Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-01-20
LAW ASSIGNED
ARBUCKLESTAR
A LIE SHE SAYS
Zey Provost Startles
and Halts Trial With
Denial of Old Story.
Cold Compels Jury to
Don Overcoats in Box,
Numbs Reporters.

SdU Francisco, r 1dn. tS-WISS
Zey Provost, show girl and lead
ing witness for the prosecution,
''does not remember" whether she
told the truth in the first trial OF
Roscoe C.. l"Fatty') Arbuckle,
she testified Thursday, in the Sec
ond trial of the film comedian on
denies main testimony she then
gave on a manslaughter charge.
At the conclusion of her testi-
mony she was ordered to reutrn
to court Friday. Mo reason for
the order was assigned.
An hours interruption of the
trial because of the cold weather
sweeping the state and which
reached into the court room, and
the sudden withdrawal of Miss
Provost from the stand when her
alleged inability to remember GER
tain evidence was characterized as
''hostIe" by the prosecution, were
outstanding features Thursday.
OvercOats were brought to the iur
ors. but half hour later a recess
was taken. when the alleged "hos-
tile" attitude of Miss Provost was
developed further and when the
court reporters complained that
their fingers were so stiff with
cold that they could not take their
notes with the necessary speed.
Didn't Say "He Hurt Me"
Miss Provost returned to the stant
later She was asked if Miss Vir.
ginia Rappe, whose death was made
the basis Of the charge against Ar.
buckle, said "He hurt me- after hs
was alleged to have fatally injured hel
at party in the Hotel st. Francis
The witness said she did not hear Miss
Rappe make such statement.
She was shown her testimony in the
the prosecution. she said that Miss
Rappe exclaimed, "He hurt me- Upor
the matter being developed further, the
did not remember if she told the truth
in the first trial.
Says She Was Threatened
Miss Provost, who was one of the
guests at the party, was or
the stand most of the day She charged
that the district attorney took her into
and threatened to send her to
Jail if she did not make a statement tc
the effect that Miss Rappe exclaimed
HE killed me-
Later, she testified, she made &
against her will, which en-
bodied the exclamation, "He hurt met
She was not taken into custody. she
said until after Charles II. Brennan. a
defense attorney met her on the street
and recommended himself for her coun-
sci, "if you need me-
A motion by the prosecution that ii
be allowed to impeach the testimony
Of Miss Provost on the ground that II
was surprising and showed her 4
hostile Witness was denied by the
court. The ruling prevented the pros
ecution from presenting to the jury
certain positive evidence offered by
Miss Provost at the last trial which
she did not remember" in her testi-
mony today.
Miss Provost vas the first witness
of the day
The prosecutions efforts to
elicit testimony from Miss Provost
was characterized as dentistry by
Gavin McNab, chief defense counsel.
Second Poor Memory
The interruption came before the
examination of Miss Provost. Like
Miss Alice Blake. another leading
witness who testified
Miss Provost "did not re-
member certain occurrences during
the party in which ArbuckIe is al
legged to have fatally injured Miss
Rappe. The reading of portions of her
testimony at the previous trial failed
to refresh her memory, the witness
said.
An argument over a defense con-
Lention that the prosecution was TRYING
TO impeach its own witness led to Il
declaration by the prosecution that it
was Surprised at the witness testi-
The witness was recalled from
he stand at this point while the legal
aspects of her alleged failure to re
member could be gone into.
"If the court determines that she
las surprised the prosecution she
nay be examined by the prose
.ution, court officers say.
Cold May Move Trial
Previous to being recalled. Miss
Provost said while the party in Ar
,uckcls suite in the hotel Saint
Francis was progressing, she made an
effort to force her way with other
guests into room in which Arbuckle
vas alone with Miss Rappe Arbuckle,
lad only in bath robe and pajamas,
opened the door, She said Miss
Rappe was tossing on bed and moan
ng. II am dying"
''The defendant jokingly tried to pre-
7ent Miss Rappe from tearing her
clothing off" the witness said.