The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1922-03-13
ARBUCkLE'S THIRD
TRIAL OPENS TODAY
More Witnesses to Be Called
Than at Two Previous
Mistrials
SPEND MOST OF
WEEK GETTING JURY
First Jury Stood 10 to for Acquittal.
SeOnd 10 to . for Conviction - His
tory of Party Fatal to Virginia Rappe
and of Earlier Trials

II
and of Earlier Trials.
san FRANCISCO. March l3.-Roscoc
G. Fatty) Arbucl<le, motion picture
comedian, will 90 to trial today for the
third time, on charges of manslaughter
growing out of the death ON Sept 8, 1927,
of Virginia Rape. motion picture
actress. Her death followed a drinking
party in Arbuckle IS suite in the Hotel
st. Francis.
1t is expected the process or selecting
a jury viii occupy the greater part of
"a week. The trial viii see no change in
the lists of opposing counsel, but it Is
expected that more witnesses will be
called than III either of the preceding
trials.
The first two attempts to convict Ar
buckle, ended in mistrials The first jury
voted 10 to , for acquittal and the sec
ond 10 to for conviction.
On September 5. 1921, drinking party
was held in Arbuckle s suite in the Ho-
tel st. Francis, which was attended by
Miss Rape, her friend Mrs Bambina
Maud belmont, ley Provost and Alice
Blake, showgirls, and number of
Others After Arbuckle had been alone
in his room with Miss Rape for a brief
period she was found on bed, appar-
entity i'm agony. Four days later she
died from the effects of ruptured blad-
der.
On September 10. Mrs. belmont swore
to a murder charge against Arbucl<le
aud three days later the grand Jury re-
turned a man-slaughter indictment
against him. A police court hearing of
Mrs. belmont : charge resulted in its
/ being reduced to manslaughter. and Ar
buckle went TO trial on this charge on
November A. On Sunday December {
2 4
covering 43 hours with the statement
that il could not agree. The second trial
started January IL and ended February
| 3, the Jury being out fl hours. Arbuckle
testified in the first trial. but did not
do SO in the second.
After the second trial District Attor-
! ney Matthew Brady announced that
q" had majority of the jury voted for
acquittal | would have moved for the
dismissal of the case but the preponder-
ancc i'm favor of a conviction compels me
TO prosecute ii third time. > The sec
ond trial was on the grand jury ; in-
dictmcnt. Through the failure of the
iuries to agree both the Indictment and
the police court charge were kept alive.
Miss Rape and the Party.
Miss Rape had come to san Francisco
with her manager, \. Scmnacher. and
Mrs. belmont for a visit. and they were
invited to the Arbuckle party by Fred
Fischback. roommate of ATbuckle. Ac-
coTdiHg to the testimony there was a
generous supply of liquor at the party
and Arbucklc entertained the guests
while wearing his DaIamas and bathrobe.
After the party Miss Rape was
taken to another room of the hotel and
later TO the sanitarium where she died.
While the investigation into the death
was progressing ley Provost and Alice
Blake, the two principal prosecution
to the home of an attachc of the dis
trlct attorney : office, the fear being
expressed That they might be APP
preached - This action of the district
attorney was characterized as impris-
onment by Gavin McAab, chief defense
counsel. and was made an issue in both
trials
The testimony of Miss Provost and
Miss Blake in the second trial. different
So materially from their statements in
the FIRST trial that the prosecution made
an attempt to impeach them and desig-
nate them ''hostile witnesses. The at
tempt was ruled out by the court Both
had testified in the first trial that they
had heard Miss Rape say while suffer
ing on the bed "He hurt me. = In the
second their recollection was hazy on
this point.
Incidents of the first trial were the
bringing OF a perjury charge against Mrs.
Minnie Neighhors, Los Angeles, and the
mysterious poisoning of Mrs. Irene Nor
gan, Pasadena. both defense witnesses.
The charge against Mrs Neiglbors was
dismissed aud Miss Morgan recovered.
Incidents of the second trial were the
failure of Arbuckle to testify, the at
tempts To impeach the prosecution wit.
nesses referred to and the decision OF
the defense not to make a final argu-
mcut.