The Washington times., 1921-11-24
PINS
HOPES ON
HIS STORY
Of PARTY
Attorney McNab, However, Re-
serves Decision-Fears
Cross-examination.
BY ELLIS H. MARTIN,

SAN FRANCISCO. Nov. a.
Roscoe ("Fatty") Arbuckle. on trial
for manslaughter. wants to take the
stand in his own defense. He be
'lieves- his story would clinch in
the minds Of the jury and the pub
lie his innocence.
Attorney McNab Undecided.
And as matters stand, he will be
permitted to take the stand in his
own defense probably as the last wit
ness. But this decision of his counsel
is subject to change. 1t will be Gavin
McNab, his veteran trial attorney,
who will say the last word.
I'll make the decision finally when
the moment arrives" McNab said to-
day as he worked with his big staff
OF assistants, utilizing the holiday to
check up on the large number of wit
nesses remaining on the defense list.
Many of these defense witnesses
will be eliminatd. The defense be.
lieves that they have now established
reasonable doubt" in the minds of
the jury. But they want to go furth-
er, they say, and absolutely clinch the
case.
Arbuckle's story, II he takes the
stand, will be a simple one. BY way
Of preparation for II, the defense ex.
poets to demonstrate "by the clock"
that Arbuckle was in room 1919 Of his
hotel alone with Virginia Rappe only
ten minutes instead Of an hour as
claimed by the State.
Tried to Soothe Her.
The film comedian will relate that,
noticing Miss Rappe had been seized
with nausea, he accompanied her to
the room and there led her to a bed
and held her head and attempted to
soothe her.
Failing, she became hysterical and
1t was at this point he opened the
door in order that others present
might render her assistance. He will
deny that his relations with the girl
were other than those Of gentleman.
The chief reason impelling counsel
for Arbuckle to a decision to have him
take the stand is the contention that
his failure to do so will provide Dis
trict Attorney Matthew Brady with a
powerful argument to the jury in the
final summing up of the case.
Brady will ask why the defendant
did not explain events Of Labor Day
afternoon IL he had nothing to fear.
On the other hand, they realize that
IL the film star takes the stand the
district attorney on ross-examination
is prepared to ask many unpleasant
questions and doubtless, will endeayor
to bring in spicy details Of other Ar.
buckle parties.
Points in Clowns Defense.
To date in supports of its theory
that Virginia Rappe came to her
injuries In some other manner than
assault by Arbuckle, the defense has
advanced a number of possibilities.
THAT immersion in a cold bath
caused the ruptured bladder by
muscular contraction.
SThat vomiting produced suffi.
ciently violent c0ntractions to
effect a rupture.
3-That spontaneous rupture may
have occurred due to over disten-
tion OF the organ as the result of
drinking alcohol concoctions to ex.
cess. ="
4-That upture could have
existed without the VIC
TINS
DIR. IS, defense expert,
sugge oasin''r 0 al
few ....., convinced
when they closed cross-examination
that they had shattered his testimony.
They expect to call their own experts
in rebuttal.
Killed by kindness" in effect is
Arbuckle's defense, as revealed by tes-
tinony late yesterday.
Fred Fischback. tall and muscular
movie director Of Los Angeles, de.
scribed how he had carried Miss
RspOs ~ IN am An6 = - =Aftc