Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1922-01-20
'UNDERM|NES CASE
AGAINST ARBUCKLE
zey Preyost Refuses to aemem-
Der Her Previous Testimony.
Prosecutor In Difficulties
JURY PROBES COERCION

San Francisco, Jan 20.--Zey Pre-.
vost's faulty memory sent the case of
the State against Roscoe Arbuckle, on
trial for nnnslaushter TO the verge Of
disaster in Judge Harold Louderback's 8
court yesterday.
Zey Pervot's memory became 90 bad.
and her reluctance to testify accord
ing to expected lines was so evident,
that the State sought to have her de-
clared a surprise witness. so that, under
a, rule of law. she might be cross-exam-
ined by the prosecution and variations
between her testimony on other occa-
sions might be gone into. The attempt
failed. Judge Louderback holding that
there was nothing In the record TO show
Miss Provost as q witness hostile to the
State.
Zey couldn't remember many details
Of the occurrences Of September 8. but
when II came TO her appearance before
the Grand Jury her discussions with
members of the District Attorneys Office
and tho methods Of persuasion that she
declared there officials used, her memory
was perfectly clear. She testified re-
luctantly as TO the events Of the hotel
party, volunteering nothing and answer
ing briefly, but when, on cross examln-
alton, Attorney Gavin McNab took her
over her experiences since that date,
she was entirely ready to talk, and
what she said gave District Attorney
Brady and his associates an uncomfort-
able half hour.
Refused to Sign
Miss Provost declared that on the oc-
casion OF her first appearance before
the Grand Jury a. bitter struggle had
been waged over her refusal 70 sign a
statement containing the allegation that
Virginia Rappe said II am dying, he
killed me-" Assistant District Attor-
ney Milton U'Ren, she said, urged her
to sign, and District Attorney Brady
told a detective to take her upstairs
and lock her up IL she refused.
She was permitted to 60 home that
night, she said. after her mother and
friends had given assurances that she
would return the next day.
WAS your house watched that
night?" asked McNab.
II should say So" answered Miss
Provost.
The next morning, she said, che re-
W lllC ltlblllC Outt.
and signed the statement after the
words "he hurt me" had been substi-
tuted for "he killed me"
Even these words, Miss Provost de-
clared, she did not remember hearing.
They told me that Alice Blake said
Virginia Rape said that" she testified,
"and said. We'll, If Alice says so,
maybe Virginia did. but don't re.
member it,"
Memory unrefreshel
Assistant District Attorney Leo
Friedman had strenuous time trying
to persuade Miss Prevost's reluctant
memory into action. Again and agGin
he showed her portions Of her tesG-
mony at the first trial, endeavoring to
refresh her memory" Except for a
very few occasions. her memory re-
mained entirely unrefreshed, and on
some OF these occasions the refreshing
brought out testimony that was far
from helpful to the, State.
She was very haSy as to exactly what
Virginia Rappe said when her illness
was first discovered. She admitted that
Miss Rappo said Il am dying and
something about being hurt" but in
sisted that the latter remark was made
only after Fred Fishback had carried
the girl 10 the bathroom md back to
the bed. 1t was then that Friedman
sought TO have Miss Provost declared
surprise witness In the effort to get
certain portions of the earlier testl-
mony into the record.
Long and hard fought battles devel-
oped over Miss Prcvost's recollection
OF who closed the door of Room 1919,
ne tou, Inn. Mica Ranpo onI A rbunLI Ia