Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1921-09-17
Arbuckle to Face
Court Again Today


Continued from Page One
viction on the murder charge would
mean automatic dismissal of the man
slaughter charge, for the law holds a
man may not be twice placed in
jeopardy for one cause.
Crowds Besiege Court
Crowds long befort court opened to-
day attempted again to gain places OF
vantage about the. courtroom of Su-
perior Judge Harold Louderback. where
Arbuckle was to be arraigned. that they
might view the film star. Arbuckle in
all his court appearances since his ar
rest has shown disinclination to face
these curious folk.
Scores Of letters and kilograms con-
tinue to arrive at the jail for Arbuckle
and in such number he cannot answer
them, it was said
It was indicated that the prosecu-
tion's decision to go to trial on the
murder charge was a surprise to the
defense. From Los Angeles came re-
ports that Arbuckle had already made
train reservations for trip from San
Francisco to that city last evening.
Murder Is not a bailable charge in
California.
Mrs. Bambina Maude belmont, who
swore to the murder charge on which
Arbuckle appeared in court, viewed
Miss Rappe's body yesterday and is re
ported to have suffered a partial COL
lapse.
The determination of the District
Attorney to proceed TO trial on the
murder charge was announced just be-
fore the court proceedings began yester-
day. It was reached after a series Of
conferences with his staff and his rea =
sons therefor were set forth in a state
ment which he issued after the court
session. Through the prosecutors ac-
ton in deciding to stand by the murder
warrant sworn out by Mrs. Bambina
slaughter indictment found by the grand
jury, Arbuckle must remain in his cell
without bail privilege.
To Appear Next Thursday
Arbuckle's attorneys had made every
preparation to have the comedian re =
leased on bail. Five thousand dollars
in cash had been deposited with the
Police Department for immediate use
II Brady had decided to act on the man
slaughter charge, or il at the conclu
sion Of the police court preliminary ex-
animation the case had taken such a
turn as to warrant them in applying to
the Superior Court for the prisoner S
release on bail on the manslaughter
charge, matter which would rest in
the discretion Of the court. But the
police court hearing was continued until
next Thursday and Arbuckle can enter
tain no hope of release during that time.
Arbuckle had no advance informa
ton on the prosecutors decision. He
did not hear it until the same moment
that the hundreds of strangers, who
formed a wriggling mass of humanity
in the none too spacious court room,
there TO see Fatty" face the discom
forting outlook, heard 1t. Then the
announcement came 80 quickly and SO
unexpectedly 1t was plainly apparent
that It took some seconds before Ar
buckle realized 1t had been spoken.
When the case was called District
Attorney Brady announced that the
prosecution was ready TO proceed on
the murder charge. Frank f. Domin
tinuance OF ten days. saying he was
tired out from working on the case
day and night The District Attorney
sirous of adhering to every right OF
the defendant and had no objection TO
reasonable continuance. He sug-
gested FIVE days.
Defense TO Call Physicians
In reply Mr.. Dominguez indicated
one line which the defense would fol-
low, saying that there was q g,eat deal
Of expert medical testimony which must
be heard, it being of vital Importance
TO the case. This was understood to
mean that the defense would raise the
issue whether Virginia Rappe died as
the result Of medical treatment
A compromise was effected by the
Court setting the case for next Thurs
day afternoon, and Arbuckle was ush
cred from the room carrying the knowl =
edge that he must remain in Jail al
least seven days, whatever unexpected
developments might come after that.
After the Court session Mr.. Brady
issued a written statement qualifying
10 certain extent his decision to pro
Ceed on the murder charge. In this
statement he said:
The District Attorneys office. from
the time that the facts became known
has always been firmly Of the opinion
that tHc CoITecl cHdrse lnVOlVeu IN tht
Arbuckle case was murder. Under sucf
circumstances 1t is his imperative lega
duty to proceed with the complaint al.
leging murder now on file against tb,
defendant. Mr.. Arbuckle.
at is the sole province Of the trial
jury to determine, after the evidence
has been taken, in the event II should
find the defendant guilty, whether tho
verdict should be one of murder man
slaughter or any other crime comprP
hended in the charge, and also to FIX
the degree thereof"
The concluding paragraph Of Brady's
statement reveals that Arbuckle, al
though he 10 brought TO trial on q