The New York herald., 1921-12-03
FATE OF ARBUCKLE
IS in JURY'S HANDS
Closing Arguments Made by
McNab and U'Ren Are
Full of Charges.
DEATH THREATS SENT
Alternate Juror Says Prose
cutiOn Has Failed to
Prove It's Case.

SAN Francisco. Dec. 2.-The case of
Roscoe c. Arbuckle, motion picture
comedian, charged with manslaughter
in connection with the death Of Vir-
ginia Rappe. actress, is in the hands
of the jury.
The bailiff entered the jury room al
IL o'clock and then came back and
reported the jurors would be locked
up for the night.
The case went to the jury at 4:15
p. NJ. to-day after arguments by coun-
sci and a charge by the Judge, and at
9:15 the verdict seemed as far distant
as ever.
Actually the jury had been deliber-
ating only about half the time. how
ever, as it took recess Of two and a
half hours for dinner.
The bailitfs. were summoned to the
| jury room twice. Once was to. receive
request that the Jurors he taken to
dinner and the other time they asked
that the doors of the room in he hotel
where Arbuckle Is alleged 10 have in
Jlred Miss Rappe be brought 70 them
for examination. They changed their
minds. however. before the reqliest
could be met. Each request caused a
wave of excitement
Expert testimony regarding tina finger
prints on these doors was the besis of-a
contention by the prosecution tnat Ar
buckle had struggle with the girl in
TIE room.
Court Room Door Berricaded.
Hundreds crowded the court room and
adjoining corridors after the dinner
period and the door leading into the
jury room was barricaded on the out
sile by table and several chairs to
keep the crowd away from it. Ar
buckle appeared nervous and paced in
and cut of the cpurt room. ne had
little - say
The case has occupied the court for
approximately three weeks. To-day s
entire session was taken up with final
arguments, Instructions to the jury and
jury deliberations.
Gavin McNab, chief defence counsel.
opened the session with continuation
OF his closing argument. He was fol-
lowed by Milton U'Ren, Assistant Dis
trict Attorney, whose summing up lasted
almost an hour.
Testimony OF prosecution witnesses
was attacked by McNab. who called at
tcntion to the testimony OF Alfred Sem
nacher. leading prosecution witness
and manager OF Miss Rappe.
II don't believe Mr.. Semnacber. I do
not entitle him to any credit at ALL"
| l. 4 L..
his view of the incident in which Ar
buckle placed a piece of ice on Miss
Rappe's body after Arbuckle Is alleged
to have hurt her That was purely
collateral incident
Jaunt for witness.
Mrs Catherine Fox had a very pleas
ant trip from Chicago at the expense of
the San Francisco taxpayers" continued
NcNab. "and very pleasant social visit
with Mrs. Bambina Maude belmont, the
complaining witness whom the prosecu-
ton failed to produce"
Mrs. Fox was also a leading prosecu-
ton witness. testifying that she had
known Miss Rappe Tor several years
and that she showed no sign of the III
ness which the defence said finally
caused her death.
Another defence counsel read portions
Of the testimony of M, Alice Blake to
the jury at McNab's IL, .nest. Alice
Blake, a showgirl and prosecution wit
ness. was a guest at the Hotel St
Francis party in which Arbuckle is ni-
legged to have fatally injured Miss
Rappe.
II did not see Mr.. Arbuckle go into
the room or come out OF the ROOM" the
testimony said
Arbuckle could not trust himself TO
make straightforward statement at
the time of his arrest because "the
mob" was threatening him, McNab
said
III Roscoe Arbuckle had made the
statement in public that he made upon
the witness stand, God knows what
would have happened to him." his coun-
sci declared.
Most OF McNabs argument dealt with
what he termed the imprisonment" of
Miss Zey Provost and Miss Alice Blake
prosecution witnesses. by the District
Attorney. "in order to wiring certain tes-
timony from them"
ut was deliberate conspiracy against
Arbuckle." he told the jury. 1T was the
shame OF San Francisco. Perjured
wretches tried. from the stand. to de-
prive this defendant. this stranger within
our gates. of his liberty"
McNab had an associate counsel read
excerpts from the testimony OF Miss
Provost before the Grand Jury, In which
she said she was threatened with i'm
prisonment by the police ''if she did not
say that Miss Rappe exclaimed after
being injured: He killed me-
U'Ren referred to Arbuckle as Bel
shazzar sitting on his throne and pour
ing wine during the party In the Hotel
st. Francis"
Asked at the cessation of arguments
what his future plans were, Arbuckle
said he would make no statement until
cution reiterated its hope for speedy
conviction.