The Washington times., 1921-11-23
ARbUCkL
AIMS. To Be.
INDICATED
Defense Seeks Not Only Free
dom, But Absolute Clearance
Of Murder Stain.
BY ELLIS H. MARTIN,

SAN FRANCISCO, Nov. 23.-
Roscoe ("Fatty"l Arbuckle was
fighting today for vindication.
eve want to make the defense
case SO complete andS 20 convincing
sbat not only will this defendant be
acquitted, but he will stand sindi-
Gated" Gavin McNab, his chief coun-
sci. said today.
Fatty May Take Stand.
Two upsets at the outstart of the
defense in no way disheartened Nc
Nab and his associates. 1t was learn.
ed today that it Is the intention OF the
defense to set up a theory to account
for the happenings construed by the
State as evidence of the film stars
guilt, so simple and of such common
sense as to have been overlooked by
the prosecution"
Fatty" is likely to take the stand
In his own defense. This is a matter
which will probably not be finally
determined for several days.
"Arbuckle is ready and willing to
take the stand-in fact anxious to do
So" a member of the defense counsel
said today. THE progress Of the
case will decide"
I'VE hope he does" was the COM
ment Of District Attorney Brady. II
have contended from the first that
there were two persons who could ex.
plain what happened in room 1919 at
the Arbuckle party. II Arbuckle
won't-no one else can.
But" he added significantly, I'VE
will give him a warm afternoon II he
takes the stand"
The defense on opening somewhat
disarranged their witness schedule In
order to repair with as much haste IA
possible damaging evidence given by
Or. K. o. Heinrichs, consulting Grim.
inologist. who, in true Sherlock
Holmes" style, identified the hand
print of a woman with the hand of a
man superimposed on the door Of room
1919 as those Of Virginia Rape and
Roscoe Arbuckle.
Setbacks for Defense.
Mrs. Kate Brennan, a housemaid al
the st. Francis, was called to tell the
jury that she thoroughly busted the
door in question: with a cloth on the
The two upsets suffered by the de
fense were the failure to get into
testimony an alleged statement of Vir
ginia Rappe the evening Of the party
made in the presence of George Glen
non, former hotel house detective, and
also failure to get INTO testimony q
statement of Miss Hamilton, trained
nurse, who attended Miss Rappe, as
to her physical condition. In both
cases the State objected and won Judge
Louderback's decision.
The defense had counted heavily or
Glennon's testimony, as 1t Is under
stood they expected him to say that
virginia Rappe absolved Arbuckle Of
blame. Miss Hamilton's statement was
important because II laid the basis
for hypothetical questions to be asked
noted medical experts who will testify
later for the defense.
Today's evidence will probably rep.
resent largely an effort to tear down
the States case. An occupant of the
room close to the Arbuckle suite will
be called to deny that woman's
screams were heard at the time 10.
sephine Keza, State witness, claimed
they were.
Lapse Of Time Disputed.
The time element figures strongly
in all testimony.
The State claims Arbuckle was in
the room with Virginia Rappe any.
where from half hour to an hour
The defense will claim that the period
OF time did not exceed ten minutes.
The State fixes the time of the al.
legged occurrence around o'clock
This time will be disputed by the de.
fense.
I'VE will prove our client innocent
by the clock" said McNab in his briet
opening statement to the jury.