The New York herald., 1921-09-16
ARBUCKLE'S HEARING
SET FOR TOMORROW
II
No Decision Made on Push
ing Charge of Murder in
Police Court To-day.
COMEDIAN STILL In JAIL
Inquiry Will Be Made Into
Whiskey Used at Fatal
Party.
WONAY AID PROSECUTION
Accused Man Not Likely to Go
TO Trial for Two or Three
Weeks.
COMEDIAN STILL In JAIL
'WONAY AID PROSECUTION

SAN Francisco. Sept. 15.-District
Attorney Brady announced tonight
that no decision had yet been reached
whether to proceed against Roscoe
(Fatty) ArbuclSle tomorrow in police
court OF the murder charge preferred
against him, or to ask for dismissal II
this charge in view of the Grand Jury
indictment against Arbuckle for man
slaughter.
The decision will be made to-mor-
row morning, Brady said. His state
ment was nlade after a conferenc
with his deputies and with Chief Of
Police O'Brien and Captain Of De-
tectives Matheson.
The body OF Miss Virginia Rappe was
nc. removed from San Francisco to Los
Angeles tonight, contrary TO an an
nouncement made by District Attorney
BRADY, but will be taken to the southern
city tomorrow. The undertaking cs-
Enlistment in charge announced to-day
that arrangements could not be com
pleted in time TO ship the body before
Tomorrow.
Mrs w b. Hamilton. chairman of
the special committee named by the
Woman's Vigilante Committee yesterday
~ cooperate with District Attorney
Brady in the investigation of the
Arbuckle case. and Mrs. Robert II.
Dean, a prominent member of the spe-
oial committee. waited on Brady to-day
and pledged him the fun support of the
committee.
Women at Every Hearing.
The women announced tina. the Vigil
.aIte Committee, which is made up OF
San Francisco clubwomen. will have
members of the special committee at
every public hearing of the Arbuckle
case. will provide every possible pro-
lection to the women witnesses and will
cooperate otherwise in every way pos
s.ble.
Brady declared that Arbuckle would
get as speedy a trial as possible and
that the trial would be started as soon
as it could be arranged.
The court procedure tomorrow calls
for informing Arbuckle OF his legal
rights and the taking Of such testimony
as the Police Judge wishes to hear In
making his decision whether to bind the
defendant over to the Superior Court
for trial
Dispositions OF Lowell Sherman and
Frederick Fishback Of Los Angeles, Civ
ing their versions of the party in Ar
buckles rooms. We're received to-day by
Brady. but he declined 10 give out their
contents.
When Mrs. Hamilton and Mrs Dean
visited Brady to-day they were told
that their presence at the various hear
ings would be welcomed but that they
probably would be challenged by the
defence II they were called as jurors.
Lchrmnn Sends THAMES.
Another telegram from Henry Lehr-
man. the Rappe girls fiance, who is In
New York. was received to-day by the
District Attorney. 1t said:
Wish to thank you again for the
righteous, strong and skilful manner in
which you are handling the defence Of
Virginia Rappe. They are lining up
here at newspaper offices for latest edi-
tions. Have communicated with Hal
stead (the undertaker). and am wiring
him money to-day. Wired to Mrs. Del
mont $3.50, as newspapers claimed she
is without funds. Henry Lehrman."
The developments in the case to-day
were:
Robert Fl. Mccormack. Assistan:
United States Attorney-General In charge
OF liquor prohibition prosecution, an
nounced that he would conduct a sweep
ing investigation OF the liquor phase OF
the Arbuckle case. Even II such in
vestigation reached into the moving
picture colony st Los Angles"
Arbuckle is accused of having had a
quantity of liquor a the party In which
he Is charged with having inflicted fatal
injuries on Miss Rappe:
The rnansNtughter Indictment against
Arbuckle voted by the County Grand
Jury yesterday was returned in the cour.
Of the presiding superior Judge, and the
case was assigned to he court of Judge
Harold Lauderback. Bail yas set at
$4,000 cash or $4,000 bonds:
Arbuckle's appeara4 ce In court was
set for Saturday. when he will be ar
raigned and may plead on the charge
IL he docs not waive his right to a con-
t.nuance:
Brady and police fs,ciaIs conferred
II determine which on ~ the two mur-
der and two rnanslsuEhter charges
against Arbuckle they Will try:
Certified Check ror BniI.
4 certified check covering ArbucIxIe' !
cash bail was deposited with the bond
and warrant clerk. but Il was announced
that he could not be admitted 10 bail
until the murder CHARGES had been dis
posed or
Arbucklc Is scheduled 70 appear to-
morrow before Police Judge Lazarus for
further hearing on he murder charge
preferred BY Mrs. BaIubina Maude Dell
mont, ono Of those present a. Arbuckle's
party. Officials of Judge LauderbacB' 3
court believe It viii be two Or three
weeks before Arbuckle Is brought to
trial.
The mansiaughter indictment against
Arbuckle reads;
I'VE. the Grand Jury charge to wit I.
That on Or abou. the ninth Of sep-
tember. 1921 Roscoe At5ucxle did then
and there wilfully unla wfuliy and felo-
niously and without malice aforc-
thought. kin Virginia Fappe. human
being"
telegram from Mayor Il. g. Hodgson
Of st. Paul. which thanked the District
Attorney for his announced intention
that nc would prosecute tho case with
out fear or favor. WAS made public by
Brady to-day. IT said
--latest reports indicate Arbuckle
money Is overcoming state testimony.
DO not faltcr. Fight this 70 finish.
II Arbuchle is not punished tho moving
picture business Is done. for decent poo
pie are tired OF the ecccntricities ~
genius. Go tho limit and win praise
Of all good people"
Brady replied that lin spite of Ar
hucklo's money and Influence the case
will be prosecuted most vigorously"
Frank Mcconnell. detailed to Chief OF
n~1t Iy.ta - II q