The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-12-02

pect as court convened today. Gavin
MeNab, veteran war horse of the de-
tense legal staff and past master at
the art & jury pleading, resumed to-
day his appeal for acquittal at the
point he was interrupted last night by
adjournment of court.
There was possibility that McNab
might decide to close his case with
MS first argument, altho it was con-
Sfdered likely he would avail himself
! of the advantage of having the last
word with the jury Or he may dele
gate that to his silver tongued young
associate, Nat SohmuIowitz, whose
brilliant legal performances have beeu
an outstanding feature of the trial.
The state pinned its hopes on the
maj talk to be delivered by Assist
ant Attorney U'Ren, who was to fol-
low McNab. URen has borne the
burden OF the prosecution and altho
not an orator Of the type OF McNab.
| his method of talking quietly and rea-
soning logically has in past cases had
a powerful Influence on jurfes Leo
Friedman, youthful assistant district
! attorney, paved the way for his talk
IN opening for the state yesterday.
Branded AS Liar.
| Friedman branded Arbuckle as a
liar He questioned the veracity of
defense witnesses and demanded pun
! ishment of Arbuckle, the man without
thought of Arbuckle, hero of a thou
saHu laughS- HIS denuncfatiOn OF
I the film star was vitriolic
I'm say he bawled me out" was
the way Fatty explained t after an
| uncomfortable two hours under the
lash of Friedman's tongue during
which the prosecutor frequently
] matted in his denunciatien to level a
ringer OF scorn at the obese defendant
McNab was no less denunciatory,
| altho he used the more subtle weapons
OF sarcasm and satire. Denouncing
| the methods of the district attorney
| in handling the case, he suggested it
might become necessary to move
from San Francisco to America" He
| told the jury it must accept one of
| two theories.
McNab Offers Two Theories.
EITHER Miss Rape was on the
| floor of that bathroom, nauseated and
| sick, as the defendant has told you,
| or she was in that room in the per
| feet physical condition described by
| the state. She was either a sick wo-
man or a giantess. Very well. If she
| was sick, If she was in the condition
| described by Mr.. Arbuekle, no man
| could have been brutal enough to at
| tack her.
And if she was the giantess de-
| scribed by the state. with the lung
| power attributed to her by their wit
nesses, do you think he could have
| made such an attack without the en-
/ liz HOl6l hl4OWlAB II. buI Ol Oi4S
side of the door sat a witness for the
state, Zey Provost. And in the room
on the other side, 1918, sat Mrs. Ian
cashire, a guest of the hotel. And
| both of them said they heard no out
| cry, no commotion. The windows
| were open, the transom was open. Do
| you think it possible for any such
| thing to have happened without some
| one having heard this girl protest
| ing?"
! Investigation continued today of the
| mysterious illness with which Miss
Irene Morgan. defense witness, was
seized late yesterday. 1t was first
| charged by defense counsel that she
had been deliberately poisoned. Later,
| this was amended when Milton Cohen
| who conducted the investigation
| charged that Miss Morgan had ''been
| doped for q purpose"
Independent investigators found evil
| dence of a possible attempted suicide
| There were many mysterious elements,
| however. In a rambling statement
| made by Miss Morgan she charged
| that an elderly man had bounded heI
and poisoned her with candy and
orange Juice.