The Birmingham age-herald., 1921-09-28
STATE RESTS CASE WITHOUT BELMONT
 WOMAN ON STAND
Complaining Witness Left Off by States Attorney-Fate of Fatty Rest in Judges
 Hands
By Assnciaied Press


 san francisco. September 27.-The question whether Roscoe C.. Arbuckle will be tried in the superior court for the murder of Miss Virginia Rappe or whether he will be held on the ics- ser charge of manslaughter will be decided tomorrow by Police Judge Sylyian Lazarus, before whom the film comedian has been examined on a murder accusation
 The prosecution suddenly closed it's case today without the testimony of the complaining witness, Mrs. Bani pima Belmont, saying ample evidence had been presented to warrant hold inf for murder. The court although warning the district attofney that he was running the danger of q dis missal by not producing more proof, practically removed all possibility of such action by denying a defense mo- ton to dismiss, and announcing that he rarely failed to ihold defendant to answer. As to the particular charge, however Judge Lazarus said his mind was not yet made up. He then continued the case until tomor- rev at p. m., givin gthe defense per- mission to introduce evidence of It's own at that time if desired. Frank Domlnguez, Arbuckles chief counsel. said he would not reach d decision until that time whether to avail him- self or the opportunity,
 Dominiguez demanded opportunity to prove Mrs. Deimont's accusations against Arbueile to be falsehoods, but Judge Lazarus said the district attorney could not be compelled to put her on the stand, although lie re- gretted greatly that more proof had not been given and the complainant examined.
 Miss zeh Provost, one of the show girls participating in the St rrancts notel party, was the first witness to- day.
 Arbuckle, Miss Rappe Mrs. Sam pima M pelmont, +Mtss+Alfce Blake, Alfred semnacher and Lowell Sher- man were in Arbuckle's suite when she joined the party, she testihed. Arbuckle and sherman were dressed in pa1amas, bath robes and slippers, she said
 Was Seated by .Fatty.
 Miss Rappe was seated on settee at Arbuckle's side, according to the witness, who said she saw n little bit' of drinking.
 Fred Fishbach later joined the party, Miss Provost added. and others were m ana out or the room much of the time.
 Did you see Miss Rappe leave tht room at any time?n asked Assistant District Attorney Milton u'ren.
 About an hour later, she replied. "Arbuckle followed Miss Rappe into the room adjoining the one where the party was gathered closing the door" Miss Provost continued.
 Miss Rappe sort Of skipped into room 1219,n Miss Provost satd.
 Heard no Bolt Turn
 When ArbucSle followed she did not hear any bolt turn, the witness said.
 Mrs. Deimont was pretty drunk, wasn't sheg' asked Frank Domin- guez, chief counsel for Arbuckle.
 Yes" replied Miss Provost, add ing that Mrs. Belmont was dressed In pajamas.
 The witness said she saw Miss Rappe only take one drink of gin and orange juIcs.
 She contradicted Semnacher's story told last week that he was among those present when Miss Rappe was found, and that he sat on the bed and attempted to revive her. Sem nacher was not present according to Miss Provost.
 Questining of Miss Provost will be resumed at the afternoon session.