Pueblo chieftain., 1921-09-29
JUDGE SAYS ARBUCKLE.
CASE UNIVERSAL ISSUE
Public Morals And Social
Standards Are On Trial
Says Lazarus

San Francisco. Sept 2s.-when the
police court hearing In the case OF
Roscoe c. tFatty) Arbuckle, charged
with the murder OF Miss Virginia
Rappe, case resumed today Judge
Lazarus began discussion OF the
case.
The district attorney has frankly
admitted he offered merely enough to
warrant holding the defendant-hold-
ing in reserve other evidence which he
has failed. to present said Judge
Lazarus in outlining the case. as he
. saw it.
We do not disguise the fact that this
is an important case. In my opinion
we are not trying Roscoe Arbuckie
alone. the screen celebrity who has
given mirth to the whole world. We
are, in sense. trying ourselves. our
morals, our present day social stan
dards. The question is larger than
the guilt of this unfortunate, it is .
universal issue.
The affair was the elimination of
an orgy at one Of our leading hostel
ries. An orgy unrcpressed by the
management is. | take it. a common
thing in our big cities.
Il had really hoped that this court
would be the avenue for full and COM
piete revelation of all the facts SO the
public OF the entire world would have
the opportunity to ascertain this wide-
ly known defendants guilt or inno-
cence.
The testimony heard shows that
during the whole afternoon there
went on. let us charitably say, festivi-
ties. Men and women were coming
and going 50 that witnesses are unable
10 say who were the occupants at any
particular hour.
Much liquor was drunk and the
complaining witness in particular was
in an inebriated condition
Miss Rappe. according to the pic
ture ! have tried to draw of the events
went into room 1919 of this hotel. fol-
lowed without previous conversation
by the defendant
They remained In there about
three quarters of an hour. according
to Miss Zeh Prevosts testimony No
sounds were heard by the rest of the
party.
Then the complaining witness and
Miss Provost made ciamor at the door
which was opened by the defendant
and these two ladies entered the room.
They found Miss Rappe lying on a
bed. fully clothed, and apparently in
agony. She was c!utching at her
clothes and with the assistance of her
woman companions she was complete
ly disrobed. / thought some of the
torn garments might bear on the point
at issue but from the prosecutions
own witnesses, it appears they must
have been torn in being removed"
Assistant District Attorney Isadore
Golden interrupted with the assertion
that the evidence showed one of the
garments must have been torn oft
The court said he could not see any
significance in certain other testimony
introduced by the prosecution.
Evidence has been given regarding
alleged ribald conduct OF the defend
ant regarding the use of ice. but IT
had Cnnnartinp
injuries received by the deceased. al
tho 1t was a regrettable incident.
Photographs OF bruises on Miss
Rappe's body were introduced but DIR.
Arthur Beardslee, who attended her
saw only one on the arm. undoubted-
ly II there had been others on the
body he would have noticed them.
Semnacher's testimony was entirely
valueless and two days of court time
was taken up fruitelessly pairing him.
The only one whose evidence
might have connected the defendant
with the commission of a crime was
that OF the nervous chambermaid who
heard from the corridor the cry OF a
woman No. No. oh my God!' and
mans reply oh, shut up
'Altho there were indications that
the district attorney at a trial would
try to show a more complete case
there WAS the merest skeleton of evil
dence here to connect the defendant
with the crime OF murder. the most
serious offense known in criminal
law.
The question for me to decide Is
whether the facts adduced which the
district attorney admits Is barely
enough to warrant a holding is enough
to Justify a murder charge. and I do
not believe so.
There is enough in the defendants
actions in the affair however TO war
rant a manslaushter charge and will
hold him on this. I feel that no rape
or attempted rape was committed by
tho defendant"
Assistant District Attorney Milton