Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1921-12-05
dictate Roscoe Arbuckle. A vindica-

utcdL0 ROSCOE Z n tlnulcA-
ton could come only after a quick,
unanimous verdict. 1t was my duty to
present the facts to a jury. This I
have done though opposed by wealth,
power and influence
The members of the jury looked
haEgard and worn when they filed in
to tho little court roomMover which a
deep hush had settled and took their
seats. The foreman. August Fritze,
Informed the court lit is physically
and morally impossible for us to reach
"a verdict" At the request Of the court
he announced the final ballot division.
Superior Judge Harold. IOuderback.
Who tried the case, then told the jury
he wanted to determine if further de-
liberation might result in a verdict.
certain hardship on you" he said.
But this case has taken three weeks
TO try and, has been conducted ut
great expense, II o can come to a
verdict conscientiously; l desire you to.
So 81
Each Juror Questioned.
He then asked each juror for an
Eopinion. on the matter Of continued
bailoting and each answered en1pha-
ttcally that it would be impossible to
reach a verdict. .;tg.
The members of tho jury refused to
make statements of any kind before
leaving the building. After reporting
TO the court they We're escorted TO a
side street by deputy sieriffs and
taken to their homes in automobiles.
Frttzc let it be known later. however,
that he: expected TO make a statement.
according to Gavin McNab, chief de-
tense counsel.
--Arbucklc Makes Statement.
! while this, through the tcchnicaii-
ties Of the law. is not Il legal acquit-
tul. morally it is such" .Arbucklc said
in discussing the jury's inability to
agree. ID.
"The undispUtcd and un~contradicted
testimony established that myt unl%s
connection with the sad affair was one
of a merciful service and th3 factthut
Iord;nary human kindness should have
brought upon me this tragedy has
seemed 4 cruef wrong his sta tcment
I;cont.nued. Il have sought to bring
soy and gladness and m%errinlent into
lthe world and why this great misfor-
tuneishould have fallen upon me is Il
lmystcry that only God can, and will,
some day reveal"
After stating that he rested his
cause. in divine justice and tho con-
fidence of the fairness of the Ameri-
lean people," Arbuckle concluded with
lthe declaration that mo act of mine
lever has, and l promise that no act, of
mine cver shall. cause them, to regret
their faith in me-"
His Defense. -
u. A~rbuckle's defense was. that he was
assisting Miss Rape through Il period
of illness, caused, according to defense
contentious by an internally disorder,
lat the time he is alleged by the prose-
kcution to ''have vininred her. The
prosecution held that the injury re-
suited from an attempt by Arbuckle &c
+Yattack the actress. "
Statement by E'ritw.
August Fritze, foreman of the Ar
I buckle jury, issued Il signed statement
Hast night saying hat one of The WON
Ian jurors who was in the minority re-
Efused to consider the evidence from
1.-THE beginning and declared that ''she
would caAt her ballot and would not
change It until he'll frozc over"
There were two Jurors who voted
for cPnyictiop, according to Fritze
Hills statement. follows:
y make this statement as u duty tC
ikiNr pNptlt -E=. 1850. =. q, .+s 4
,ThercNwas IA. taci, understanding
Sthat The members of the jury would
mot make individual statements.
tJlave learned since that a number Of
the jury have, however. done so, ane
ILL believe. as foreman. that it is vel
for those Interested in the admin1stra
Etion Of justice that the citizen of Saf
francisco should haye facts.
The ten members Of tho jury whit
voted for acauittal, felt that they vot
cd on the evidence-fully considering
lit ais. One OF this two minority re
kfused to consider the evidence from
1.-THE beginning and said, at hi open
ring of the proceedings that she would
feast her ballot and would not chang
TT until hell froze over. The othe
was luctuating, some times casting
blank ballot-some times voting 70
the defense and some times voting TO
the prosecution. NJ
Considering all the evidence. 4
seemed to us that the prosecution
sease was an insult to the intelligence
OF the jury. 1t asked us to substitut
~eohjecture for facts without showing
What had been done. and asked lis +
guess what might have been done an,
to guess only one way.
Human liberty and American
ris hts should depend. not upon guess
cs of anybody. but upon evidence.
fs.Ened) AUGUST Fritze."
tG5s/& saHu \. nurf1 Spr>fIAaENS