Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-02-04
ARbUCkLE MUST
FACE Ord TRIAL.;
10 FOR GUILT
Dismissed Second Jury
Out A Hours; Took
Ia Ballots; Disagreed.
Reversal of First Dead
lock Determines Pros
ecution S Course.

San Francisco, Feb. 3.-The jury in
the second trial Of manslaughter
charge against Roscoe c. (Fattyl Ar
buckle, decided at the conclusion of a
A hour session that it could not agree
and was discharged Friday. with the
final ballot standing 10 for conviction
and , for acquittal, an exact reversal
of the stand taken by the Jury in the
first trial. 1t determined the prose
cution to proceed with another attempt
to convict the movie comedian.
The case was placed on the calendar
for next Monday to be set for retrisl-
Both prosecution and defense an
nounced that they would favor such
trial.
Arbuckle was accused of having
caused the death of Miss Virginia
Rappe. of Los Angeles, motion piet-
ure actress. who was taken i'll at
party in Arbuckle's suite here at the
Hotel ST. Francis on Labor day, 1921.
and died four days later as the result
of ruptured bladder.
Guided by Preponderance
Later Nate Friedman, one of the
jurors. announced that the two voting
for acuuittal were Lee Dolhon and
Clem r. Brownsherger.
"The first 10 ballots were 9 to 3
for conviction. Then it switched to
10 TO and stayed there until the
fourteenth ballot. which was the last
one taken," Friedman said.
District Attorney Brady, who was
not in court when the jury returned.
announced later that had the majority
SlN <ol AAf
he would have moved for dismissal
"As the jury stood 10 for conviction
to = for acquittal. it is manifestly my
duty to try the case again." he said
Arbuckle seemed downcast at the
disagreement. The courtroom was
crowded for the result of the iury's
celebration. The jurors all seemed hag-
gard and worn.
Defense Weak Says Juror
So sure had the defense been of its
position it had submitted it's case with
out final argument. This had IN effect
opposite than the one intended. accord
ing to Nate Friedman, one of the iur-
ors in formal statement.
I'VE thought that when defense de
clined to argue it had thrown up its
hands, he said. The weakness of its
case was apparent from the beginning
Not only was Arbuckle downcast by
the result, but members of his family
were so perturbed that il was some
moments before they greeted him or
his attorneys after the result was
known.
The jury was out one hour longer
than the jury in the first trial. which
had announced final ballot of 10 to ,
for aequittal.
When the jurors returned Co court
they looked haggard and worn, and the
lone woman juror. Mrs. Mary Ell. Som
ers. was visibly nervous. A crowded
court room heard the result.
McNab Says He's Confident
Gavin McNab, chief counsel for Ar
buckle. issued the following statement:
THE jury in the first trial on prac-
tically all ballots, stood IL for acquit
tal and one alternate for acquittal and
one juryman for conviction.
I'm this trial, on practically all ball
lots. the jury stood 8 for conviction
and three for acquittal, with the two
alternates for acuuittal.
1--WE, who know that Roscoe Ar.
buckle is innocent. are confident that /,
right and truth will finally prevail. q