The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1921-12-05
ARBUCKLE JURY
CONTINUED Prom rage Une'I

bucklA had been given a "tair and non
est trial" and complimented the jurors
who held out for conviction as having
courage and determination. Tie vas
not In court when the jury reported.
II had hoped tho jury would reacA
an agreement" he said. II confidently
expected a verdict Of guilty upon the
evidence presented. IN my opinion tho
disa greement does not vind:rate Roscoe
Arbuckle. 4 ~v.udicat:on could como
only attere q quick unanimous verdict
II was my duty to present tho facts I"
n jury. This have done though op-
posed by wealth. power and influence
RagSard and Worn.
The members OF the jury looked haS-
gard and worn when they filed into the
little court room. over wh!'h a d%2
bush had settled. and took their seats
The foreman. August Fr!tze. informed
the court "a IL physically and morally
~impossiblc for US 20 reach a verdict.
At the request oc the court. he an
nounced the final ballot. Superior Judge
Harold I.~uderhacl. who tried the case.
then told the jury he wanted 10 deter
mine IL further dcliberation might re-
suit In n verdict.
1T is not my desire 10 force any UNI
certain hardship on YOU, he said. 'out
this case has taken three weeks TO try
and has been conducted at great cS-
pease. II you can come 20 a verdict
consc:entiously. | desire you TO do 50.
Impossible to Agree.
He then ASKED each juror f." an op."-
ion on the matter OF tho continued Oa'-
lotinC and each answered emphaticaHE
that il would be impossible TO reach /"
verdict.
The members OF the jury refused 70
make statements Of ANY k!nd betoE"
leaving the building. After reporting 10
The court they were escorted TO a side
street by deputy sheriffs and taken L.
their homes il automobiles. Fritse let
j., be known later. however, that NJ OK
pected 10 make Il statement. Ac"urh-hG
10 Gavin McNab. chef defense co"A'>
while this. through IL" techn!caN-
ties or the law. IS not a legal acquittaI'
morally IL Is such" ArbuCkie said In
discussing the jury's inability TO agree,
Arbucxls's Statement.
Arbuckle was charged with having
Inflicted a fatal injury on MSS Virginia
harpe. 4 motion picture actress. a; II
PARTY in his rooms in the Hotel st.
Francis last September.
The undisputrd nd uncontradicted
testimony established thar my only con-
nection with the sad affair was OF
a merc;ful service, and tho fact tha'
or,l,no-v human Kindness should have
brought upon NE this traEedH has
seemed a cruel ronE." ArImc%l" said
m a statement. Il have sought to hrinG
joy and EladaeSs and merrimcnt tn;o
the world. and why THIS great niSfor-
tune should have fallen upon mo Is "
mystery that only God can. and viii.
some day. ~rercai.
At,er stating that lie rested his cause
in divine justice and confidence" ~ tho
fairness OF the American pcop!e. NJ
buckle concluded with the declaration
that no act Of mine ever has. and
promise that no act Of rnine ever shall.
cause thew 70 regret their faith in me -
The Two CONVENTIONS
Arhuck,e'S defense was that he was
ass sting Miss Rape through n period
or Illness. caused. according to tho de
tense. by interra, disorder ~ the time
he Is alleged lr tie prosecution TO have
injured her. The prosecution h";d that
tie ,nIury resulted from an attempt by
Ar6uckle 10 attac,; the actress.
"Ureil Hell Trors over"
-NthlSl IlAlENg
bucEle jury. ISSUED u signed statement
, Tonight saving that enc OF the woman
J Jurors. who was in the minority. re-
fused 10 con.!der the evidence from the
beginning and declared that "-he would
,ast her ballot and weld not change II
until hell fro2e over
rhe-. were two jurors who voted tor
tnuy;, ton. a",o-dng {" Tr.tze. His
siPt"mrnt follows:
Il maze this statement as a duty tc
the public.
There was a ttCit understanding tHa'
the members OF the Jury would no.
r.ak~ individual statements. I have
learned since that 4 number OF the jury
have. howc.c~. done 80. and ! believe
MS foreman. that it 70 well for those in
te"c4tcd In The administrator ~ jus
ike ''.t the citizens OF san Francisco
should have facts.
The ten memoirs or the jury who
voted on the LAST ballot for acquittAl
fc,t that the voted on the evidence
fully considering 1t all. One OF the TIVE
minority refused to consider Inc eN
aenc. from the beginning. ard said, a
the onening OF the proceedings that sh'
would cast her ballot and would no
,haaee It 'until he. frozc over. Tn
other WAS f~!uctuat.nC. sometimes cast
ins q bank Ballot. sometimes voting
for the detanse. and sometimes Notnl
for the prosecution.
"consiCnr.ng all the e;id2n'e t seem
cd 10 us that The prose rUtor's case wa!
an insult 10 tie Intelligence Of the jury
II asked us 10 substitute conjecture 10
facts. without showing a had bee
done. and asl.ed as us to guess villa
might have been done and TO guess oni,
ore VA.
Human liberty and American right
sho,.'d depend. not upon IN" guesses 0
ANYBODY, but upon evidence.