Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-04-09
.YANK ARbUCK[E
LAWYERS OVER
TO States SIDE
Deposition About Rap
be Girls Illnesses Are
Found to Be Doctored
Two Defense Witnesses
Also Cited to Tell
Grand Jury About 1t.

ance on the stand of Gavin McNab.
| chief counsel for the defense, as a
prosecution witness and the reopenlng
of the main case of the defense marked
| Saturdays session of the third trial OF
the manslaughter charge against Ros-
coe G. (Fatty) Arbuckle. McNab alb
sent -mindedly took the witness stand
without being sworn and when told to
stand up for the oath. explained that
! he was used to examining witnesses
and not to being questioned as fit
ness himself
McNab testified regarding the OBJ
tanning of certain defense depositions
! from Mrs. Helen Madeline Whitehurst,
by Albert SABBATH, Chicago, the prose-
cution desiring to know how they came
into his possession. He testified that
the whole matter was handled by east
ern agents Of the defense. Charles II.
Brennan, associate defense counsel. also
testified regarding the depositions.
Mrs. Virginia Warren and Mrs.
Helen Madeline Whitehurst of Chicago.
defense witnesses, were subpoenaed
Saturday to appear before the grand
jury Monday night in connection with
the testimony they gave in the trial.
The announcement of the service Of
subpoena was made by District At
torney Matthew Brady. Mrs. Warren
and Mrs. Whitehurst testified that
Miss Rappe was taken i'll Il number of
times in Chicago and the former said
she attended Miss Rappe on the oc-
casion Of the birth of child.
State Calls ArhuckIe Lawyers
The prosecution produced several
witnesses who contradicted In rebuttal
testimony the assertions Of Mrs.
Warren and Mrs. Whitehurst, saying
that Miss Rappe. whose death Ar
buckle is accused Of having caused, en-
joyed good health during the years that
they knew her and that they never
knew of her becoming a mother.
The prosecution concluded it's rebut
tai testimony Saturday, with the ex
ception of three minor witnesses who
failed to arrive from Los Angeles, by
calling to the stand McNab and Bres-
nan.
In Mrs. Whitehurst's deposition
she was credited with saying that Miss
Rappe became i'll q number of times
Mt her home. but in the trial she de-
clared Miss Rappe was i'll only twice
ton must have been changed after she
gave it.
Defense Repudiates SABBATH
When she said the document must
have been altered. the defense tore the
particular page out of the deposition
and offered it as an altered document.
McNab testified that SABBATH was not
defense attorney and that if he acted
as an agent for the defense the ar
rangements We're made in the east. He
added that he did not know who sent
him the deposition, stating that it
merely came to him from the east.
Brennan testified that he knew
Sabath. having met him in Chicago last
fall. but that he did not know whether
SABBATH, in taking the deposition, was
acting for the defense or not. Bresnan
said SABBATH gave him the deposition
about six weeks ago in Chicago.
ArbuckIe's Weight
David O'Neill, of the Identification
bureau of the police department, was
called to the stand to tell Arbuckle's
weight, which he gave as 266 pounds.
Some of the medical experts who testi
fled earlier in the trial were asked if
such weight would cause 4 ruptured
bladder, to which they gave various
replies, most of them in the affirmative.
Miss Rappe's death was caused by n
ruptured bladder. according to the
medical commission appointed by the
court
The defense thereupon announced
that it would open its sur r-rebuttal and
called Henry Barker. San Francisco
and formerly of Chicago, as it's first
witness.
The prosecution held. however. that
Barker's testimony should properly have
gone into the defense main case and
the court thereupon asked that the |
main case be reopened and the sur
rebuttal put over
Barker testified that he frequently !!
kept company with Miss Virginia |
Rappe, whose death was made the basis |
Of the charge against Arbuckle, in 1910. !
1911 and 1912. and that the girl was /
taken i'll in his presence on numerous !
occasions. |
This illness. according to the defense,
displayed a chronic ailment which re-
suited in Miss Rappes death rather !
than the attack on the girl which IS at
tributed to Arbuckle by the prosecu-
ton.
Two women witnesses Of the defense |
We're subjoenaed today to appear be-
fore the county grand jury Monday
night in connection with their testi-
mony, which prosecution witnesses de-
MED. /
FRENCH OFF FOR GENOA
Paris, April S.-(By the Associated
Press. )--The French delegation to the
CenO9 economic conference headed by