Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-03-29
STATE HAS NEW
WITNESS IN THE
ARBUCKLE CASE
Miss Virginia Briggs, En-
ployed at the Sanitarium
Where Miss Rape Died,
Is Put on the Stand.

San Francisco. Calf, March %.
The first direct testimony linking
| Roscoe (Fatty) Arbuckle with the
death of Virginia Rape was given
in his trial for manslaughter late
this afternoon by Miss Virginia
Briggs, secretary to DR.. Francis
Wakefield, at whose sanitarium
the actress died. She said Miss
| Rape told her:
"Arbuckle took me by the arm
and threw me on the bed and put
his weight on me and after that /
do not know what happened"
With the testimony of Miss
Briggs, a surprise witness. the
state rested its case. The defense
Immediately began the presenta-
ton of its evidence by calling
Adolph Juel. head of the police
Identification bureau. to the stand.
Court Denies Motion.
This is the first time Miss Briggs
has appeared as a witness and at
the conclusion of her testimony
the defense made a motion that
her statements be stricken from
the record as hearsay. This motion
the court denied.
Miss Briggs explained that she
had gone into Miss Rappe's room
on the day of her death. "She ask
ed me about the amount of the
hospital bill that would be due"
said the witness. "She said she
didn't see why she should pay the
bill as Arbuckle was responsible
for her being there. I told her that
If Arbuckle or any one else should
pay the account after she left, the
money paid by her would be re-
turned. She replied that she was
not going to leave. that she was
going to die.
"Then I asked her why she
thought she was going to die, and
it was then that she told me the
details Of the party"
Cross Examined by McNab.
Cross Examined by Attorney
Gavin McNab. defense chief coun-
sci. as to whether it was not true
that she had telephoned him ask
ing that Miss Rappe's bill be paid
and threatening that If It was not
she would tell her story to the dis
trict attorney, Miss Briggs made an
absolute denial. She also denied
that McNab had told her to give
any evidence she might have to the
district attorney, although admit
ting that he had told her to see
that official, she presumed, about
the bill.
II had some one on the line
while | was talking to you," said
the witness.
80 did l." volunteered McNab.
Miss Briggs declared that she
had not told her story before or
volunteered any information be-
cause she shrank from the motor
iety. She added that she had been
summoned to testify only last
Saturday.
Supposed Scene Enacted.
A portion of the alleged attack
by Arbuckle on Miss Rape was
enacted by the defense in an eff0tt
to show that had force been used.
the finger prints on the hotel room
door would have been blurred and
smudged beyond Identification.
Nat Schmulowitz, defense attor-
ney, impersonated Miss Rape and
e. O. Heinrich, who had testified
as a finger print expert, imperson-
ated Arbuckle. The door of the
hotel room was used in the stag
ing of the supposed scene. Helm
rich had testified that the doot
bore the prints Of Miss Rape ;
hand. with Arbuckle's superlm
posed.
Adolph Juel, finger print expert
for the san Francisco police de
partment, testified that the finger
prints on the door of the hote'
room in which the struggle was al
legged to have taken place were no'
those of Miss Rape and Arbuckle,
thus directly contradicting the tes-
timony of Heinrich, who developed
the photographs of the marks.
Juel was under cross examination
when the session closed.