Capital journal. (Salem, Or.) 1919-1980, 1921-09-29
FATTY is
ALLOWED
FREEDOM
Murder Charge Fails
And Arbuckle Is Re-
leased On $1,000 Bail
by Judge

San Francisco, sept ieoo>S'
(Fatty) Arbuckle walked out o
the city prison late "Wednesday
after Is days of imprisonment, re-
leased on $4,000 bail, the charg'
Of the murder Of Miss Virginii
Rappe having been reduced t
manslaughter after a six-day po'
lice court hearing.
Not enough evidence was intro
duced to warrant Arbuckle being
held to answer for murder, Police
Judge Lazarus said in reducing tnt
charge. There was enough In AT
buckles conduct at the drinking
party at the Hotel st. Francis
which led to Miss Rappe's death, te
Justify his being held for man
slaughter, however. he announced
Al trace of Arbuckle's famous
motion picture smile was restored
to his face by. his release. but he
had no statement to make beyond
saying thank you" to various
people who shook his hand and
said Congratulations, Roscoe.
He left the prison in company with
his brother, A. G. Arbuclxle OF San
Francisco, and went to hotel,
where the announcement was
given out later that he would not
return to his home In Los Angeles
today, although he probably would
go south later.
Assistant District Attorney
Golden and Milton T. U'Ren. who
prosecuted the police court hear
ing, objected vigorously to Judge
Lazarus decision, saying they felt
Miss Rappe's screams, Il am dy-
ing; he hurt me- when she was
found in agony were sufficient evil
dence alone to warrant Arbuckle's
being tried on murder charge.
District Attorney Brady announ-
ced that statement regarding the
case would be given out later.
Two manslaughter charges now
are pending against the film COM
edian, as the county grand jury re-
turned an indictment against him
two weeks ago. Arrangement on
that accusation has been set for
October 8. Today's police court
proceedings require the district at
torney 10 file an information
charging manslaughter In the SUI
perior court within 80 days.
The fact that the district attor-
ney failed to put the complaining
witness, Mrs. Bambina belmont,
on the stand, wss commented on
by both Judge Lazarus and the de-
fense. The Judge said he was dis
appointed that the prosecution
had put on q mere skeleton Of a.
case. admittedly barely sufficient
to warrant holding, while Frank
Dominguez, Arbuckle's chief coun-
sci, asserted that II Mrs. belmont
were to testify he would prove her
accusations were falsehoods.
II feel that there was no rapel
or attempted raps committed by
the defendant" said Judge Lag
arus. "The only one who testi-
mony might have connected him
with the commission of crime
was that Of the nervous hotel
chambermaid. who heard from the
corridor the cry of woman's mo,
no. oh, my God---on, my Godl' and
a mans reply, oh, shut up!'
Assistant District Attorney
U'Ren asked II he placed no stress
on Miss Rappe's screams of agony
and her cry Il am dying. He hurt
me-" but the judge replied that he
did not consider It of sufficient
to justify charging Ar
buckle with murder. Other acts
OF Arbuckle, such as battery
might have been committed. which
would warrant a manslaughter
charge. however. he said.
Evidence has been given OF al
legged ribal conduct of the de-
fendant regarding the use of ice,
the court added, 'but il has no
with any possible in
iuries received by the deceased, al
though 1t was a regrettabIe Incl
dent" Judge Lazarus declaring
and explaining that certain other
indicated use of ice at
another time was too flimsy to
consider.