The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1921-09-29
EVIDENCE DOES
NOT WARRANT A
MURDER CHARGE
Decision Of Police Court Judge
Sylvan J. Lazarus in San
Francisco.
NO COMMENT MADE BY
ARBUCKLE ON DECISION
Prisoner Is Released From Jail
on Cash Bail of Five Thou
sand Dollars.

SAN FRANCISCO. Sept. 2s-The mur-
der complaint against Roscoe c. ("Fatty'')
Arbuckle was reduced 10 manslaughter
today BY Police Judge Sylvan D. Lazarus,
who held him to answer to the superior
court FOR trial on the lesser charge grow
Ing out OF the death OF Miss Virginia
Rappe, following a drinking party in Ar
buckles hotel suite here.
Judge Lazarus added that the evidence
introduced by the district attorney dur
Ing the six-day hearing did not warrant
tbe comedians being held for murder.
Miss Rappe, Los Angeles motion picture
actress, died September 3. four days after
the affair IN ArbucilIe's rooms.
II have decided to make holding for
granddaughter. finding there is enough in
Z the defendants conduct TO warrant his
trial on that charge, said Judge Lazarus.
II feel no rape or attempted rape was
committed by the defendant on Miss
Rappe" he said
II feel also bound by the grand jury
whose Indictment for manslaughter was
voted after having more evidence than I
was permitted to hear
Arbuclsle heard the decision without
movement or comment
The district attorney moved that AR
buckle be released on his own recogniz-
anee in view Of the bail Of $4,000 cash or
$4,000 bonds fixed by the superior court
charge of granddaughter growing out OF a
grand jury Indictment.
AS court adjourned a dozen women
rushed forward TO shake Arbuckle's hand
~ he went into the Judges chambers his
wife. AIRS. Mimic Durfee ArbuciSIe. coli
lapaed. and ne held her up and quieted
her IN an affectionate manner. Her
mother, Mrs. Flora Durfee. meanwhile,
smoothedehis hair back from the come
dlan's forehead.
The weil-known Arbuclxle smile did not
appear however, and he merely said: /:
Thank you" IA response to the hand
shakes and greetings OF congratulations,
Roscoe from various people.
Assistant District Attorney Milton T.
U'ren and rsadore Golden asked Judge
Lazarus II he placed no credence OF
Miss Rappe's cries. che hurt me-. or
screams heard by the hotel maid. but the
court said they were not sufficient to
impIicate Arbuckle IN the commission Of
a crime" The district attorneys aides
also contended that the court could only
either hold the defendant TO answer for
murder, or dismiss the case altogether.
but Judge Lazarus said that was not his
understanding Of the law
When the hearing was resumed today.
Judge Lazarus began a discussion OF the
case.
owe need not disguise the fact that
this Is an important case. In my opinion
We are not trying Roscoe ArbuclSie alone.
the screen celebrity who has given mirth
to the whole world. We are, in a sense,
trying ourselves, our morals. our present.
day social standards The question is
larger than the guilt OF this unfortunate.
Il Is a universal issue.
"The affair was the elimination OF an
orgy at ono Of our leading hostelries. An
orgy unrepressed by the management Is,
I take IL, common thing In our big
cities.
Il had really hoped that this court
would be the avenue for full and COM
piete revelation of an the facts so the
public Of the entire world would have the
opportunity 70 ascertain this widely
known defendants guilt or innocence.
''The testimony heard shows that dur
ing the whole afternoon there went on.
let US charitably say, festivities. Men
and women were coming and going so
that Witnesses are unable to say who
were the occupants at any particular
hour.
much liquor was drunk and the com
planning witness in particular was in an
inebriated condition.
s'Miss Rappe according to the picture
have tried TO draw OF the event. went
into room 1919 Of this hotel. followed.
without previous conversation by the de-
fendant
s'They remained there about three
quarters Of an hour according to Miss
Zch Prevost's testimony. No sounds were
heard by the rest OF the party
stThen the complaining witness and
Miss Provost made clamor at the door.
which was opened by the defendant. aud
these two ladies' entered the room.
'srhey found Miss Rape lying on a
bed. fully clothed and apparently in
agony. She was clutching at her clothing
and with the assistance Of her women
companions she was completely disrohed.
I thought some OF the torn garments
might bear on the point at issue. but
from the prosecutions own witnesses It
appears they must have been torn In be-
ing removed"
Assistance District Attorney Isadore
Golden interrupted with the assertion that
the evidence showed one Of the garn sn's
must have been torn off
Tho court said he could not see any
Significance ia certain other testimony in
tfoduced BY the prosecution.
Evidence has been given regarding al
legged rihald conduct q the defendant re-
garding the use of ice. but ii had no
tcontinued on rage Two)