New-York tribune., 1921-09-17
Charge Laid
Aside by Prosecutor in
Case Against Comedian;
Must Plead ON Sept. %
Decision Prevents
Ad1nittance to Bail
Women Throng Court;
Men Barred; $4,000
Car Sought by Dry Aids
Special Dispatch to The Tribune

SAN FRANCISCO, Sept. 1e.-In the
presence of big and intensely inter
ested audience District Attorney Mat
thew Brady to-day announced in po-
lice Judge Lazarus's courtroom that
Roscoe ("Fatty") .Arbuckls, motion pic
ture comedian, would be tried for mur-
der, and not mansl aughter, in connec-
ton with the death of Virginia Rappe,
screen actress, as the supposed result
OF party in the actors rooms.
The determination Of the District
Attorney to proceed to trial on the
murder charge was announced Just be-
tore the court proceedings began. 1t
was reached after a series of confer
ences with his staff, and his reasons
therefor were set forth in statement
which he issued after the court ses-
SION Through the prosecutors action
in deciding to stand by the murder war
rant sworn out by Mrs Bambina Maude
belmont instead of the manslaughter
Indictment found by the grand Jury,
Arbuckle must remain in his cell with
out bail privilege.
TO Appear Again Thursday
Arbuckle's attorneys had made everv
preparation to have the comedian re-,
leased on bail. Five thousand dollars
IN cash had been deposited with the
ronce Department for immediate use
IT Brady had decided to act on the man
slaughter charge, or if at the conclu-
sion OF the police court preliminary ex
animation the case had taken such
turn as to warrant them in applying to
the Superior Court for the prisoners
release on bail on the mapslaughter
charge, q matter which would rest in
the discretion of the court. But the
ponce court hearing was continued un
Ill next Thursday and Arbuckle can
e, entertaln no hope of release during
that time.
Arbuckle had no advance inforua-
ZION on the prosecutors decision. Hs
uld not hear it until the same momenr
shat the hundreds of strangers who
Iormed wriggling mass of humanity
20 tne none too spacious courtroom.
there to see "Fatty'' face the discom,
fortlng outlook, heard it. Then the
came SO quickly and so
that it was plainly ap
parent IL TOOK some seconds before Ar
buckle realized it had been spoken.
Inc scenes around the courtroom
we're most exciting, the corridors be-
lhg packed with throng of more than
Thousand persons. Men and women
fought to get inside the doors, which
were guarded by Gordon of police,
and the entrances were closed and
locked when the room was crowded
with women, no men being allowed at
hearings in the women's department.
where the proceedings were held.
when the case was called District
Attorney Brady announced that the
PROSECUTION was ready to proceed on
he mdrder charge. Frank E. Domin-
yuez, for Arbuckle, asked for a con
inuance of ten days, saying he was
.ired out from working on the case
lay and night. The District Attorney
declared that the prosecution was de-
'lrous of adhering to every right of
he defendant and had no objection to
reasonable continuance. He sug-
rested five days.
Defense to Call Physicians
In reply Mr.. Dominguez indicated ono
Inc which the defense would follow,
aging that there was great deal of
'xpert medical testimony which must
re heard, it being of vital Importance
o the case. This was understood to
mean that the defense would raise the
ssue whether Virginia Rappe died as
he result of medical treatment.
A compromise was effected by the
ourt setting the case for next Thurs
lay afternoon, and Arbuckle was
lshered from the room carrying the
that he must remain in Jail
t least seven days, whatever unexpected
might come after that.
After the court session Mr.. Brady
ssued written statement qualifying
o certain extent his decision to pro-
eed on the murder charge. In this
tatement he said:
"The District Attorneys Office, from
he time that the facts became known,
las always been firmly of the opinion
(C0ntinuod on Daue siy\