The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-11-26
ArbuckIe Defense Turns Guns
on Finger Print Testimony.
Former Sweetheart of Virginia
Is Surprise Witness.
CANNOT CLOSE CASE TO-DAY
Saturday Half Holiday Carries
Trial to Next Week.
State Scores One Point on
CrOSs-ExaminatiOn.

San Francisco. Cal, Nov. 26.-The
defense will close Monday in the man
slaughter trial of Roscoe c. Fatty
Arbuckle, in connection with the
death of Virginia Rappe, Gavin Nc
Nab, chief defense counsel, announced
in court today.
Harry B. Barker, rancher of the
Stockton district and a friend OF Miss
Rappe, took the stand at the opening
of the court for the completion of his
cross examination, which was begun
yesterday.
Attack Finger Print Testimony.
The defense of Roscoe Fatty" Ar
buckle today turned their guns on the
finger print evidence adduced by the
state to support it's charge of man-
slaughter against the film comedian:
Several experts were among the
witnesses summoned today. They
were to testify in brief that the claim
of Dr. Z. o. Heinrichs. that he had
discovered an impression of the hand
of Virginia Rappe with that of Ar
buckle super-imposed over it on the
door to room 1919 at the st. Francis
hotel, where the fatal party was held,
was ridiculous"
Cannot Close Today.
While the main barrier today was
to be directed at this point, the de-
fense planned to keep up support
ing fire of evidence to that given yes
nurse, and Harry B. Barker, one time
sweetheart of the dead girl, that on
many occasions she suffered great
pain from attacks of bladder trouble
and on these occasions tore her cloth
ing off in her paroxysms.
The Saturday half holiday prevent
ed the defense from closing their case
as planned today. However, Gavin
McNab announced as he went into
court this morning that, barring the
unexpected, the defense would rest
some time Monday. Whether Ar
buckle will take the stand remains to
be seen. While his attorneys give the
impression that it has been decided
to have him take the stand, it may
be regarded as doubtful.
Former Flame on Stand.
The surprise witness of the ,ntire
case was Barker. 1t revealed a ro-
nance of the early days of Virginia
Rape in Chicago. Barker, who now
has a ranch in California and a real
estate business in Gary. Ind, was then
"on the road" He met Virginia
Rapne. he said. in 19lO-when the
state contends she was but 3 years
old-and "a warm friendship spranE
up which lasted four and a half
years"
Barker made Chicago only" and
when he did he went with Virginia" D"
Her grandmother usually accompanied
them to dinner and the thea-er, he
said. He described dinners ranging
from an Italian restaurant. where Vir-
ginia partook of too much red wine
to the Lasalle hotel, where he met
her the last time he saw her in Chi
cago. He declared he had seen her
the last two months before death.
State Scored Point.
At that time, he admitted on cross
examination, "she was looking her old
seif-always bright, high spirited and
full Of fun"
Barker underwent a grilling cross
examination. "he state scored when
they brought out that all the times to
which he testified that Virginia tore
her clothes while she lived with her
grandmother. now dead, and nene Of
them after she went to live with her
aunt, Mrs. Hardeback. now living
Barker will be questioned further to-
day.
The state may return to the stand
also Miss Morgan. She tainted while
under cross examination yesterday, but
despite this, sprung a sensation by in
timating detectives for the prosecu-
ton had attempted to prevent her
from testifying.
Call Fatty's Housckeeper.
Considerable speculation resulted
over the action of the state in sub
poenaing Miss Catherine Fitzgerald,
Of Los Angeles. 1t is understood Miss
Fitzgerald is the beautiful house
keeper in charge of Arbuckle's paIatiaI
Los Angeles home-untfi Mrs. Ar
buckle arrived.
She was summoned to be used as
rebuttal witness in the event Arbuckle
takes the stand. It is believed by the
state she could relate stories Of gay
parties at Arbuckle's home IL they
cared II have her do so The state.
however. has not disclosed Its purpose
in issuing the subpoena. which also
calls for the appearance Of five others
from the Los Angeles movie colony.
American Envoy In Berlin III.
Berlin. Nov. 26.-Ezis LorinE
Dresel, American charge d'affaires