The daily star-mirror. (Moscow, Idaho) 1911-1939, 1922-03-15
.ARBUCKLE'S CASE
TO THIRD TRIAL
FIRST TWO ATTEMPTS TO CON-
YICT FOR MANSLAUGHTER
END In MISTRIALS.

San Francisco-(A. P)-The first
i two attempts to convict Roscoe c..
4 (Fatty) Arbuckle, motion picture
comedian, of a charge of man-slaugh-
ter in connection with the death of
Miss Virginia Rape, motion picture
actress, ended in mistrials. The first
jury voted 10 to 2 for acquittal and
the second 10 to for conviction
On September 5, 1921, a drinking
party was held in Arkuckles suite
in the Hotel ST. Francis, which was
attended by Miss Rape, her friend
Mrs. Bambina Maud belmont, Zey
Provost and Alice Blake, show girls,
and number of others. After Ar
buckle hadibeen alone tn his room with
Miss Rappe for brief period she was
found on bed, apparently in agony.
-Four days later she died from the
effects of ruptured bladder
Murder Charge Issued
On September 10 Mrs. belmont
Arbuckle and three days later the
grand jury returned a manslaughter
indictment against him. A police
court hearing of Mrs. Delmont's
charge resulted in it's being reduced
to manslaughter, and Arbuckle went
to trial on this charge on November
IA. On Sunday, December 4, the jury
ended period of deliberation cover
ing 43 hours with the statement that
it could not agree. The second trial
started January II and ended Feb
ruary 8, the jury being out A hours.
Arbuckle testified in the first trial,
but did not do so in the second
After the second trial District At
torney Matthew Brady announced
that had a majority of the jury voted
for acquittal I would have moved for
the dismissal of the case but the pre-
ponderance in favor of conviction
.compels me to prosecute it third
time"
The second trial was on the grand
jurys Indictment. Through the fail
ure of the juries to agree both the
indictment and the police court
charge We're kept alive
Plenty OF Liquor ;.
Miss Rape had come to San Fran
cisco with her manager, A. Sem
nacher, and Mrs. belmont for visit,
and were invited to the Arbuckle
party by Fred F7ischback, roomate of
Arbuckle. According to the testimony
there was generous supply of liquor
at the party and Arbuckle entertained
the guests while wearing his pajamas
and bathrobe.
After the party Miss Rappe was
taken to another room of the hotel
and later to the sanitarium where she
died. While the investigation into the
death was progressing Zey Provost
and Alice Blake, the two prosecu-
ton witnesses were sent sfor safe
keeping" to the home of an attache of
the district attorneys office, the fear
being expressed that they might be
approached This action of the dis
trict attorney was characterized as
imprisonment by Gavin McNab,
chief defense counsel, and was made
an issue in both trials.
Statements Differ
The testimony of Miss Provost and
Miss Blake in the second trial, diff
fered SO materially from their state
ments in the first trial that the pro-
secution made an attempt to impeach 1
them and designate them hostile wit
nesses. The attempt was ruled out
by the court. Both had testified in
the first trial that they had heard
Miss Rappe say while suffering on
the bed He hurt me- In the sec
ond hearing their recollection was.
hazy on this point.
Incidents of the first trial were the (
bringing of a perjury charge against I
Mrs. Minnie Neighbors, Los Angeles, Z
and the mysterious poisoning of Mrs. I
Irene Morgan, Pasadena, both de-
Tense witnesses. The charge against
Mrs. Neighbors was dismissed and
Miss Morgan recovered. Incidents of
the second trial were the failure of
Arbuckle to testify, the attempts to
impeach the prosecution witnesses
to and the decision of the
defense not to make a final argument.