Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1921-09-28
nature OF THE
CHARGE AGAINST .
ARBUCKLE To BE
DECIDED TODAY
Jdge Lazarus to Rule
Whether Movie Comedian.
Is to Be Held for Murder
Or Mere ManSIaughter,
MRS. BELMONT NOT
CALLED TO TESTIFY
Prosecution Suddenly Closes
Its Case Without the eS-
tinony Of the Complaining
Witness,
fBy The Associated Press.)


San Francisco, Califp Sept IT.
he question whether Roscoe
} Tatty) Arbuckle will be tried in
le superior court for the murder
Miss Virginia Rape, or whether
le will be held on the lesser charge
ct manslaughter, will be decided to-
,orrow by Police Judge Sylvan
.azarus, before whom the film
comedian has been examined on
lurder accusation,
The prosecution suddenly closed
IT'S case today without the testi-
mony of the complaining witness,
Mrs. Bambina belmont, saying
ample evidence already had been
resented to warrant holding for
urder. The court, although warn
e the district attorney that he
as running the danger of a dis
y issal by not producing more
'oof, practically removed all pos
bility of such action by denying
defense motion to dismiss and
lnouncing that he rarely failed to
,ld a defendant to answer. AS to
,e particular charge, however,
. udge Lazarus said his mind was
lot yet made up.
Case Continued.
He then continued the case until
tomorrow at 2 p. M. giving the
defense permission to introduce
evidence of its own at that time IL
desired. Frank Dominguez, Ar
buckles chief counsel, said he
would not reach a decision until
hat time whether to avail himself
Of the opportunity.
Dominguez demanded an oppor-
tunity to prove Mrs. Delmonts ac-
cusations against ArbuclSle to be
falsehoods, but Judge Lazarus said
the district attorney could not be
compelled to put her on the stand,
although he regretted greatly that
more proof had not been given and
the complainant examined.
Invitation Declined
District Attorney Mathew A.
B-ady suggested that Doninguez
himself could call Mrs. belmont
as a witness, but the defense at
torney declined to accept the sug-
gestion.
ASniStdflL I)lSlIltL AltUlliSy dOid~
en- said the district attorney was
not required to disclose more of
its case than enough to warrant a
holding for probable cause and
Dominguez replied that the issue
was not between Mrs belmont and
ArbuclSle. but between the people
of California and Arbuckle.
Two women, Zeh Provost and
Alice Blake, testified today that
Miss Virginia Rappe. when found
in distress in Arbuckle's apart
ments on September fifth, had
cried 'T am dying. He hurt me" ="
and that Arbuckle had told her
TO ''shut up or he would throw
her out the window"
You're crazy. Shut up or I'll
throw you out of the window"
was the version Of Arbuckles re-
marks given by Miss Blake, while
Miss Provost testified "If you don't
stop yelling I'll throw you out the
window"
Administered Ice
Both said that Arbuckle admin
istered ice to Miss Rappe while
she was moaning in pain, Miss
Provost saying he accompanied it
with the remark "Thatll bring you
to-" The prosecution! however
drew testimony from Miss Blake
which they said indicated there
had been another incident.
Another exciting incident was
told of by Josephine Keza, maid
at the st. Francis hotel, who said
Il at from the corridor she heard
screams from room 1919, the room
d. scribed by other witnesses as the
(Contip,,od an Do,,a Tuo