The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-03-13
Panel of Sixty-Five Pros
pective Jurors
Present
zEY Provost MISSING
Star Witness of Prosecu-
tion Believed in
New Orleans

S<AAt t!SEA4NSlOSO, NaECu l3.-
Roscoe ("Fatty") Arbuckle, film
comedian, today for the third time
faced trial on a charge OF man.
slaughter In connection with the
death Of Miss Virginia Rappe, film
actress who died after PARTY In
Arbuckle's suite at the Hotel st,
Francis. Evidence not offered at
either Of the proceeding trials is
promised by both defense and
prosecution.
Doubt was expressed today in
the corridors outside Superior
Judge Harold Louderback's court
whether the panel OF 65 prospec.
tive Jurors would be sufficient to
provide jury.
The trial probably will proceed
without the presence OF Miss Zey
Provost, star witness for the pros
ecution at the proceeding hear
ings. She left San Francisco aft
er the second trial and has been
reported living in New Orleans.
Perjury charges, voted by the
grand jury against Mrs. Minnie
Neighbors and Mrs. Florence
Bates as the result Of defense test.
ilnnny they offered at the first Ar
:tiieA hearings are expected to-be
Sconsid by the grand Jury when
It resumes session today.
The first two attempts To con-
Vict Roscoe c. (Fatty) Arbuckle,
motion picture comedian, Of a
charge Of man-sIaughter in con.
rectlon with the death OF Hiss
Virginia Rappe, motion picture
actress, ended In mis-triaIs. The
Fist jury voted " to 2 for acquit.
tai and this second 10 to for con-
Victlon.
Gn Sept am1c:: 5, 1921, a drink
lis party WAS held in ArbucN!t s
suite in the MyL.l Il. Francis,
which was attended by Miss
Rnppe, her friend Mrs. BanilhGa
Maud belmont, zey Provost and
Alice Blake, showgirls, and a
number Of others. After Arbuckle
had been alone in lis rOoonl Will:
Miss Rape for brief period She
was found on a bed, apparently in
agony, Four days later she died
from the effects Of a ruptured
bladder.
On September 10 Mrs. belmont
swore to a murder charge against
ArbuCkie and three days later the
grand jury returned man.
slaughter Indictment against him.
A police court hearing of Mrs.
Delmont's charge resulted in its
being reduced to man-slaughter,
and Arbucklo went to trial on this
charge on November IA. On Sun
day. December 4, the jury ended a
period of deliberation covering AZ
hours with the statement that 1t
could not agr2e. The second trial
started January II and ended
February 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
Attorney Matthew Brady announc-
ed "had a majority of the jury
voted for acquittal I would have
moved for the dismissal of the
case but the predonderance in
favor of a conviction compeis me
to prosecute it a third time" The
second trial was on the grand
jury's Indictment. Through the
failure Of the juries to agree both
the Indictment and the police
court charge were kept alive.
Miss Rappe had come to San
Francisco with her manager, A.
Semnacher, and Mrs. belmont for
visit, and were invited to the
Arbuckle party by Fred Fishback,
roommate Of ArbuckIe. Accoru-
ing to the testimony there was a
generous supply Of liquor at the
party. aud Arbuckle entertained
the guests while wearing his paja-
mas 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 principal prosecution witness-
eswere sent "for safe keepAg" to
the home OF an attache Of the dis
trict attorneys office, the fear
being expressed that they might
be approached" This action Of
the district attorney was charae-
terixed as imprisonment" by
Gavin McNab, chief defense eoun-
sci, and was made an issue In both
trials.
The testimony OF Mlas Provost
and Miss Blake IN the second
ltrl4l, differed 40 materially from
CONTINUED on Page Fourl