The Washington times., 1921-12-02
ARbUCKLE WILL
LEARN H|SFATE
LATE TONIGHT
''I'II Say He BawIed Me Out, "
Says Clown Of Prosecu-
tors Speech.
By ELLIS ii. MARTIN,
international News Service.

SAN FRANCISCO. Dec. 2-Roscoe
Fatty" Arbuckle probably Nhll know
his fate before midnight. The seven
men and five women who have listened
to the evidence in his trial for man.
slaughter for the death Of Virginia
Rape. film actress. following a gay
Labor Day party at a local hotel, will
likely retire before o'clock this
evening to deliberate on their verdict.
Six hours Of oratory were in pros
McNab, veteran war horse Of the de-
Tense legal staff. resumed today his
appeal for acquittal at the point he
was Interrupted last night by adjourn
ment Of court.
There was a possibility that McNab
might decide to close his case with
his first argument, although II was
considered likely he would avail him.
self OF the advantage of having the
last word with the jury.
Young Aide May Speak.
Or he may delegate that to his
young associate, Nat Schmulowitz.
The State pinned it's hopes on the
final talk to be delivered by Assistant
District Attorney U'Ren. who was to
follow McNab. U'Ren has borne. the
burden OF the prosecution, and, al
though not an orator OF the type Of
McNab, his method OF talking quietly
and reasoning logically has in past
cases had a powerful influence on
juries. Leo Friedman. youthful as
sistant district attorney. paved the
way Tor his talk in opening for the
State yesterday.
Friedman branded Arbuckle an a
liar. He questioned the veracity of
defense witnesses and demanded pun.
ishment of Arbuckle. hero Of a thou
sand laughs"
His denunciation of the film star
was vitriolic.
I'll say he bawled ne out" was the
way Fatty" expressed 1t after an
uncomfortable two hours under the
lash OF Friedman's tongue.
McNab was no less denunciatory,
although he used the more susceptible
weapons Of sarcasm and satire.
Denouncing the methods of the dis
trict attorney in handling the case he
suggested it might become necessary
to move from San Francisco to
America"
He told the jury it must accept one
Of two theories.
Either Miss Rape was on the
floor Of that bathroom. nauseated and
sick, as the defendant has told you
or she was In that room In the perfect
physical condition described by the
State. She vas either a sick woman
or a giantess. Very well. II she was
sick. IL she was in the condition de-
scribed by Mr.. Arbuckle, no man
could have been brutal enough to
attack her.
Heard No Outcry.
And IL she was the giantess de-
scribed by the State, with the lung
power attributed to her by their wit
nesses, do You think he could have
made such ap attack without the on
tire hotel knowing It? But on one
side of the dobr sat a witness for the
State-Zey Provost. And in the room
on the other aide. 1918. sat Mrs. Ian
cashire, a guest of the hotel. And
both of them said they heard no out
cry, no commotion. The windows
were open, the transom was open.
Do you think It possible for any such
thing to have happened without some
one having heard this girl protest
ing?"
Investigation continued today Of the
mysterious illness with which Miss
Irene Morgan, defense witness, WIS
seized late yesterday. 1t was charged
by defense counsel that she had been
deliberately poisoned.
Later this was amended by Milton
Cohen, who conducted the investiga-
ton. charged that Miss Morgan had
been doped for a purpose" In1e-
pendent Investigators found evidence
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