South Bend news-times. (South Bend, Ind.) 1913-1938, 1921-09-29
JUDGE DEGREES
MANSLAUGHTER,
mo ASSAULT"
Evidence is Not Conclusive TO
Warrant Murder Charge,
Jurist Rules.
(ContInued from page one)

(Cont.nued from page one)
ours ives. opr morals. our present 20
cal standards. The question Is larger
than the guilt ~ this unfortunate. Il
y a universal issue.
The affair was the elimination OF
an Orgy az one OF our leading hostel
ries An orgy unrepressed By the
managcmen ls. I take II. a common
thlng in our big cities.
Liquor In Party"
u had really hoped that this court
would be the avenue for full and
complete revelation OF all the facts
50 that the public OF the entire world
would have the opportunity 10 ascer-
tain this widely known defendants
guHt or Innocence.
The testimony heard shows that
during the whole afternoon there
went on. let us charitably say, fes-
tiwtles Men and women were COM
ing and going 50 that the witnesses
iare unable 90 say who were the oc-
cupants az any particular hour.
Much liquor was drunk and the
complaining witness in particular
was IN an inebriated condition. Miss
Rappe. according 10 the picture
have tried to draw OF the event,
went into room 1919 OF this hotel.
followed. without previous CONVEX
sation. by the defendant.
Found Girl I'm Agony"
They remained in there about
three-quarters OF an hour. according
to Miss Zeh Prevost's testimony. No
sounds were heard BY the rest OF
the party. Then the complaining
witness and Miss Provost made a
clamor at the door which was open
ed BY tho defendant and these two
ladies' entered the room
They found 8Ess Rape lying on
a bed. fully clothed. and apparently
IN agony. She was olutching at her
clothing and with the assistance OF
her women companions she was COM
pleteIy disrobed. / thought some OF
the torn garments might bear on
the point at issue, but from the
prosecutors own witnesses, IL ap-
pears they must have been torn in
being removed"
Torn Garments, No Evidence"
Assist Dist. Atty. Isador Golden
interrupted with the assertion that
the evidence showed one OF the gar
ments must have been torn off. The
court said ne could not see any sig
nihcauce in certain other testimony
introduced by the prosecution.
Evidence has been given regard
ing alleged -ribald conduct OF the de-
PENDANT regarding the use Of ice.
but 81 had no connection with any
possible injuries received by the de-
ceased. although 1t was a regrettable
incident.
Photographs OF bruises on Miss
Rappe's body were introduced. but
DR.. Arthur Beardslee, who attended
her saw only one on the arm IN
doubtedly II there had been others
on the body ne would have noticed
them Semnacher's testimony was
entirely valueless and two days OF
court time was taken up fruitlessly
hearing him.
only skeleton OF Proof.
The only one whose evidence
might have connected the defendant
with the commission Of a crime was
that OF a nervous chambermaid who
heard from the corrido, the cry of
a woman No. no, Oh, MY God. and
mans reply oh. shut up
Although there were indications
that the district attorney at a trial
would try TO show a moro complete
case. there was the merest skeleton
of evidence 10 connect the defend
ant with the crime OF murder, the
most serious offense known in Grim
inRl law.
The question for me to decide. Is
whether the facts adduced which the
district attorney admits Is barely
enough TO warrant holding. IL
enough 70 justify a murder charge,
and 1 do not believe so.
There Is enOught IN the defend
ants actions in the affair. however
TO warrant a granddaughter charge
and I Will hold him on this. ] fee
that no assault or attempted assault
was committed by the defendant"
ArbuClIie More Cheerful.
Assist. Dist. Atty. Milton T. U-Ren
inquired what these other actions
might be. and the Judge replied that
there might have been battery. for
instance.
While the formalities or bail were
being arranged. Arbuckle went back
10 the city prison where he has been
for the last Is days.
Coming out OF his cell with ar
overfowing armful OF clothing. his
face took on a more cheerful look
After he had piled the clothes into
a suitcase. newspaper photographers
started 10 take pictures OF him and
smile began 20 creep over his
cOuuteuanCe. As a balloon-like
cloud OF hashEght smoke rose to-
ward the ceiling he gazed at It with
almost ca grin.
Roll a Cigaret with one hand
when we take the next snap" sug-
gested one OF the photographers.
Il can't he replied. its the other
Arbuckle that does chat"
BOYS OF BLUE HOLD