Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1922-02-04
ARBUCK[E' 'MOSh
!. Face THIRD TR||
Jury's Vote Of 10 to 2 for Z
viction Surprises Both
Sides
FATTY MUCH. DoWNcA|

San Francisco. Feb. 4.-"Rsa.
able doubt" in the minds Of Lea ~
and Glenn Brownsberger. two ~
Jurors. saved Roscoe Arbuckle from
viction on n manslauphter cbs.IS
connection with the death Of VIZ
Rappe.
Ten to two for conyictio, r.
hnal stand of the jurors when n, y
CLOCK Yesterday morning they rens
hopeless disagreement and was
charged by Judge Harold Lomds,,
fonrteen ballots were taken.
ArbTkle will be tried for -. ~
time: Said District ATTORNEY M..:tI
Brady: The date for the thirj tr,sV
De set Monday morning nt in n'.,
1t will probably be at least n ~
De1ore the comedian again faces n
According to the jurors. ninc - "
number voted steadily for con.,s
from the first ballot to tho fovn..
the last taken. Dolson md H.
berger stood with equal frmness
What Guided Jury
Elbcrt j. Mitchell switched fro,. d
quittnl to conviction on the tenth
lot, but said afterward that hi
votes had been cast, not from h.i,.s
ArGucKie innocence. but because
wished to be absolutely convinced (
certain points Of the Testimony hsa''
ne voted for conviction. The I'm
differed in the weight they gave n n
buckles failure to take the stand hia
self and to the defense tactics Of NJ
mitting without argument.
Some said that they considered 4
lack of argument by the defense n ~
fcssion of weakness. while other, y
clared that an argument would M,
made no difference.
Arbuckle's own story. the testims,
of Icy Provost and Alice Blake 4
story told by Josephine Keza md N
weakness declared by the jurors IA !,
ist lin the defense efforts to prove ~
ural causes for Miss Raprc's des7
appeared to be the deciding factors
The announcement of the hopele
deadlock came after the Jury had N,
out nearly forty four hours.
1t was not until Assistant Dimt
Attorney Friedman. the first to pet
news, announced that the ten had nj
for conviction that the real surpfl
came.
Reversal Is Big Surprise 4
1t was an obvious surprise. Arbucl
himself appeared stunned. Mrs. 4
buckle broke down for brief instsI
and then rallied with the courage
has shown since her husbands trout
began. t
Attorneys for. the prosecution Z
defense looked at each other with pt
zled eyes. All over the courtroom N
an incredulous buzz. With the jury
the first trial standing 10 to . for {
! quittal. and the rumors of prejudice Il
followed it's decision. the complete
versal was unlocked for.
Arbucklc appeared 10, be somewl
downcast by the disagreement. Me-
bcrs Of his family were so viil
perturbed that it was some nome
before they greeted him or his att
ncys after the result was known.
I'm this life you've got to take
Lunch now and then" said Arbuch
IL III ready to go to trial again. III
sure that ] shall he able to prove
| innocence Oh tHiS 'nuTSc " auVV
trial.
Z Its just fate" Mrs. Arbuckle
planned "Sincc las: Saturday
Il premonition that things were go
against us
The jury was nut Que hour lon
than The jury in, the first trial, VIII
had announced final ballot OF ten
two for acquittnl.
JurywOmasl Nervous
When the jurors returned to co
yesterday they looked haggard
worn and the lone woman juror. N
Mary II. Somcrs, was visibly nerve
\ crowded courtroom heard the res
"In spite of my own personal 9
v,rtion it was my intention TO
guided by the opinion Of mnjority
Tho Jury" District Attorney Br
said. "lIad the majority Of the
been IN favor of IN ac1uittnl ] wc
have asked for dismissal. AS
Jury stood ten for conviction to
FOR acGuittal, it is manifcstly my d
| ,l,n ~. =, ~