arbuckle for murder in the frs
n degree.
e Alice Blake, missing witness, testi
: fled before the grand jury and Ser
Y Provost, is known, another recalcitran
: witness. had returned to her origina
o story to the police and repeated II be
"I (Coutiuued on Page Twelye1