Evening star., 1921-12-05
THREE NEW MOVES
IN ARBUCKLE CASE
Intimidation, Liquor and Per-
jury Charges Follow Jury's
: Disagreement.

: Disagreement.
By the Associated Press.
SAN FRANCISCO. Calf, December
5-Collateral issues We're to the fore
today in the affairs of Roscoe G. AR
buckle, the jury which tried him on
a manslaughter charge having dis
agreed and been discharged yester-
day.
Foremost of the three groups of cir
cumstances attracting public interest,"
to the motion picture comedian was
the charge, made by Mrs. Helen M;
Hubbard, one of the jury whlch trleu
him on charges arising from the death
Of virginia Rape that Sdt a,tehpss emp haa
Mrs. Hubbard told Milton U'Ren. an
assistant district attorney, and sew
eraA other persons, that man repre-
senting himself as Gus DIVA, COM
mission merchant with whom her nus
band had had business dealings. had
telephoned her husband SATURDAY
night with the intent of having ner
. change her vote as juror Sne let
it be known that she had stood con-
sistently for Arbuckle's CONVICTION;
Hubbard said it had been intln1ated
by the man that he might save nlm-
self trouble by sending ms wire d
note asking that she vote Tor Ar
buckles acQuittaL
would be laid before the grand jury
tonight.
Liquor Charge Coming Up.
The federal charge against Arbue-
kle, based on an allegation OF IlleSai
transportation of liquor drunk at the
party in the Hotel st. Francis at
which it was charged Miss Rappe met
fatal injury at Arbuckle'S hands, was
for hearing today,
Charges of perjury against Mrs.
, Minnie Neighbors of Los Angeles.
witness called by the defense in Ar
buckles manslaughter trial, also
were set for hearing today.
In addition to all these. last nlghts
intimation by Milton Cohen. member
of Arbuckle's counsel, that the de,
fense had something up its sleeve
and was prepared 10 let II come
down" today came in for comment.
Jury Is Discharged.
After forty-one hours of delibera-
tion the seven men and five women
on the jury which tried Arbuckle was
discharged when they We're unable to
agree upon verdict.
The jury was brought into court at
its own request at noon, reported a
disagreement and asked that it be
discharged. The foreman announced
that the final ballot stood ten TO two.
Court officers said. however, that the
balloting favored acquittal through
out. The case was set for trial jan
uary 8.
In statement. following the jury's
return. Arbuckle declared one of the
five woman jurors had prevented his
acquittal because she refused to
allow her fellow-jurors to discuss the
evidence or reason with her, ana
would not give any reason for her at
titude." He did not name the juror.
Praises Jurors Courage.
District Attorney Brady said that
Arbuckle had been given a fair and
honest trial." and complimented the
jurors who held out for conviction as
having courage and determination
Il had hoped the jury would reach
an agreement" he said. Il confident
ly expected verdict of guilty upon
the evidence presented. In my opin
ion the disagreement does not vindi-
cate Roscoe Arbuckle. 4 vindicaton
could come only after a quick unani
nous verdict. 1t was my duty to pre-
sent the facts to jury. This l have
done, though opposed by wealth, pow
er and influence"
The members of the jury looked hag-
gard and worn when they filed into the
little courtroom, over which deep hush
had settled and took their seats. The
foreman, August Fritze, informed the
court .ft is physically and morally
At the request of ethe court. he an
nounced the final ballot division.
Verdict Called Impossible.
Superior Judge Harold Louderback.
who tried the case, then told the jury,
he wanted 20 determine if further de-
liberation might result in a verdict.
"It is not my desire to force any un-
certain hardship on you,' he said.
But this case has taken three weeks
n a
expense. If you can come to a verdict
conscientious l desire you to do So"
He then asked each juror for an
opinion on the matter of continued
balloting and each answered emphati-
cally that il would be impossible to
reach a verdict.
After reporting to the court they
were escorted to side street by
deputy sheriffs and taken to their
homes in automobiles.
while this, through the technicali-
ties of the law, is not Il legal acquittal,
morally it is such" Arbuckle said in
discussing the jury's inability to agree.
The undisputed and uncontradicted
testimony established that my only
connection with the sad affair was one
of d merciful service, and the fact
that ordinary human kindness should
Lave brought upon me this tragedy has
seemed a cruel wrong" his statement
continued.
Arbuckle sure Of Freedom.
Il have sought to bring joy and
gladness and merriment into the world,
and why this great misfortune should
have fallen upon me is a mystery that
only God can, and will. some day re-
veal"
After stating that he rested his
cause lin Divine justice and the con-
1idence of the fairness of the Amer
lean people," Arbuckle concluded with
the declaration that mo act of mine
ever has, and l promise that no act
of mine ever shall, cause them to
regret their faith in me-
Arbuckle'S defense was that he was
assisting Miss Rape through period
of illness, caused, according to de-
fense contentious. by an internal dis
order at the time he is alleged by the
prosecution to have injured her. The
prosecution held that the injury re-