Roscoe "Fatty" Arbuckle: Tried For Murder 3 Times

Roscoe Conkling Arbuckle was born 24 Mar 1887 in Smith Center, KS, to William Goodrich Arbuckle & Mary E Gordon.


 Inmate: #32052 San Francisco Jail

Arrested: 17 Sep 1921

Crime: Manslaughter

The prosecutor, San Francisco District Attorney Matthew Brady, an intensely ambitious man who planned to run for governor, made public pronouncements of Arbuckle's guilt and pressured witnesses to make false statements. Brady at first used Delmont as his star witness during the indictment hearing. The defense had also obtained a letter from Delmont admitting to a plan to extort payment from Arbuckle. In view of Delmont's constantly changing story, her testimony would have ended any chance of going to trial. Ultimately, the judge found no evidence of rape. After hearing testimony from one of the party guests, Zey Prevon, that Rappe told her "Roscoe hurt me" on her deathbed, the judge decided that Arbuckle could be charged with first-degree murder. Brady had originally planned to seek the death penalty. The charge was later reduced to manslaughter.



St. Francis Hotel Room 1219 in San Francisco, where Virginia Rappe died.


Virginia's body 


Virginia's Funeral

Virginia's Grave





Photos of Virginia in the morgue



Virginia Rappe actress




Roscoe in court


First trial


Arbuckle and his defense lawyers at the first trial, November 1921

On September 17, 1921, Arbuckle was arrested and arraigned on charges of manslaughter. He arranged bail after nearly three weeks in jail. The trial began November 14, 1921, in the city courthouse in San Francisco.  Arbuckle hired as his lead defense counsel Gavin McNab, a competent local attorney. The principal witness was Ms. Zey Prevon, a guest at the party. At the beginning of the trial Arbuckle told his already estranged wife, Minta Durfee, that he did not harm Rappe; she believed him and appeared regularly in the courtroom to support him. Public feeling was so negative that she was later shot at while entering the courthouse.


Brady's first witnesses during the trial included Betty Campbell, a model, who attended the September 5 party and testified that she saw Arbuckle with a smile on his face hours after the alleged rape occurred; Grace Hultson, a local hospital nurse who testified it was very likely that Arbuckle raped Rappe and bruised her body in the process; and Dr. Edward Heinrich, a local criminologist who claimed that the fingerprints on the door to the hallway proved that Rappe had tried to flee, but that Arbuckle had stopped her by putting his hand over hers. Dr. Arthur Beardslee, the hotel doctor who had examined Rappe, testified that an external force seemed to have damaged the bladder. During cross-examination, however, Betty Campbell revealed that Brady had threatened to charge her with perjury if she did not testify against Arbuckle. Dr. Heinrich's claim to have found fingerprints was cast into doubt after McNab produced the St. Francis hotel maid, who testified that she had thoroughly cleaned the room before the investigation took place. Dr. Beardslee admitted that Rappe had never mentioned being assaulted while he was treating her. McNab was furthermore able to get Nurse Hultson to admit that the rupture of Rappe's bladder could very well have been a result of cancer, and that the bruises on her body could also have been a result of the heavy jewelry she was wearing that evening. During the defense stage of the trial, McNab called various pathology experts who testified that although Rappe's bladder had ruptured, there was evidence of chronic inflammation, and no evidence of any pathological changes preceding the rupture; in other words, there was no external cause for the rupture.


On November 28, Arbuckle testified as the defense's final witness. Arbuckle was simple, direct, and unflustered in both direct and cross-examination. In his testimony, Arbuckle claimed that Rappe (whom he testified he had known for five or six years) came into the party room (1220) around noon that day, and that sometime afterward Mae Taub (daughter-in-law of Billy Sunday) asked him for a ride into town, so he went to his room (1219) to change his clothes and discovered Rappe in the bathroom vomiting in the toilet. Arbuckle then claimed Rappe told him she felt ill and asked to lie down, and that he carried her into the bedroom and asked a few of the party guests to help treat her. When Arbuckle and a few of the guests re-entered the room, they found Rappe on the floor near the bed tearing at her clothing and going into violent convulsions. To calm Rappe down, they placed her in a bathtub of cool water. Arbuckle and Fischbach then took her to room 1227 and called the hotel manager and doctor. At this point all those present thought Rappe was just very drunk, including the hotel doctors. Probably assuming Rappe would simply sleep it off, Arbuckle drove Taub into town.


During the whole trial, the prosecution presented medical descriptions of Rappe's bladder as evidence that she had an illness. In his testimony, Arbuckle denied he had any knowledge of Rappe's illness. During cross-examination, Assistant District Attorney Leo Friedman aggressively grilled Arbuckle over the fact that he refused to call a doctor when he found Rappe sick, and argued that he refused to do so because he knew of Rappe's illness and saw a perfect opportunity to rape and kill her. Arbuckle calmly maintained that he never physically hurt or sexually assaulted Rappe in any way during the September 5 party, and he also stated that he never made any inappropriate sexual advances against any woman in his life. After over two weeks of testimony with 60 prosecution and defense witnesses, including 18 doctors who testified about Rappe's illness, the defense rested. On December 4, 1921, the jury returned five days later deadlocked after nearly 44 hours of deliberation with a 10–2 not guilty verdict, and a mistrial was declared.


Arbuckle's attorneys later concentrated their attention on one woman named Helen Hubbard who had told jurors that she would vote guilty "until hell freezes over". She refused to look at the exhibits or read the trial transcripts, having made up her mind in the courtroom. Hubbard's husband was a lawyer who did business with the D.A.'s office, and expressed surprise that she was not challenged when selected for the jury pool. While much attention was paid to Hubbard after the trial, some former jury members told reporters that they believed that Arbuckle was indeed guilty, but not beyond a reasonable doubt. During the deliberations, some jurors joined Hubbard in voting to convict, but they all recanted except for Thomas Kilkenny. Arbuckle researcher Joan Myers describes the political climate and the media attention to the presence of women on juries (which had only been legal for four years at the time) and how Arbuckle's defense immediately singled out Hubbard as a villain; Myers also records Hubbard's account of the jury foreman August Fritze's attempts to bully her into changing her vote to 'not guilty'. While Hubbard offered explanations on her vote whenever challenged, Kilkenny remained silent and quickly faded from the media spotlight after the trial ended.


Second trial

The second trial began January 11, 1922, with a new jury, but with the same legal defense and prosecution as well as the same presiding judge. The same evidence was presented, but this time one of the witnesses, Zey Prevon, testified that Brady had forced her to lie. Another witness who testified during the first trial, a former security guard named Jesse Norgard who worked at Culver Studios where Arbuckle worked, testified that Arbuckle had once shown up at the studio and offered him a cash bribe in exchange for the key to Rappe's dressing room. The comedian supposedly said he wanted it to play a joke on the actress. Norgard said he refused to give him the key. During cross-examination, Norgard's testimony was called into question when he was revealed to be an ex-convict who was currently charged with sexually assaulting an eight-year-old girl, and who was also looking for a sentence reduction from Brady in exchange for his testimony. Further, in contrast to the first trial, Rappe's history of promiscuity and heavy drinking was detailed. The second trial also discredited some major evidence such as the identification of Arbuckle's fingerprints on the hotel bedroom door: Heinrich took back his earlier testimony from the first trial and testified that the fingerprint evidence was likely faked. The defense was so convinced of an acquittal that Arbuckle was not called to testify. Arbuckle's lawyer, McNab, made no closing argument to the jury. However, some jurors interpreted the refusal to let Arbuckle testify as a sign of guilt. After five days and over 40 hours of deliberation, the jury returned on February 3, deadlocked with a 9–3 guilty verdict, resulting in another mistrial.


Third trial

By the time of the third trial, Arbuckle's films had been banned, and newspapers had been filled for the past seven months with stories of Hollywood orgies, murder, and sexual perversion. Delmont was touring the country giving one-woman shows as "The woman who signed the murder charge against Arbuckle", and lecturing on the evils of Hollywood.



News story of the not-guilty verdict, 1922

The third trial began March 13, 1922, and this time the defense took no chances. McNab took an aggressive defense, completely tearing apart the prosecution's case with long and aggressive examination and cross-examination of each witness. McNab also managed to get in still more evidence about Virginia Rappe's lurid past and medical history. Another hole in the prosecution's case was opened because Zey Prevon, a key witness, was out of the country after fleeing police custody and unable to testify.  As in the first trial, Arbuckle testified as the final witness and again maintained his denials in his heartfelt testimony about his version of the events at the hotel party. Buster Keaton is said to have been in the courtroom and provided important evidence to prove Arbuckle's innocence; Delmont was involved in prostitution, extortion, and blackmail. During closing statements, McNab reviewed how flawed the case was against Arbuckle from the very start and how District Attorney Brady fell for the outlandish charges of Maude Delmont, whom McNab described as "the complaining witness who never witnessed". The jury began deliberations April 12 and took only six minutes to return with a unanimous not-guilty verdict; five of those minutes were spent writing a formal statement of apology to Arbuckle for putting him through the ordeal, a dramatic move in American justice. The jury statement as read by the jury foreman stated:


Acquittal is not enough for Roscoe Arbuckle. We feel that a great injustice has been done him. We feel also that it was only our plain duty to give him this exoneration, under the evidence, for there was not the slightest proof adduced to connect him in any way with the commission of a crime. He was manly throughout the case and told a straightforward story on the witness stand, which we all believed. The happening at the hotel was an unfortunate affair for which Arbuckle, so the evidence shows, was in no way responsible. We wish him success and hope that the American people will take the judgment of fourteen men and woman who have sat listening for thirty-one days to evidence, that Roscoe Arbuckle is entirely innocent and free from all blame.


After the reading of the apology statement, the jury foreman personally handed the statement to Arbuckle, who kept it as a treasured memento for the rest of his life. Then, one by one, the 12-person jury plus the two jury alternates walked up to Arbuckle's defense table, where they shook his hand and/or embraced and personally apologized to him. The entire jury proudly posed with Arbuckle for photographers after the verdict and apology.


Some experts later concluded that Rappe's bladder might also have ruptured as a result of an abortion she might have had a short time before the September 5 party. Rappe's organs had been destroyed and it was now impossible to test for pregnancy. Because alcohol was consumed at the party, Arbuckle was forced to plead guilty to one count of violating the Volstead Act and had to pay a $500 fine. At the time of his acquittal, Arbuckle owed over $700,000 (equivalent to approximately $10,700,000 in 2019 dollars) in legal fees to his attorneys for the three criminal trials, and he was forced to sell his house and all of his cars to pay some of the debt.


The scandal and trials had greatly damaged his popularity among the general public. In spite of the acquittal and the apology, his reputation was not restored, and the effects of the scandal continued. Will H. Hays, who served as the head of the newly formed Motion Pictures Producers and Distributors of America (MPPDA) Hollywood censor board, cited Arbuckle as an example of the poor morals in Hollywood. On April 18, 1922, six days after Arbuckle's acquittal, Hays banned Roscoe Arbuckle from ever working in U.S. movies again. He had also requested that all showings and bookings of Arbuckle films be canceled, and exhibitors complied.


In December of the same year, under public pressure, Hays elected to lift the ban. However, Arbuckle was still unable to secure work as an actor. Most exhibitors still declined to show Arbuckle's films, several of which now have no copies known to have survived intact. One of Arbuckle's feature-length films known to survive is Leap Year, which Paramount declined to release in the United States owing to the scandal. It was eventually released in Europe. With Arbuckle's films now banned, in March 1922 Buster Keaton signed an agreement to give Arbuckle 35 percent of all future profits from his company, Buster Keaton Comedies, in hopes of easing his financial situation.


After the trials, Hollywood shunned Arbuckle, and he could no longer find work.


Eventually, Arbuckle worked as a director under the alias William Goodrich. According to author David Yallop in The Day the Laughter Stopped (a biography of Arbuckle with special attention to the scandal and its aftermath), Arbuckle's father's full name was William Goodrich Arbuckle. Another tale credited Keaton, an inveterate punster, with suggesting that Arbuckle become a director under the alias "Will B. Good". The pun being too obvious, Arbuckle adopted the more formal pseudonym "William Goodrich". Keaton himself told this story during a recorded interview with Kevin Brownlow in the 1960s.


Between 1924 and 1932, Arbuckle directed a number of comedy shorts under the pseudonym for Educational Pictures, which featured lesser-known comics of the day. Louise Brooks, who played the ingenue in Windy Riley Goes Hollywood (1931), told Kevin Brownlow of her experiences in working with Arbuckle:


He made no attempt to direct this picture. He just sat in his director's chair like a dead man. He had been very nice and sweetly dead ever since the scandal that ruined his career. But it was such an amazing thing for me to come in to make this broken-down picture, and to find my director was the great Roscoe Arbuckle. Oh, I thought he was magnificent in films. He was a wonderful dancer—a wonderful ballroom dancer, in his heyday. It was like floating in the arms of a huge doughnut—really delightful.


Among the more visible directorial projects under the Goodrich pseudonym was the Eddie Cantor feature Special Delivery (1927), which was released by Paramount and co-starred William Powell and Jobyna Ralston. His highest-profile project was arguably The Red Mill, also released in 1927, a Marion Davies vehicle.


Roscoe was first married to Arminta Estelle "Minta" Durfee in 1908 and divorced (1889-1975) Actress



He married 2nd Doris Deane (Real name Doris Dibble) in 1925 they divorced 1929 (1900-1974) Actress



3rd wife was Addie Oakley Dukes they married after 1932 (1905-2003) Actress


Here's some newspaper articles I found:

https://www.newspapers.com/clip/57541773/roscoe-arbuckle/

https://www.newspapers.com/clip/57541632/roscoe-arbuckle/


https://www.newspapers.com/clip/57541929/roscoe-arbuckle/

https://www.newspapers.com/clip/57542073/roscoe-arbuckle/

https://www.newspapers.com/clip/57542204/roscoe-arbuckle/


Trouble with his brother in 1925

https://www.newspapers.com/clip/57542364/roscoe-arbuckle/





Many of Arbuckle's films, including the feature Life of the Party (1920), survive only as worn prints with foreign-language inter-titles. Little or no effort was made to preserve original negatives and prints during Hollywood's first two decades. By the early 21st century, some of Arbuckle's short subjects (particularly those co-starring Chaplin or Keaton) had been restored, released on DVD, and even screened theatrically. Arbuckle's early influence on American slapstick comedy is widely recognised.


Roscoe died 29 Jun 1933 in Manhattan, NY, here's his obituary.


https://www.newspapers.com/clip/57529149/obituary-for-roscoe-arbuckle-aged-45/?xid=637&_ga=2.141519090.1908648258.1597254201-1337949228.1570736414


Very sad story, Innocent and career destroyed, Hollywood has too much power, then and now.



Comments

  1. Breaks my heart each time I think of him. If not for this tragedy, I believe we would talk of the Big Four in silent comedy, not the Big Three. RIP Roscoe.

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    Replies
    1. I agree, he had so much more to give and they ruined him, his career and his love for what he did.

      Delete
  2. That is not a picture of room 1219, it's a picture of a destroyed movie set. Kenneth Anger used it in "Hollywood Babylon" chapter about Roscoe's trials, probably because this shot was more scandalous looking than the real room.

    ReplyDelete

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