The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-11-23
Clearing of Charge Not to Sat
isfy Comedian.
Defense Is Fighting to Vindi-
cate Honor of Accused.
FINGER PRINTS BROUGHT IN
State Blocks Two Attempts to
Change Evidence.
Prosecution Has Rested Its
Case-DOctOr on Stand.

San Francisco Nov. 23.-The seven
men and five women sitting in judg-
ment of Roscoe Fatty Arbuckle,
charged with manslaughter in con-
nection with the death of Virginia
Rape, were expected to hear a third
picture painted of the party at a local
hotel following which Miss Rappe
collapsed and died.
The first version they heard was
from the lips of ley Prevon and Alice
Blake, show girls and guests at Fat
tvs" gay gin and Scotch jo1lifica-
The second was a "racy keyhole''
version from the lips of Josephine
Keza, hotel chambermaid on duty on
the twelfth floor of the St. Francis
work to watch and listen.
Today the male guests at the party
were to be called upon by the defense
to tell of the party they saw it.
Drew Big House.
FATTY" drew an overlooking house
today. The public seemed more in
terested in what would be said in his
defense than in the prosecution The
IS. r. O." sign was hung out early
and long queues of men and women
waiting for seats were formed by the
police in the corridors extending down
to the next floor
DIR. Olaf Kaarboe. first physician
called to attend Virginia Rape after
her collapse, was the first witness
called today by the defense
Doctor Kaarboe said he was called
to room 1927 of the St. Francis about
4;45 p m, Monday, September s. by
Assistant Manager Boyle of the hotel
| When he entered the room, he stated,
he observed two women on the bed,
one underneath the bed clothing and
the other on top of the bed. Virginia
Rape was in bed. he added
T. DID you talk with either of them %
he was asked.
yes" he answered, at asked if any,
one had been hurt OF injured"
Here the state objected to the intro
| duction of this conversation as not
| being part of the res gestae.
| Virginia in No Pain.
Doctor Kaarboe was finally permit
ted to tell of his examination of the
| patient
| It found her pulse and heart nor
NAL" he said.
Il asked her if she had been in
| jured and she shook her head
| lifted her head and repeated the same
| question and she replied in the same
| manner, as if she did not desire to be
bothered.
| Miss Rape was quiet and was ex-
| hibiting no evidence of pain.
| There was alcohol noticeable on
| her breath.
1.-The patient did not respond when
| pressed upon her abdomen
| There were no bruise spots appar-
ent hen examined her from the
waist upward
| Doctor Kaarboe said he did not. do
| anything further for the patient, as
| he did not think medical treatment
| vas necessary.
| Arbuckle was fighting today for
vindication, his defense indicated to-
1--WE want to make the defense case
| so complete and so convincing that not
| only will this defendant be acquitted
but so he will stand indicated" Gavin
| McNab, his chief counsel, said today.
Two upsets at the outstart of the
| defense in no way disheartened Nc
/ Nab and his associates. 1t was learned
today it is the intention of the defense
| to set up a theory to account for the
| happenings construed by the state as
| evidence of the film stars guilt so
| simple and common sense as to have
been overlooked by the prosecution
FATTY To Go on Stand.
"Fatty'' is likely to take the stand
in his own defense. This is a matter
| which probably will not be finally de-
| termined until a few minutes before
the comedian takes the stand.
"Arbuckle is ready and willing to
take the stand-in fact, anxious to do
So, a member of the defense counsel
tsaid. THE progress of the case will
| decide
I'VE hope he does" was the COM
| ment of District Attorney Brady. II
have contended from the first there
were but two persons who could ex-
plain what happened in room 1919 at
the Arbuckle party. If Arbuckle won't
mo one else can
But" he added, significantly, I'VE
will give him a warm afternoon II he
takes the stand"
Hurry to Repair Damage.
The defense on opening somewhat
| disarranged their witness schedule IN
order to repair with as much haste as
| possible damaging evidence given by
Dr. E. O.. Heinrich'S consulting Grim
inologist, who, in true sherlock
| Holmes style. identified the hand
print of a woman with the hand of
man superimposed on the door of
room 1919 as those of Virginia Rape
land Roscoe Arbuckle.
| Miss Kate Brennan, a housemaid at
the St Francis, was called to tell the
jury that she thoroly busted the door
in question with cloth twice the aft
ernoon and evening after the party.
| The two upSets suffered by the de-
tense were the failure to get into tes-
timony an alleged statement of Vir-
ginia Rape the evening of the party
made in the presence of George Glen
non, former hotel house detective, and
also failure to get into testimony a
statement of Miss Hamilton, trained
| nurse, w--o attended Miss Rape, as
to her physical condition. In both
| cases the state objected and won
Judge Louderbacks decision.
| The defense had counted heavily
on Glennon's testimony as it is I'M
| derStood as they expected him to say
that Virginia Rape atsolved Ar
| buckle of blame. Miss Hamilton's
| statement was important because it
| laid the basis for hyp Thesis OF, hypo-
| thetical questions to be asked noted
medical men who will testify later for
the defense.
| Today's evidence will probably rep
resent largely an effort to tear down
the states case. An occupant of
rooms close to the A-buck1e suite will
be called to deny that a woman's
| screams were heard at the time