Evening star., 1921-09-29
Plan EARLY TRIAL
OF FILM COMEDIAN
:,
MbuckIe, Held on Charge OF
= MansIaughter, Is Out on
IL $1,000 Bail.
i, yh. Associated Press.


SAN FRANCISCO. September %
Roscoe C. Arbuck1e. at liberty To-Day
al, Sc. 900 bond after a two-week pre-
lfminary hearing on charge OF mur-
der in connection with the death OF
Miss Virginia Rappe, motion picture
actress, will be tried on charge OF
niianslaughter within few DAYS IL
present plans of Matthew Brady oiS-
trict attorney, materialise.
/ Two such charges are penang
Seainst Arbuckle-one being placed
yesterday when. at the conclusion OF
fhe hearing before Sylvan j. Lazarus,
nolice Judge, the murder charge was
amended, and the other having peen
3eturned recently by county sraho
S,rv which Investigated the hotel
Sarty given by Arbuckle and at whicn
1he state contends the young woman
Lceived injuries which caused her
(eath.
Freed on $500 Bail.
Arbuckle regained his freedom
shortly after the preliminary hearing
Was ended. He already had on ae-
1osit $4,000 bail in connection win
he indictment, and this was trans
xarred IN cover the proceedings aris-
Ae from Mrs. Delmonts compliant I.
On the grand jury accusation ne was
ilaced ION his own recognizance u
1eturn October 3. ,.
THAT date had been set several Gays
sgo, but Brady announced iate iaS' .S
Ticht that II he could, he would util-
lie it to bring Arbuckle to triai on
Ae belmont complaint, as modineo
yesterday by Judge Lazarus.
whether he would be able 10 nave
Arbuckle appear to answer 10 one
complaint and then try him on an.
other one the same date he was NOT
sure. he said, but declared he wouio
nv. since both complaints charge the
same ofrense, arising from the same
circumstances Brady's reason Tor
this attempt, he stated. was that ne
Wished to avoid furnishing the oe-
fense attorneys with transcript OF
the evidence before the grand jury
Brady Aroused by Ruling.
The district attorney in a long
statement last night said that Judge
lazarus had accorded Arbuckles case
unusual treatment ana cnarsen ua,
s.if Roscoe Arbuckle were unknown
Snd unimportant he would have been
held for murder and treated precise
IL the same as were other defendants
Of disrepute."
SBrady's statement quoted Judge
lazarus as having said in court:
1.-THE district attorney has attempt
II to give us the impression that the
rfroof required in this present case
1arranting a holding should not &c
Any further than would be required
DR. necessary in any other case. but
q say that this is really an important
case; we need not disguise that fact
Dr. beguile ourselves into the iaea es
that we are handling here just the
ordinary trivial case. If you wish to
nut it that way, which frequently
comes up in the police court.
fThe district attorney declared Judge
lazarus action in holding Arbuckie
for manslaughter to be wholly mys-
ufying."
cites Law In Such Cases.
brady then cited the law as defin-
ing deaths ensuing from felonious
Scts as murder and those resulting
from misdemeanors to be mansiausn-
ter and continued:
Judge Lazarus took the view that
the killing of Virginia Rape may
Have resulted from wholly innocent
and trivial act, and said the defend
ant may have slapped sher and been
guilty offnothing more than a simple
hattery 1t is true thatlthe defendant
did commit an act of battery upon
Virginia Rappe, but the testimony
shows he did a great deal more and
that these acts were entirely feloni-
oNs in their nature.
:"In holding the defendant to an
sswer upon charge Of manslaughter
Judge Lazarus admits that the evil
dence showed that the defendant was
cSiminally responsible for the death
OF Virginia Rappe.
s"If the defendant was crimfnally
responsible for her death, he should
have been tried for murder and not
fbr manslaughter. 1t is entirely i'm
Material that he did not intend to
Hill her.
f'Insofar as the amount of proof is
cbncerned. the law makes no distinc-
t1on between important cases and
trivial cases. Neither does the law
III its treatment of men make any
distinction between important de-
ffndants' and trivial defendants"
: Judges ManslauEhter Ruling.
81 have decided to make holding fol
manslaughter, finding there is enough
his trial on that charge" said Judge
Lazarus.
III feel no rape or attempted rape was
committed by the defendant on Miss
RAppe." he said.
,;sT feel also bound by the grand jury
whose indictment for manslaughter was
voted after having more evidence thar
/ was permitted to hear"
Arbuckle heard the decision without
movement or comment.
The district attorney moved that Ar.
buckle be released on his own recog.
nizance in view of the bail of $1,000 cash
or $4,000 bonds fixed in the superior
court charge of manslaughter growing
out of grand jury indictment.
Z; Arbuckle's Smile Returns.
while the formalities of bail wer.
being arranged. Arbuckle went back tt