The Washington herald., 1921-09-29
FREE ARBUCKLE
OF MURDERFOR
LESSER CHARGE
Released Under Bond for
Trial on Manslaughter
Count.
WOMEN IN COURT
SMILE AT VERDICT
Fatty Silent On Plans
Before He Will Face
Jury.

SAN FRANCISCO. Sept .2s.-Ros-
coe t"FattyD Arbuckle. famed
movie comedian. must face trial for
manslaughter. but not for murder.
Police Judge Sylvan Lazarus SO
ruled in the Police Court here late
today at the conclusion of Ar
buckles preliminary examination.
The courts order was that Ar
buckle be held for trial for man
slaughter and that the murder
charge against him be dismissed.
Soon after adjournment of court
Arbuckle's attorneys had COM
pleted the preparation of papers
and the numerous formalities of
furnishing bail. and Arbuckle was
given the bit of paper which per-
mitted him to walk the streets
with his fellow men.
Outside the hall of justice his big
car was awaiting him and it
whisked him away to a hotel.
Arbuckle's attorneys said that he
intended to leave for Los Angeles
in the morning. but there was a
belief that Fatty" might seek rest
and seclusion elsewhere--that he
was not too anxious to have those
not directly concerned know where
he would spend the next few days.
Arraignment in the Superior
Court will be the next step to be
taken in the prosecution of Ar
buckle. At that time he will plead
and the date of his trialsw be
set.
Arbuckles was plainly pleased and
courtroom spectators seemed to be.
too.
Fix Bail At 5000.
Judge Lazarus set the bail at
$4,000 bonds or $1,000 cash.
When the decision was announced.
club women from the audience
swarmed to the rail. which stood
between Arbuckle and the audience,
began wringing his hand, patting
him on the back and congratulating
him.
Arbuckle hardly changed express
sion. He looked about as sober as
he has always looked since his ar
rest two weeks and a half ago.
Minta Durfee, his wife, broke into
tears and wept with Joy on the biz
comedian's shoulder.
Arbuckle shook hands with the
club women with one hand and with
the other caressed his wife.
Club Woman Flags Prosecution.
Mrs. Emma Phillip Ina, one Of the
club women attending the trial,
pressed a book into Arbuckle's
hands. Its title was How to Be
Happy"
Mrs W. B. Hamilton, chairwoman
of the delegation of club women
watching the case, bitterly attacked
the prosecution.
1t was expected that an immediate.
assignment of Arbuckle's case to the
court of Superior Judge Ward
would be made.
The summing up of the case by
Judge Lazarus was leisurely, during
which he reviewed the fatal party
at the st. Francis Hotel.
ArbuckIe's Smile Missing.
Arbuckle listened intently. His
fate was in the balance. He played |
no part. He was all human being.
anxiouslS waiting to hear the ver-
dict.
Now, gentlemen" said Judge |
Lazarus, before making a decision,
the court will indulge in little
discussion.
There is just enough evidence
here, 1 may say barely enough, to
justify me holding the defendant
without further facts and circum-
stances which the district attorney |
said would establish the fact that |
Arbuckle is guilty of the crime of
murder.
This is an important case. We
are not trying Roscoe Arbuckle /!
alone. We are not trying the screen
celebrity who has given joy and
pleasure all over the world.
I'VE are trying ourselves, in a
large sense. We are trying our
rresent-day conditions. our present
day social life and lack of social
balance.
Says Issue Is Universal.
The issue is universal. and grows
from conditions which are matters
Of comment and apprehension to
every true lover and protector of
our American institutions.
In this is public lesson greater
than the district attorney would
have us understand
Much liquor was drunk at the
fatal party. despite the recent addi-
tion to the United States Constitu-
tion. The complaining witness, who |
was not put on the stand (Mrs. Del
mont), has been described as being |
in an inebriated condition.
Some of the witnesses have been |
absolutely worthless. particularly |
Semnacher. who occupied two days |
of the courts time.
Discredits Witnesses.
The only witness in the entire
case who gave any direct testimony |
on the guilt or innocence of the de- |
fendant was the nervous chamber
maid. Josephine Keza.
The question for me to decide IL
whether am justified In holding I,
the defendant for murder. And / !,
do not believe I am justified in |
sending him to trial on this grfevous
charge.
therefore. I hold him for trial |
on the charge of manslaughter."
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