New-York tribune., 1921-09-16
$4,000 Bond Ready if
Prosecutor Decides to
Forego Murder Charge
for Lesser Indictment
Girls. Condition
:. T. Factor i'm Trial
Physician and Nurses at
Odds Women Vigilantes
to Protect Witnesses
Special Dispatch to Tho Tribune


slaughter in having caused the death
of Virginia Rappe, motion picture
actress, who was injured in the course
OF revels at party given by the flm
comedian in his rooms, at the St. Fran
els Hotel, September s. The action to-
day followed the finding of the jury
after investigation last Tuesday night
The indictment was filed before Pre-
siding Judge Shortall, of the Superior
Court, and after the presentation of
the document the court fixed Arbuckle's
bail at $4,000 cash or $4,000 bonds
This action does not immediately oper-
ate to give Arbuckle his freedom on
depositing the required bail. He must
remain in Jail pending his hearing in
the police court on the charge of muir
sworn to by Mrs. Bambina Maude Del
mont, main witness for the prosecution.
Freedom on Ball Forecast
This hearing comes up tomorrow
morning and Arbuckle's counsel are so
confident of termination of the pro-
ceedings in their favor that they will
be prepared to furnish the cash to open
the prison doors for the accused COM
edian. District Attorney Brady shows
no disposition to insist that Arbuckle
be kept in Jail on the murder charge
If 1t is decided to prosecute for man
slaughter. Whether Mr.. Brady will
insist upon the trial for murder he
has not yet decided, but he held con-
ferences during the day with his legal
advisers and in the afternoon declared
he would not announce his decision
regarding the withdrawal Of the mur-
der charge in favor of the manslaugh-
ter indictment until 10 o'clock to-mor-
row morning.
SO confident was Arbuekle of his
chances to get out on bail that hts
lawyers had drawn up the order for
his release and put up the $4,000 cash
bail fixed by Judge Shortall on the
manslaughter charge. Arbuckle waited
inipatiently in his cell for news that
Brady had decided to prosecute for
manslaughter, which would mean that
his liberty would,.be only matter OF
minutes.
Brady's failure to announce deci-
sion condemned the prisonerto another
uncomfortable night in cell. The Dis
trict Attorney saio he would hold an
other conference in his office at .
o'clock tomorrow morning.
Detectives Grif Kennedy and Tom
Reagan took Arbuckle from his cell and
read to him the new formal accusation
and then conducted him to the docket,
where he was booked on the additional
charge. He then went back to his cell,
and was more cheerful than he had
been, evidently expecting word that he
was to be released on bail. To cover
this q certified check on the Bank OF
Italy had been offered by his attorneys,
but this was rejected. The check was
cashed and the money was handea over
to the bond and warrant clerk.
Non-Professionals at Party
There is much speculation regarding
the line Of defense which Arbuckle's
attorneys will follow They are busy
gathering witnesses but give no inkling
as to what evidence will be offered by
those who take the stand IN behalf OF
the film actor. 1t was said that twelve
witnesses had been obtained who did
not belong to the screen world ou1
who attended the party
One feature which was brought out
at the coroner's inquest, it is said,
will play an important part in the
trial and cause strong conflict of testl-
mony will be concerning the physical
condition of Miss Rape at the time
OF her death.
The testimony of the autopsy sur
geon, DR.. Ophuls, at the inquest was
featured by an assertion favorable TO
the girl in relation to Miss Rappe's
physical condition which would reflect
on her moral standards. In rendering
his professional opinion on this point
DR.. Ophuls' testimony was in direct
conflict with the testimony of Miss
Jameson and Miss Cumberland, the
nurses at the sanatorium where Miss
Rappe died, and who talked with her,
as they told at the inquest the preced-
ing day:
Crowded into to-day's features in
the case was the news that Harry
Lchrman, fance Of Miss Rape, had
dispatched representative from New
York to take part in the prosecution
given out that Mrs. May Taube, said to
have important information regarding
the Arbuckle party, was in the city and
had mado statement of value to the
prosecution to the District Attorney.
Another dramatic spotlight was
focused on the case in the form Of an
anonymous letter received by Harry
Kelly, secretary Of the grand jury,
which read as follows:
Sacramento. September II, 1921.
s'Dear Sir: With all briefness that
urbanity will permit, am writing YOU
to say that not stone must be left
unturned IN bringing Mr.. Arbuckle to
answer, clearly and beyond all reason
able doubt that he is guilty of mos,
brutal crime. am related to this girl
whom he is no doubt responsible TO,
the death of, and if Mr. Arbuckle sue.
cessfully cheats the law and justice
with his money and able attorney
will say here and now he cannot
succeed
| Vows He Will XIII Arbuckle
II will say here and now he cannot
cheat me. I will shoot him down il
it is the last act of my life. viii
wait time with patience for justice
and Il it cannot be weighed out justl,
then Mr.. Arbuckle will answer to me
Ny only hope and prayer is that tn,
! law shall And its course. With me Il
, is affection, and to. such an act as thi.
ny answer will be, an eye for an ey,
I ard tooth for n tooth"
T. long conference was held to day b,
Mr. Brady, Chief Of Police O'Br;en an:
Captain Of Detectives Mathcson, and a.
(cnn&Snusd A. nnu> ehr~aA