The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-11-29
MUST TEAR DOWN
Prosecution in ArbuckIe Case
Begins Its Rebuttal.
Truth and Veracity of Wit
neSSeS To Be Attacked.
DEFENDANTS STORY COMPL PLETE
Comedian Ayers Story Told
First Time in Court.
Not Possible for Verdict Before
Saturday Now.
DEFENDANTS STORY COMPL LETE

San Francisco, Nov. 29.-ShudderS
passed thru the court room today as
the most gruesome exhibit of the en-
tire trial of Roscoe Fatty" Arbuckle
vas placed in evidence.
Michael Brown, deputy coroner
identified the organs removed from
autopsy which had been preserved in
a glass Jar. This was for the purpose
of securing a microscopic examina-
ton. The exhibit was placed in the
hands of Doctor Ophules. who with
two other physicians on orders of the
court will make the examination.
Altho the state had forty rebuttal
as court convened, District Attorney
Brady might close his rebuttal to-
night.
Fatty Told F1awless Story.
The state was confronted today
with the task Of pulling down an i'm
posing structure of innocence built
up by counsel defending Roscoe
FATTY" Arbuckle, charged with man
slaughter. the keystone of which was
the simple yet flawless story told on
the stand by the defendant himself
In rebuttal. the state may attack
only such evidence as was presented
by the defense. And so skilfully did
the defense build their case that there
is but little left II attack. By elimi-
mating character witnesses. the de-
| fense left no loophole thru which the
state might bring in the tales of other
gay parties to confound the obese
comedian.
State to Attack Veracity.
Witnesses who testified for the de-
fense, including Arbuckle, may be at
tackled in rebuttal as to truth and
veracity. Some of the witnesses will
be attacked but. the defense so built
its case that no point depends upon
the testimony of any one witness.
The state expects to take close to
| two days on rebuttal. There remains
to be placed in evidence a report OF
three physicians who were commits
stoned by the court to make a micro
Rape to determine whether it was
diseased. This testimony, due to a
misunderstanding. was not gotten un-
der way until today and may not be
completed before Thursday.
The state has some valuable rebut-
.
Fox of Chicago. She will, it is under
stood, refute testimony of defense wit
nesses to the effect that during her
early days in the Windy city, Virginia
! Rappe displayed a propensity to tear
off her clothing when attacked by yjo-
lent pains.
Aims at Sweethcart's Testimony.
1t is understood the state aims at
particularly discrediting testimony OF
Harry +. Barker, one-time sweetheart
OF Virginia Rappe. District Attorney
Brady and his associates We're in no
way dismayed today over the showing
made by Arbuckle on the stand.
Ihey attached great importance to
the flnal statement drawn from Ar
buckle by Assistant District Attorney
! Leo Friedman
Did you tell anyone on the 5th day
, OF September, in those rooms at the
st. Francis hotel, anyone at all, that
i you had found Miss Rappe lying be-
tween the large bed and the small bed
| in room 1919 apparently writhing in
! pain?" asked Friedman.
No" replied Arbuckle.
When was the first time you told
! anybody that you had found Miss
/ Rappe in the bathroom of room 1919 p
queried the prosecutor.
| Il told Mr.. Dominguez," replied Ar
! buckle, when 1 was put in Jail;
| told him the whole story"
Told Only Attorneys.
"And from the time that you found
Miss Rappe in the bathroom in room
1919 until you told your story to Mr.
| Dominguez in jail in this city and
/ county, had you ever told anybody thai
you had found Miss Rape in the
bathroom of 1919 upon the floor and
! that she had been vomiting" asked
| Friedman.
| mo" said Fatty"
! "And. from the time that you told II
! to Mr.. Dominguez in the jail here
when was the next time that you ever
told that to anyone?"
''I told it to Mr.. McNab," said Ar
buckle.
I "And with the exception of your
counsel, have you ever told that tc
any one?" was the final query.
8 mo, sir" was Arbuckle's reply.
May Need 18th Juror.
There was a possibility that juror
A. H. Crane would not be able to con
tinue his duties today. He became ii
I yesterday and at noon a doctor at
: tended him. The doctor was in at
/ tendance also last night.
In the event of his illness necessi-
! tating his withdrawal. the thirteenth
juror selected at the beginning of tn
start will take his seat in the box
J Rebuttal witnesses are expected tC
! consume two days and a verdict is mo-
/ expected before Saturday.