The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-11-24
Cause of Virginia Rappe's
Death CIOuded by Physicians.
Defense Will Put ArbuekIe on
the Stand.
He WILL DENY ANY ATTACK
Film Comedian to Say He OBJ
served Rules for Gentlemen.
Many Defense witnesses Will
Not Be Called.

San Francisco. Nov. "a! - Roscoe
Fatty" Arbuckle. on trial for man
slaughter. wants to take the stand in
his own defense. He believes his
story would clinch in the minds OF
the jury and the public his innocence.
And as matters stand, he will be
permitted to take the stand in his own
defense probably as the last witness.
But this decision of his counsel is sub
pect to change. It will be Gavin NC
Nab, this vetren trial attorney. who
will say the word
"Ill make the decision finally when
the moment arrives" McNab said to-
day, as he worked with his big staff
Of assistants utilizing the holiday to
check up on the large number Of wit
nesses remaining on the defense list.
Many Not To Testify.
Many OF these defense witnesses win
be eliminated. The defense believes
they have now established a reason
able doubt in the minds of the jury.
But they want to go further. they say,
and absolutely clinch the case.
Arbuckle's story, if he takes the
stand, will be a simple one. In way
of preparation for il, the defense ex-
poets to demonstrate by the clock"
that ArbuckIe was in room 1918 of his
hotel suite alone with Virginia Rappe
only tan minutes instead or an hour,
as claimed by the state.
The film comedian will relate that.
noticing Miss Rappe had been seized
with nausea, he accompanied her to
the room and there led her TO bed
and held her head and attempted to
soothe her. Failing. she became hys-
terical and it was at this point he
opened the door in order that others
present might render her assistance.
He will deny that his relations with
the girl were other than those of u
gentleman.
To Ask Explanation.
The chief reason impelling counsel
for Arbuckle to a decision to have
him take the stand is the knowledge
that his failure to do so viii provide
District Attorney Matthew Brady with
a5owerful a argument to the jury in the
final Summing up of the case.
Brady VIII ask why the defendant
did not explain events of Labor day
afternoon if he had nothing to fear.
On the other hand. they realize that
II the film star takes the stand. the
district attorney on cross examination
is prepared to ask many unpleasant
questions and doubtless will endeavor
to bring in spicy details of the Ar
buckle party.
Many Death Theories.
To date in support of its theory that
Virginia Rape came to her injuries
in some manner other than assault by
Arbuckle, the defense has advanced
number of possibilities:
/. That immersion in a cold bath
caused the ruptured bladder by mus
cular contra ction.
2. That vomiting produced suffi-
cient violent contractions to effect a
rupture.
3. That spontaneous rupture may
have occurred thru the over distension
of the organ as a result of drinking
alcoholic drinks in excess.
a. That a partial rupture could have
existed for days without the victims
knowledge
Too Many Experts.
Dr. A. w Collins. defense expert.
suggested all these possibilities and a
few more. The state was convinced
when they closed his cross examina-
tion that they had shattered his testi-
mony. They expect to call their own
experts in rebuttai.
But both sides admit the effect OF
expert testimony on a jury Is prob
lematical. Its high technicality some
times materially affects it's weight
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