Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-04-06
FATTY ARBUCKLE
TELLS JURY HIS
STORY At TRIAL
Act of Mercy, Not Of Evil
Intent, Got Him Into His
Present Difficulty, Movie
Clown Says.

4 Wy iuf thHutihitu 4 itNnsi
San Francisco, April 5.--An ac
of mercy and not of evil intent to-
ward Miss Virginia Rape, was the
thing which precipitated Roscoe c
(Fatty) ArbuCkle into the maze OF
| difficulties leading to a manslaugh
| ter charge against him as a result
of Miss Rappes death, he testified
today in his third trial on the
charge.
II found Miss Rape i'll on the
floor of my bath" he said, in de-
scribing incidents of the Hotel st.
Francis party in which. according
to prosecution allegations, he fatal
ly attacked her. Il asked her If
could help her and carried her to
a bed. Later | told the other guests
of the party that she was i'll. Still
later l called a physician to attend
her"
On Stand Three Hours.
Arbuckle's testimony occupied
three hours, the cross examination
consuming two-thirds of that time.
He smiled as he took the stand, but
appeared bored at some points in
the cross examination.
The court room was crowded but
the throngs were thinner and less
enthusiastic to hear than those
which greeted his appearance as a
witness on the occasion of the first
hearing of the case.
He explained that he came to
San Francisco two days before the
fatal party purely for pleasure"
Il had a new car to try" he said.
Later | was going to the golf tour
nament at Delmonte."
lie denied acquaintance witr
several guests at the party but Miss
Rape, he said, he had known for
five years. He also denied ac-
with Jesse Norgaard,
who testified that while he was a
Waterman at a Culver City, Calf,
motion picture studio, Arbuckle at
tempted to bride him with fist
full of greenbacks" for the key to
Miss Rappe's room at the studio.
Incidents of Party.
At the behest of his counsel, Ar
buckle detailed the incidents Of the
party. saying he had no knowledge
that Miss Rape was in his room
when he entered to dress for an
other engagement. He acknow-
lodged the presence of liquor in
generous quantities and his appear
lnce in pajamas and lounging robe.
The only threat, vocal or other
wise, at the party was uttered by
himself when he told Mrs. Bam-
Dina Maude belmont to shut up or
will throw you out of the win
low" he said, adding that 1t was
made because she opposed his eff
'orts to aid the suffering Miss
Rape. He told of assisting a hote.
Ittache to carry Miss Rape into
mother room where she could re-
GIVE better attention.
Arbuckle said that although he
NEW Miss Rape to be unconscious
lie went to the hotel ballroom after
he party and danced until after
Midnight.
Argument Over Evidence.
Arbuckle's appearance on the
witness stand was followed by an
irgument over the admissibiliay of
he evidence of Mrs. Virginia
3reig, secretary TO DR.. Francis |
at whose sanitarium /
Mss Rappe died September 8.
Mrs. Breig testified that she
vent to Miss Rappe's room at the |
the morning of the day |
he died to present the patient with !
/ bill. She said that Miss Rape
ooked at the bill and said that she
'eally should not pay it. as ''he was
for my being here"
you can pay the bill after you
cave the hospital. You won't |
cave for a week or So" the secre-
airy said she told Miss Rape.
Il wish I knew / was going to
i've that long" was Miss Rappe's
eply, according to Mrs. Breig, "but
IN going to die" Then Mrs. Breig
estified Miss Rape accused Ar
,uckle of attacking her. She said |
hat the girl told her: "He grasped |
ne by the arms and threw me on
he bed and threw his weight on
ne. After that / knew nothing"
Her testimony was the first
which told of a direct attack on
Hiss Rape.
Defense counsel. following Mrs.
3reig's appearance on the stand.
moved that her evidence be strick-
n from the record on the ground
hat no proper foundation had been
aid for its introduction.
MINER FATALLY STABBED.