The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-09-29
Film Comedian Held to Answer
Manslaughter Charge.
Goes to Los Angeles Home After
Eighteen Days in Cell.
PRISONER is CONGRATULATED
Judge, in Dismissing Murder
Charge, Scores Witnesses.
Declares Present Day Moral
Code Is on Trial.


Fatty" Arbuckle. free today after
eighteen days Imprisonment, and
happy in the knowledge that he will
not be forced to stand tr al for murder
as result of the death of Virginia
Rappe, film actress, prepared to re-
turn to Los Angeles.
Almost mobbed by scores of women
who desired to shake his hand and
shower congratulations on him fol-
lowing announcement of Judge
Lazarus decision late yesterday which
held the comedian for manslaughter
but dismissed the murder charge de-
manded by District Attorney Brady,
Arbuckle last night sought seclusion.
From the city Jail following his re-
lease on bail two hours after Judge
Lazarus had dismissed the murder
charge, Arbuckle went by automobile
to the home of his brother, A. c.
Arbuckle, for dinner From there he
disappeared from public view. Frank
Dominguez, his chief counsel. an
nounced that Arbuckle would leave for
Los Angeles tonight
Thanks. I'm glad it's all over. for
a time at least" was the extent of the
film fun makers comment on the
decision of the court which he received
perhaps more calmly than any one
else in the court room. But his miss
ing smile reappeared to express his
feelings.
Won't Force Indictment.
District Attorney Brady has thirty
days in which to file the informatio
based on the finding of Judge Lazarus
yesterday. He has announced he will
proceed on the police court holding
rather than the grand jury indictment.
which will be permitted to die. After
the filing of the information, Arbuckle
VIII appear and enter his plea, after
which a date for trial will be set
"A trial within sixty days" seemed
to be the consensus of opinion of at
torneys on both sides today.
The decision of Judge Lazarus was
bitter disappointment to District At
torney Brady and his staff.
This action of Judge Larazus in
holding the defendant to answer on a
charge of manslaughter is wholly mys-
tifying, said a statement issued by
Brady. THE very fact that he had
held the defendant to answer on a
charge of manslaughter is demon
stration that he should have been held
upon charge of murder"
However. the decison of Judge Lag
arus seemed well received, especially
among the women who sat thruout
the hearing. While many of their
number were congratulating Arbuckle,
other scores were thanking and con-
graduating Judge Lazarus, whose
mastery summing up of the case won
the admiration of all.
No Murder Indicated.
NOW, remember, gentlemen, SAID
the judge, in closing, that murder is
the most serious crime known to the
criminal law. The question for me to
decide is whether, under the facts ad-
duced by the prosecution here, 1 am
justified in accepting the RESPONSE
bility of sending this man up to the su-
perior court for trial on the grievous
charge of murder.
And my conclusion is, counsel. that
under the circumstances I have no
such justification. However, 1 have
decided to make holding on the
ground of manslaughter, feeling that
there is enough in the conduct of the
defendant justifying some possible de-
fense or explanation on his part.
Now. in order to warrant a holding
for murder, it would be necessary for
me. first, to determine and feel that
this man, the defendant here had
committed a felony, and that in the
performance of that felony, injuries
were suffered by her that resulted in
her death. 1 feel that no felony or at
tempted felony has been proved here.
There may have been other Incl
dents that happened in that room
acts of the present defendant other
than a felony, which caused the in
juries which resulted in her death.
Il now make a ruling by which I
hold the defendant, Roscoe Arbuckle,
for trial before the superior court of
this county on a charge of manslaugh-
ter.
witnesses Arc Scored.
THE testimony of some of>the wit
nesses was perfectly worthless" Judge
Lazarus declared during the course of
his address to- counsel THE only
witness in the entire case who by any
slant or circumstance gave any direct
testimony by any possibility bearing
upon the guilt or Innocence of the de-
fendant, was the nervous chamber
maid who appeared as the last witness
for the prosecution.
Early in his remarks, the Judge
characterized the case as a really
important one"
I'VE need not disguise that fact, or
beguile ourselves into the idea that
we are handling here just the or
binary trivial case. if you wish to put
it that way, which frequently comes
up in the police court" he continued.
Public opinion on Trial.
'I will say this: That, in my opin-
ion. we are not trying Roscoe Ar
buckle alone; we are not trying the
screen celebrity who has given Joy
and pleasure to the entire world; we
are actually, gentlemen, in a large
sense, trying ourselves.
I'VE are trying our present day
Morals, our present day social condi-
tions. our present day looseness of
thought and lack of social balance.
The issue is really and truly larger
than the guilt or innocence of this
poor, unfortunate man: the issue is
universal and grows out of conditions
which are a matter of comment and
notoriety and apprehension to every
true lover and protector of our
American institutions"
Flames Consume $4,000 BbIs. Gasoline
Beaumont. Tex, Sept. 29.-Four
b5,000-barrel tanks of gasoline were
burned today at the Magnolia refin-
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