The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1921-11-14
.ARBUCKLE CASE
ISSTART|''E[DIN
FRISCO COURT
Motion Picture Comedian An
swers Charge of Manslaugh-
ter in Rappe Case
MANSLAUGHTER is CHARGE
Murder Charge Dropped After
Comedian Spent Is Days in
Jail Without Bail
MANSLAUGHTER is CHARGE

San 'Francisco Nov. 14-Roscoe G.
FATTY Arouckle. motion picture
comedian, went to trial today on q
charge OF manslaughter growing out
of the death Of Miss Virginia Rappe,
motion picture actress, Sent. 8.
Scores 'of witnesses on both sides
awaited the call to the stand.
Arbuckle occupied prison cell
here for Is days accused of the mur.
der of the girl, until Police Judge
C1yvain J. Lazarus, reduced the
charge to manslaughter and allowed
him his freedom on $1,000 bail.
Miss Rappe's death Sept. 8 from a
ruptured bladder was the outcome OF
a drinking party she attended in Ar
buckles suite. at the Hotel st. Fran.
CHS the afternoon Of Sept. 5. On this
occasion according to testimony in
the police court hearing, ArbucAle
and Lowell Sherman, another moving
picture actor, were clothed in dress
ing gowns and pajamas or athletic
underwear while Mrs Bambina Del
mont, who swore to the murder COM
plant against the comedian also don
ned pajamas during the gayety.
Found in Distress
When Miss Rape retired from the
room while the festivities were in
p.iogress, according to the testimony
Arbuckle followed her and about an
hour later, two of the women. Mrs.
belmont and Zey Provost, found her
in distress III an adjoining room, the
door 'of which was opened by Ar
ouckle in response to their knocks
81 am dying He hurt me- cried
Miss Rappe, according to testimony
OF Miss Provost and Alice Blake, who
said the girl was laying on a bed
fully clothed but tearing at her gar
ments as she moaned and tossed. Ar
buckle told her to "shut up" or he
would throw her out of the window,
they said, and used ice in an attempt
to restore her fully to consciousness.
Miss Rappe was taken to another
room in the hotel and next day re-
moved to hospital where she re-
maincl until her death. Hospital
nurses testified at the inquest that she
accused Arbuckle o. having injured
her, but this testimony was not in
troduced at the police court hearing.
Murder Charge Dismissed
Nothing was shown at the prelim-
mary hearing, according. to Judge
Lazarus, to connect Arbuckle with the
charge of murder which was brought
under the California statute provid-
ing that life taken in rape or at
tempted rape is murder Judge
Lazarus declared however, that Ar
buckles conduct warranted holding
him for manslaughter, as he might
have committed battery.
A, grand jury, indictment for man,
slaughter also was returned against
Arbuckle, although District Attorney
Matthew A. Brady chose to try the
defendant on the police court holding.
The coronors jury charged him with
Arbuckle's arrest later by prohi-
bition officials on charge OF illegal
possession of liquor was another Incl
dent in the case resulting from an in
vestigation which the prohibition auE-
thorities laid before the federal grand
Jury The liquor at the party was
brought from Canada by a bootleg
ring which operated on a large scale,
officials said.
Gavin McNab, prominent San
Francisco attorney, is chief OF counsel
for Arbuckle. He was retained by
motion picture interests to handle the
defense.