Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1922-01-26
NOON ECLIPSE NOW
ARBUCKLE FACTOR
Witness to Tell Of Miss Rappe's
Actions at Such a
%. Party
fINGERPRINTs UNDER FIRE

San Frnncisco. Jan. 26.--How rir-
ginia Rappe conducted herself at n
party was the topic Of testimony at the
opening Of today's session In the second
trial Of Roscoe G. Arbuckle, accused Of
nhanslaughter in connection with her
death. Mrs. Allen Barrie, Of Holly
wood, was scheduled 70 resume testi-
mony for the defense curtsilcd when
court adjourned last night.
Mrs. Barrie said that she and Miss
Rnppe attended a party during an
eclipse Of the moon in 1921" but wha.
happened there was left for later revel-
alton.
Considerable evidence tending 10 show
that Miss Rappe suffered from attacks
Of seemingly severe illness was offered
yesterday. The defense IL seeking 70
any act OF ArbucRle which caused the
girls death.
Attacks FingWprints
Assertions BY ingerprint expert Carl.
son that the impression on the hotel
door had been. In part et least. made by
some others means than the direct con-
tact OF the human hand, an effort by
the State 10 strike out testimony by
Kate Brennan on the ground that an
order committing her to the Stockton
Asylum never had been revoked and
that therefore she Hps Incompetent TO
testify, and testimony By four witnesses
who stated that they saw Virginia
Rnppe suffer attacks Of illness similar
to that suffered on September .. were
the principal development yesterday.
Carlson offered the real sensation Of
the day when he emphaticnlly repeated
his declaration that the marks on the
door could not be identified as the An
gerprints Of Miss Rappe and Arbuckle
and at the end OF a rigid cross exarri.
nation said briefly, "I say rs a fake"
Carlson asserted that the application
Of aluminium dust made by Z. &. Hem
rich had served not only 10 lessen the
chances Of Identifying the prints, but
had provided means Of telling that nil
OF the marks on the door were not
made By human fingers.
Alle.es Errors in Prints
He described the prints as o design
created with the intention OF indicating
picture of notion" namely. Of the
two hands in contact and struggling
hut added that the design had been In
correctly carried out in some points
pointing especially to the location oi
the mark claimed to be the heel of the
smaller hand.
In relation 20 the mark claimed e
be the thumb print hc stated It to b
physically impossible TO comfort q hand
into the position to make the print a.
It appears.
70 Four witnesses were called By the
defense TO testify Us TO Miss Rape,
former illness before the State aroused
itself to interpose m objection. baset
on the claim that the facts being ties
titled 70 were not being connected with
the main events Of the case. The poin
was still being argued when court ad
iourncd. These witnesses we're Eigen,
W. Presbray, dramatic author from
Hollywood: J. VI. Covington. propr!e.
tor Of cafe at Venice: Mrs. A. L
Portneil. OF Selma, and Mrs. Franclr
Rudes, Of Santa Anna.
Committed to Asylum
Attempting to have Kate Brennan :!
testimony stricken from the records
! the State presented commitment L
the Stockholm asylum dated 1909. As
sistant District Attorney Friedman
laid that the commitment never hat
been judicially set aside and tha
/ therefore Miss Brennan was barred
from tcstifying, although she has no
been an inmate Of the asylum sine,
June. 1920 Judge Louderback tool
under advisement the legal status o.
the witness, and will give HIS decision
tomorrow morning.
Fred Fishback, who accompanied
Arbuckle on his trip to San Francisco
and attended the party on Septenbel
8. was called to testify. telling III,
same story Is on the former trial. II,
told Of inviting Miss Rappe TO tn,
party, of leaving TO drive to the beach
of returning and finding the girl III. an,
Of assisting 10 place he. in the tub O
water.