Arizona republican., 1922-04-13

undertaken to frame the case there
would have been no chance for de-
fense.
Arbuckle was nervous throughout
Friedmans S argument. He whispered
to his counsel at times when Fried
man appeared to make particularly
telling point.
In his charge, Judge Harold Lou
derbac1, the trial judge, defined
rnanslaughter. He distinguished 1t
from unavoidable homicide, which he
said, was not subject to legal action.
He also defined medical expert tes-
tinony, around which both P>osecu-
ton and defense built their respective
cases to a great extent.
"The fact that an indictment has
been returned against the defendant
is no evidence Of his guilt" the court
said.
Seventy Witnesses Called
The third trial OF the nanslaughter
charge against Roscoe c. (Fatty)
Arbuckle began March and was
marked by the appearance of ap-
proximately 40 witnesses and the
calling of two of the defense Wit
nesses before the county grand jury
in connection with their testimony
tae previous hearings of the case,
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.
The testimony was based on an au-
topsy finding that Miss Rape came
to her death through rupture of the
organ. The prosecution presented a
report by a commission of the three
pathologists appointed at the first
trial tending to show that. while the
organ appeared to have been slightly
infIamed, this irregularity did not
predispose it to rupture. The defense
evidence along this line tended TO
show that Miss Rape came to her
death as the result of a sudden crisis
in chronic illness, which led to the
rupture.
The witnesses subpoenaed to ap-
pear before the grand jury were Mrs.
Virginia Warren, a nurse, and MRS.
Helen Madeline Whitehurst, both or
Chicago. Mrs. Warren, new Wit
ness, testified that she attended Miss
Rappe in Chicago on one occasion
when the girl gave birth to baby.
Mrs. Whtehurst repudiated deposit
tion which she admitted signing IN
Chicago to the effect that she had
seen Miss Rappe i'll on number OF
occasions at the girls home. She *
pressed the belief that the deposition
was altered after she had signed 1t.
and it was introduced into evidence
as an altered document.
AS in the second trial 4 jurors
heard the case. two of the number
1aino, = altarnateS Four of the regular
Jurors and one alternate were women,
Statement BY Jury
The statement issued by the jury
was signed by all the jurors. includ-
ing the two aIternates. 1t follows:
sAcauittai is not enough for Roscoe
Arbuckle.
eve feel that a great injustice has
BEEN done him. We feel also that IT
was only our plain duty to give him
this exoneration, under the evidence,
for there was not the slightest proof
adduced to connect him in any way
with the commission of crime.
AHIe was manly throughout the.
case and told a straightforward story
on the witness stand which we ell
believed.
aThe happening at the hotel was an
unfortunate affair for which Ar
buckle. so the evidence shows, was
in no way responsible. I
we wish him success and nope
that the American people Will take
the Judgment of Ia men and women
who have sat listening for 81 days
to the evidence, that Roscoe Asbuckle
is entirely innocent and free from all
blame"