The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-11-18
Last Move Made in Picking
Arbuckle's Jury.
Defense Holds Advantage to the
Very Last.
FIVE WOMEN SWORN IN
Recess Taken, Giving Brady
Time to Collect witnesses.
Juror and Prosecutor Hold Re-
eliminating Argument.

San Francisco, Nov. 1S.-The jury
of twelve men and women who will
determine the guilt or innocence of
Roscoe Fatty Arbuckle. who is be-
ing tried for manslaughter as a result
of the death of Virginia Rappe, was
selected and sworn fifteen minutes
after court reconvened for the fifth
session of the trial today.
The task of selecting alternate jur-
ors provided for under the California
law in the event of illness or death OF
any Of the original twelve men was
then undertaken.
Court Takes Recess.
Stephen E. Hopkins. the second
! talesman drawn, was selected and
sworn as the alternate. completing the
jury, which included five women
A short recess was then taken and
! 1t was said that the state would ask
adjournment until ? o'clock in order
, to bring their witnesses into court.
Wants To Be Tried by Women.
Following the recess, Judge Louder
bach addressed the jury and told them
while he did not desire to make their
| duties any more onerous than pos
sible, it was necessary in view of the
| Importance of the case to place them
/ deputy
| Judge I1ouderback then ordered a
| recess until 2 O'Clock as requested by
| the state.
4 am satisfied with the jury.
| am glad there are women on it.
| wouldn't care if they were all women.
am ready. Let's GO"
! Thus did the famour film comedian
| express himself at the completion Of
the jury.
L tried for six men and six wo-
men" said his chief counsel, Gavin
I McNab. Il think 1 did pretty we'll
| with seven men and five women.
believe Arbuckle completely inno-
cent"
TT is a good jury-a first class
one, said Milton URen. assistant dis
| trict attorney. who carried the burden
of its selection for the state.
| Was Game of Chess.
The game of chess which has been
| played here all week with women
members of the jury panel as pawns
and the future liberty Of Roscoe Fat
! ty'' Arbuckle as the prize, was ended
] today.
/ One or two more moves were needed
! this morning and the game was over.
Then the taking of testimony will be
gin. But meanwhile, old hands at
criminal practice will hold the case
was won or lost in the selection of the
! jury.
| Never in the memory of local
courts has a jury been selected with
| more care than has that which viii
1 sit in judgment on Americas heavy
weight laugh producer of the screen.
/ Many have been the comments on the
! high caliber of the Jury panel exam
! ined- And the jury now IN the box
unquestionably represents the cream
! of the panel
Women Were Pawns.
I Shifting the pawns about with per-
feet finesse, Prosecutor Brady ami
! Defender McNab for four days have
matched wits. The first move today
was made by Judge Harold Louder
/ back. Last night when a jury was
all but sworn, George r. Morgan.
/ one of the first jurors accepted. arose
and announced his state of mind
would not permit him to remain on
the jury. The state used its last per
emptory challenge threat held 40
| the last over the heads of the defense
to remove the talesman called in his
place. Then came /. c. Granfield.
who admitted an opinion favorable 70
/ the defendant but which he said
would not prevent him from render
ing fair verdict.
= Defense Has Advantage.
Their last peremptory challenge
, gone, the state fought bitterly to keep
him off the jury. The juror. smartfnE
under the attack. commenced a verbal
d
Judge Louderback halted him and ad-
jOurned court until today.
If he stays, an alternate juror-ths
thirteenth-wfll be selected to guard
! against mistrial in the event Of sick
ness of any of the first twelve n
Granfield is dismissed. his successor
must be chosen and then the thir-
teenth member.
fThe defense has its ace in the hole
to use if necessary peremptory
. challenge.
Five Women Selected.
1t seems certain that the Jury will
have on it five women=four Of them
/ married and one single Out of thlr-
teen women on the jury panel, twelve
have been drawn. There exists the
possibility that this last woman juror
may be drawn today and II accepted
win make the jury half women.