The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-09-21
Both Sides in Arbuckle Case De-
pend on Medical Evidence.
Only Seven Called to Testify at
First Murder Hearing.
Chief WITNESS IS DELAYED
Doctor Who First Attended
Miss Rappe in Auto Smash.
Prosecution Has Two Surprise
Witnesses-Married Women.

San Francisco. Sept. 21.-As prepa-
rations were completed today by both
state and defense for the preliminary
hearing tomorrow afternoon of Roscoe
(Fatty) Arbuckle on a charge of
having murederd beautiful Virginia
Rape. it became increasingly evident
that on medical testimony may rest
the film comedians fate.
The medical aspects of the case may
occupy the entire initial session of the
hearing before Police Judge Sylvan
Lazarus. Seven witnesses have been
summoned for the first session, but it
was admitted today that probably not
more than three can be heard. i
use Medical Advisers.
Indications of the emphasis to be
laid on the medical evidence were to
be found today in announcements
from the office of District Attorney
Brady that a board of special medical
advisers would sit at the states coun-
sci table thruout the preliminary hear
ing. At the same time it became
known that Judge Lazarus has Sc
cured able medical advice and may
have a prominent physician sit with
him during part of the case
From the defense has come no in
| timation of their plans, but it is
known that determined attempt to
tear down certain evidence offered by
physicians at the coroner's inquest is
rent today that several nationally
known medical experts may testify
at the preliminary hearing in an eff
fort to dispose of the charge against
the film star at this time.
Auto Accident Causes Delay.
Delayed by an automobile accident,
DR.. Arthur Beardslee, one of the first
physicians to give medical attention
| to Virginia Rape, who is returning
from a hunting trip to give his testi-
mony, was expected to arrive today.
| His testimony is considered vital by
+. the state, inasmuch as his diagnosis
and the history of the case under his
care have figured largely in the tes-
timony of other physicians
District Attorney Brady hoped today
| to hear from Lowell Sherman, a com
panion of Arbuckle at the party at
which Miss Rape is alleged to have
received her fatal injuries, who is now
| believed to be in New York. Brady
| is exceedingly anxious for Sherman
| to return here voluntarily as a wit
ness but it was stated today that
should the actor refuse to return,
means will be found to bring him
back. The district attorney of New
York City has been requested to keep
him under surveillance.
sherman NOT SuDpOenaeu.
| The witnesses summoned for the
| initial session of the preliminary
! hearing scheduled to open at l o'clock
| tomorrow afternoon include Mrs. Bam-
| bina Maud belmont, prosecuting wit
ness; DR.. Shelby Strange, official au-
| topsy surgeon; DR.. William Ophuls,
| who performed first and unofficial au-
| topsy; Grace Halston, nurse; Al Sem
| nacher. Ira Fortlouis and Lowell Sher-
re- AThT I'll Of hn
party. Because of his absence from
the state, Sherman was not served
with the supoenas.
The state, it is understood, has two
surprise witnesses. They are said to
be young married women who at
but did not remain turnout the after
noon. One of them, however, is
understood to have returned during
the excitement that followed the sud
denness of Miss Rappe's illness. Their
names are being withheld.
District Attorney Brady is hopeful
also that Mrs. Gladys Parsons, re-
ported located at Fort Worth, will
prove to be the Mrs. May Parsons
sought ever since the death of Miss
Rape as a witness.
| Federal investigation of the booze
angles of the case will continue next
Friday. The federal grand jury last
night heard seven witnesses, including
| several of the guests at the party and
hotel employees. The session was
merely preliminary, Special Assistant
| District Attorney Robert H. McCor-
mack announced, and for the purpose
of perpetuating testimony which might
not be available later. Indictments
will not be returned until thee entire
investigation here and in southern
| California is complete, Mccormack
added.