The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1922-03-13
THIRD TRIAL OF FATTY
ARBUCKLE ON TODAY
Comedian Charged with Manslaughter
In Connection with Death Of
Virginia Rappe.

Virginia happe'
San Francisco, March 13,-Roscoe
c. (Fatty) Arbuckle, motion picture
coined an goes on trial today for the
third time on charges Of manslaught-
er growing out Of the death on Sept.
9, 1921, Of Miss Virginia Rappe,
motion picture actress,
1t is expected the process OF Sc
lecting a jury will occupy the greater
part Of a week. The trial will see no
changes in the lists Of opposing coun
sell but It IS expected that more Wit
nesses will be called, than in either
of the preceding trials.
San Francisco, March l3.-The ilrst
two attempts to convict Roscoe G..
CFatty) Arbuckle, motion picture com
edian, of charge OF man-slaughter III
connection with the death OF Miss Vir-
ginia Rape, motion picture actress,
ended in mistiral. The first jury
voted 10 to . for acquittal and the sec
ond 10 to 2 for conviction.
On September 5, 1921, a drinking
party was held in Arbuckle's suite IN
the Hotel St. Francis, which was at
tended by Miss Rape. her friend Mrs.
Babina Maud belmont, Zey Provost
and Alice Blake, showgirls, and a mum.
Der of Others After Arbuckle had
been alone in his room with Miss
Rape for brief period she was
found on a bed, apparently in agony
Four days later she died from the e.
fects Of ruptured bladder.
On September 10, Mrs. belmont
swore to murder charge against
Arbuckle and three days later the
grand jury returned man-slaughter
Indictment against him. A police court
hearing Of Mrs belmont S charge re-
suited In its being reduced to man
slaughter, and Arbuckle went to trial
on this charge on November IA. on
Sunday. December 4, the jury ended
a period OF deliberation covering AZ
hours with the statement that It
could not agree. The second trial
started January II and ended Febru-
AIRY 8. the jury being out A hours.
Arbuckle testified in the first trial,
but did not do 50 in the second.
After the second trial District At.
torney Matthew Brady announced that
had a majority OF the jury voted for
acquttal would have moved Tor the
dismissal OF the case but the prepon-
derance in favor OF a conviction COM
pels me to prosecute il a third time
The second trial was on the grand
jurys Indictment Through the failure
OF the juries to agree both the indict-
ment and the police court charge were
kept alive.
Miss Rappe had come 10 San Fran
cisco with her manager, A. Semn-
acher and Mrs belmont for visit,
and were invited to the Arbuckle
party by Fred Fischback. roommate 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 tax.
en- TO another room of the hotel and
later to the sanitarium where she
died While the invest cation into the
death was progressing ley provost
and Alice Blake, the two principal
prosecution witnesses were sent for
safe keeping to the home of an at.
tache of the district attorneys office,
the fear being expressed that they
might be approached" This action of
the district attorney was characterized
as imprisonment" by Gavin McNab,
chief defense counsel. and was made
an issue in both trials.
The testimony of Miss Provost and
Miss Blake in the second trial differed
so materially from their statements in
the first trial that the prosecution
made an attempt to impeach them
and designate them hostile witness.
es The attempt was ruled out OF court
Both had testified in the first trial
that they heard Miss Rappe say while
suffering on the bed "He hurt me, In
the second hearing their recollection
was hazy on this point.
Incidents of the first trial were the
bringing of a perjury charge against
Mrs. Minnie Neighbors. Los Angeles,
land the mysterious poisoning of Mrs
Irene Morgan, Pasadena, both defense
witnesses. The charge against Mrs
Neighbors was dismissed and Miss
Morgan recovered Incidents of the
second trial were the failure of Ar
buckle to testify, the attempts to i'm
peach the prosecution witnesses re
ferred to and the decision OF the de
fense not to make a final argument