The Birmingham age-herald., 1922-04-13
Vols lL@11nce Baro1s I11 Opening Come, to 5 NEW BREAK OCCURS IN MMLSSLSSLPPI RIVER LEXEE
Verdict by Acclama- tion, Actual Delibera- tion Taking Less Than One Minute
By A..oeIated Pre.s

By Associated Press
 San Francisco, April 12. A verdict of acquittal was re- turned by a jury tonight in the third trial of Roscoe C. (Fatty) Arbuckle on a man. slaughter charge growing out of the death of Miss Virginia Rappe, motion picture actress.
 The jury was out 6 minutes.
 The case went to a jury for a third time at 5:o8 o'clock this evening.
 The defendant was deeply affect ed. He received the verdict with n great sigh of relief. There was no demonstration, the court having warned against 1t. Mrs. Minta Dur fec ArbuchIe. the defendants wife. cried quietly. Both she and Arbuckle shook hands with tho jurors
 The quick return of the jury was . surprise.
 Edward Brown, whose presence on the jury was objected to by the prosecution. was foreman. There was slight delay when the jury re- turned due to the absence of the dia- trict attorney.
 The verdict was by acclama-
 ton, the deliberatiOn taking less
 than minute. The additional
 time was consumed by details.
 Jurors and spectators crowded
 around Arhuckie and his counseI
 and finally bore him off to the
 jury room to congratulate him
 further.
 'Arbuckle has no immediate plans" Gavin McNab, his chief counsel said. Tt was splendid victory"
 "The jury did It's duty" was the comment of Milton T. U'Ren, assis- tant district attorney.
 Christen wold, one of the two alternate jurors. said after the yer dict that he had expected an nc- qu!ttal after n short deliberation. The other alternate was q woman. Both were excused shortly after the jury retired.
 Began March c
  wns marked by the appearance of ap- proximately TO witnesses and the calling of two of the defense wit nesses by the county grand jury in connection with their testimony. The trial was longer than either of the previous hearings. consuming nearly five weeks.
 As in the previous hearings. much emphasis was placed on expert med ical testimony regarding the exact condition of Miss Rappe's bladder before and after death. This testi- mony was based on an autopsy find ing that Miss Rappe came to her death through rupture. The prose- cution presented report by a com mission of three pathologists, ap- pointed at the first trial, purportiug to show that, while the organ ap- peared to have been slightly in- famed, this irreguiarity did not pre- dispose 1t to rupture. The defense evidence was to the effect that Miss Rappe came to her death as tho re- suit of sudden crisis in a chronic illness. which led to rupture.
 Witnesses subpoenaed to appear before tho grand jury were Miss Vir- ginia Warren, a nurse, and Mrs Helen Madeline whitehurst. both of SHlChBO. MI VdfI0ilg u new Wit ness, testified that she attended Miss Rappe in Chicago on one occasion when the girl gave birth to a baby Mrs. Whitehurst repudiated a depo- sition which she admitted signing in Chicago to the effect that she had seen Miss Rappe i'll on a number of occasions at the girls home. She expressed the belief that the deposit ton was altered after she had signed 1t. and 1t was introduced into tes- timony as an altered document.
 As In the second trial, If jurors heard the case, two of the number being aiternates. Four of the reg ular jurors and one alternate were women.
 Mrs Arbuckie expressed her thanks to McNab by giving him a resound- ing kiss. The jurors held an in- formal reception with Arbuckle in the jury room. while newspaper pho tographers, armed with flash lights, took many pictures.
 AcQuitfal Not Enough
 A group of jurors headed by Brown issued a statement which | i'd:
 "Acquittal is not enough for Ros- COG c. Lrbuckle. We feel that great injustice has been done him.
 ''He acted in a manly manner and told a 5traiShtrorWard story.
 Both sides waived the reading of written instructions on the final charge to the jury, which received the case at approximately the same time as in the two former hearings, which ended in disagreements.
 The day was occupied largely by the concluding argument of Gavin McNab, chief defense counsel, and Leo Friedman, assistant district at torney. McNab charged that the dis trict attorney 'processed" witnesses to "railroad'' Arbuckle to prison. In answering Friedman said that had the prosecution undertaken to frame the case" there would have been no chance for a defense.
 Arbuckle was nervous throughout Friedman's argument. He whispered to his counsel at times.
 In his charge Judge Louderback