The following is an interpolation from our work-in-progress that allows for a segue between the second and first Arbuckle trials.
The day after second Arbuckle trial ended in a hung jury, the San Francisco’s newspaper announced the possible engagements of the two women who were present when Virginia Rappe passed away in September.[*]
Sidi Spreckels, the widow of the late John Spreckels Jr., had been linked to Art Hickman, the musician, composer, and leader of what is now considered the first real big band: the orchestra at the Ambassador Hotel in Los Angeles. But until recently, he had been the house bandleader at the St. Francis.
“Well,” said Hickman when approached by reporters, “we are great friends and have been for a long time. Many people have asked me about this rumored engagement. I cannot say a thing.”
Three days later, her attorney, Gavin McNab’s brother John, issued a terse denial that read in part that Mrs. Spreckels “isn’t contemplating matrimony at this time” and that “her rumored engagement is only gossip.” Maude Delmont’s rumored engagement was of a longer duration and contingent on her willingness to walk on stage.
On February 1, Bambina Maude Delmont became front-page news in Omaha and Lincoln, Nebraska. Newspapers in those cities profiled her and with whatever scant information she gave them, tried to make up for what little was known of her—that she grew up in Lincoln and spent two years running a beauty shop in Omaha. But when the local reporters and editors tried to search their files for anything about her, they came up empty handed. This allowed Delmont to fill a void of two decades after she arrived in Lincoln on January 31 and registered at a downtown hotel under the name “Mrs. J. C. Hopper.”
But the presence of the “Avenger” was no secret. Reporters were waiting for her when she got off her train as it arrived from Los Angeles at 1:20 on Tuesday afternoon. The young woman who had left twenty years ago on a career that was no less an adventure in fiction—the kind Willa Cather could not have experienced or written—had come home a celebrity. But just what kind eluded the press. They called her an actress, but she had only performed at Keystone Studio but had nothing to share about working with “Fatty” or the “Little Tramp.” She only mentioned that she had appeared with Minta Durfee, whom, despite everything, was “right charming” years ago—and she wasn’t “permanently reconciled” with her husband. But Delmont did want to talk about him and the role “money and influence” had played in his troubles.
“I’d might glad if Fatty could convince me personally that he is innocent,” she said. “But I was the first one to enter the room where Miss Rappe lay ill, and Fatty, I’m afraid, never could clear himself in my eyes.” As to what happened on Labor Day 1921, Arbuckle’s predicament had temporarily drawn her to his side.
When the asked if she believed Arbuckle would be acquitted, Delmont said she was certain that he would. What made her so certain? With an ironic smile, Delmont shrugged her shoulders and simply answered, “Money.”
Her impromptu press conference continued. Delmont described meeting met Rappe (“I fell in love with the girl at first sight.”) just two days before the party in Arbuckle’s suite at the St. Francis Hotel. She mentioned the 500-mile drive from Los Angeles with Semnacher and other incidents at the party.
Delmont enjoyed the attention she got—of being the person her high school teachers called “Maudie”—just as Rappe had been allowed to call her. On her first day in Lincoln, she was recognized by one admirer after another, including Robert Druesedow, a state representative, who saw her in the hotel dining room.
“I knew her when she was a girl,” he said of Delmont, whose hair was now described as totally gray. Other diners also recognized her as well as she spoke to a reporter from the Omaha Daily Bee. “Arbuckle could never convince me of his innocence,” she said. “I was the one who told the truth at the trial. Highly paid lawyers tried to sacrifice my reputation in an effort to protect their client, Arbuckle. I am trying to forget the tragic death of my friend, Virginia.”
Delmont also intimated that she would soon stop in Omaha and continue on to New York City. She also openly discussed being a convicted “bigamist.”
That, she said, was a technical charge that cost her a total of two weeks in jail. But how she left California without violating her probation was something that she didn’t have to explain. She was in Lincoln on legal business. She had come as a representative of her mother, sister, and herself “to dispose of some modest real estate holdings” that belonged to her grandmother, a Mrs. Catherine Stone. That Delmont had no such blood relative wasn’t explained either—but there was a deceased person with that name, the widow of a small-town clothier, who had passed away on January 28 in nearby Central City, Nebraska. Her obituary had appeared in the newspapers of that city, Grand Island, and elsewhere—making it easy to borrow the late Mrs. Stone to make a better story for Delmont’s real purpose in Lincoln: her deliberate rendezvous with an old boyfriend, Lawrence T. Johnston.
Lawrence T. Johnston, late 1910s (Ancestry.com)
The son of a prominent Nebraska lawyer, Johnston had served as a bailiff in Lincoln n the 1890s and early 1900s and later as a judge in Idaho. His real ambition, however, was in vaudeville. He studied ventriloquism and by 1920 had performed all over the United States and as far away as Australia. When he and Delmont were reunited, he was still an itinerant judge in Idaho as well as the “King of Ventriloquists,” who boasted a dummy that cried “real” tears.
Delmont and Johnston had been engaged several times before in their youth. “The last time,” however, he said, “she married a Cincinnati millionaire.” But after hearing about the death of Delmont’s grandmother and her coming to Lincoln, Johnston claimed that he left an engagement in Sioux City, Iowa to be reunited with his old flame—and to make her a star. He told the press that he was now vice president of a motion picture corporation and that his company intended soon to star Delmont. “We feel that she will be a great asset to us,” Johnston said. In the interim, however, he convinced Delmont to cash in on her notoriety.
The couple left Lincoln on Friday, February 3—the day the second Arbuckle trial ended in a hung jury—for Kansas City, Missouri. There Johnston was to appear at the Globe Theater and Delmont intended to rest due to ill health.
Once more she was met by newspapermen—but this time they wanted her reaction to the majority vote for conviction. “Politics,” Delmont said, “is playing a part in the handling of the case. I am very much surprised that the second jury stood ten for conviction and two for acquittal—surprised that the prosecution did that well.”
“Why, nobody ever thought it would be that strong,” she continued. “Everyone on the coast expected an acquittal when I left there. Arbuckle is being tried on the murder complaint to which I swore—and yet my testimony is not good enough to be introduced into the trial. They wanted to get me out of the way and they succeeded.”
Delmont also spoke of the “intrigue” that was woven throughout the affair, apparently in reference to Zey Prevost and Alice Blake, who had eclipsed her as a witness.
“Yes,” she said, “I received an offer or was ‘approached’ in connection with my testimony of the death of Miss Rappe.”
Delmont refused to answer any more questions about who had tried to get her to change or withhold her statement to San Francisco’s district attorney. But she had a reason to withhold such details, for she had been approached in another way, perhaps en route by a theater promoter, to give a lecture during the couple’s layover in Kansas City. Regarding this new opportunity, Delmont could only say that she wanted to discuss “the woman’s side of the affair”—and that many young girls who went to Hollywood so as to “get into the movies” were exploited.
Delmont’s lecture was announced in the Saturday morning Kansas City Times of February 4. The venue was Kansas City’s Empress Theater on McGee Street. Although no times were given, the tickets for her “$5,000 act” would be “at pre-war prices,” that is, ten, twenty—and thirty cents for balcony and front-row seats. The advertisement promised that Maud “Bambina” Delmont would appear as “Herself / The Woman Who Signed the Murder Charge Against Arbuckle / The Most Sensational Act on the American Stage.”
Presumably in character as the “Complaining Witness in the Arbuckle Trial,” Delmont was to “tell of the famous Arbuckle-Rappe murder case” and “rip wide the screen which hides Hollywood and the movie colony. Hers is a story for Every Father and Mother, every Young Man and Young Woman in Kansas City.”
But if she ever took the stage was left in doubt. The San Francisco Call reprinted the lone Kansas City advertisement ten days later and could only speculate that Delmont’s run at the Empress had been abortive, based on a letter that she had written to a friend in San Francisco.
Mrs. Delmont’s gray negligee with henna trimming and black hair streaked with gray, minus the usual henna trimming, is making the same hit in Kansas City that it did here when first she received representatives of the press and gave her version of the fatal party. But evidently the stage is not making much of a hit with her—or else she is not making much of a hit on the stage—for she expects to sign a contract in Chicago to appear before the women’s clubs of that country.
What is known is that Delmont had a falling out with Lawrence Johnston and the couple parted ways. Delmont traveled on to Chicago and Johnston returned to the vaudeville circuit, realizing, perhaps, that it was easier to make money with his dummy doing the talking than Maude Delmont, who turned out to be a source of disappointment for him once more. Months later, Johnston emphatically told a stage gossip columnist in Portland, Oregon, that when he reached Lincoln, he had “something to say in the matter” and that he and Maude “never were, are not and never will be married.”
[*] pp. 000–000: “Mrs. Spreckels to Wed Again?” San Francisco Examiner, 4 February 1922, 5; “Engagement Denied by Mrs. Spreckels,” San Francisco Examiner, 7 February 1922, 11; “Bambina Delmont Returns to Lincoln in Estate Case,” Morning World-Herald, 1 February 1922, 1; “Mrs. Maude Delmont Arrives in Lincoln,” Lincoln Journal Star, 1 February 1922, 4; “Longtime Romance Buds: Mrs. Delmont and Lawrence Johnston Engaged,” Nebraska State Journal, 3 February 1922, 1; “Arbuckle Witness Coming to Omaha,” Omaha Daily Bee, 2 February 1922, 2; United Press, “10 to 2 Jury Surpise to Maude Delmont,” San Francisco Chronicle, February 5, 1922, 8; “Politics Playing Part in Arbuckle Case, Woman Says: Bambina Delmont Hints at Deep-laid Intrigue,” Springfield Leader and Press, 5 February 1922, 1; “Arbuckle’s Accuser is Here Mrs. Delmont,” Kansas City Star, 5 February 1922, 10; E.C.B., “Stage Gossip and Film News,” Oregon Daily Journal, 18 September 1922, 8; “Mrs. Delmont Plays in 10-20-30s; Also in Return Engagement with Ex-Fiancé,” San Francisco Call, 13 February 1922, 3.
The day before the second Arbuckle trial began with jury selection, two young women waited outside the offices of San Francisco District Attorney Matthew Brady. Alice Blake and Zey Prevost, two unemployed “showgirls”—a term that doesn’t do them justice—wanted to be paid “witness fees” for their testimony at the first Arbuckle trial. A trial that ended in a hung jury in early December 1921. Rather than meet with these women, who were expected to testify again at the second trial, Brady and his chief assistant on the Arbuckle case, Milton U’Ren, avoided them. The matter went unresolved.[1]
A week later, Blake and Prevost took the stand and both seemed to have forgotten much of their previous testimony, forcing Assistant District Attorney Leo Friedman to read portions. In their cross-examinations, Arbuckle’s lead counsel Gavin McNab questioned them in such a way that ensured the jury understood that their initial statements and testimony, following Virginia Rappe’s death on September 9, 1921, had been coerced by overzealous prosecutors and that both women had been sequestered by the District Attorney against their will.
In an editorial that followed the testimony of Blake and Prevost at the second trial, written by Edgar T. Gleeson, who covered the Arbuckle trials for the San Francisco Call, the reporter took the side of the defense and condemned Matthew Brady. Our commentary appears at the end. Brady’s response will appear in our next posting.
SHOW GIRLS EXPOSE ARBUCKLE EVIDENCE AS A FABRICATION[2]
The sensational developments in the Arbuckle case—the changed testimony of Zey Prevost—the girl’s insinuations that the district attorney’s office had dictated her testimony in the first trial of the film comedian, and District Attorney Brady’s last vainly despairing attempt to have her, one of his two principal witnesses, declared a hostile witness and subjected to cross examination—all these developments have thrown a new and astounding light on a trial that has held the public attention for more than three months. They indicated to The Call yesterday that the trial of Roscoe Arbuckle was merely another miscarriage of justice.
Today The Call is able to give to its readers detailed and convincing testimony on how the district attorney of San Francisco worked up his case against Roscoe Arbuckle. Edgar T. Gleeson has secured the facts from Miss Zey Prevost of how she and Miss Alice Blake were persuaded, threatened and almost compelled to take the stand and give perjured testimony against Roscoe Arbuckle.
FACTS ARE BARED
Here are the facts: It is in some respects another Mooney case—and the only reason Roscoe Arbuckle is not over in San Quentin at this moment, convicted of the death of Miss Rappe. is that another Oxman[3] did not happen to stroll on the scene at the proper moment. That, and that alone, saved Arbuckle.
The Call has no purpose in this exposure than to show how easy it is for men to make grave mistakes in the judgment of other men and how difficult it is for them to stand firm in the face of an inflamed and belligerent public opinion. It is not The Call’s intention to convince its readers that District Attorney Brady and his associates were prejudiced beforehand against Roscoe Arbuckle or that they are exceptionally weak or ruthless. It is the intention, however, to show that men who are very kindly and tolerant in their private lives can and do become both brutal and merciless under the pressure of public office.
BRADY SINCERE
Remember that Matthew Brady opened the case of Roscoe Arbuckle with a firmly sincere declaration that he would do his duty. The Howard street gangster cases were still in the public mind, and men remembered how punctual the district attorney had been in the prosecution of those men of little wealth and little influence.[4]
Matthew Brady announced that the power, the wealth and the popularity of Roscoe Arbuckle would not keep him from receiving as stern a trial as a “Spud” Murphy had received.[5]
So far, so good. But the district attorney did not stop there. Having pledged himself to try Arbuckle he came to believe that he had pledged himself to secure a conviction. Hence the invention of false testimony, the seclusion of witnesses and the stimulation of perjury on the part of a public official who is sworn to enforce and to protect the dignity of the law.
It is an astounding story and at the same time a very natural story—the story of how sincere and kindly men, living under pressure, can become involved in a situation that forces them to accomplish great injustices.
By EDGAR T. GLEESON
The story of how the prosecution in the Arbuckle case, driven to desperate lengths by the threatened collapse of Mrs. Bambina Maude Delmont, its capital witness, deliberately set about the business of manufacturing evidence to the end that the moving picture actor might be convicted on a charge of murder, has now been bared for the first time. Miss Zey Prevost. former moving picture girl and a guest at the Arbuckle party, finally admitted, although reluctantly, that the part of her testimony in which Miss Virginia Rappe was represented as having accused Arbuckle of hurting her, was fabricated.
Miss Prevost is one of the two witnesses whom the district attorney seized upon when his case began to teeter and after investigation had failed to yield any corroboration of Mrs. Delmont’s story.
CREATES SENSATION
The facts as revealed on the stand yesterday (January 19, 1922), and as hinted at on the preceding day by Miss Alice Blake, show that the two girls consented to testify that Miss Rappe had said “I’m dying. I’m dying; he hurt me,” only after efforts had been made by the district attorney to force them into testifying that the girl had accused Arbuckle in the stronger words, “I’m dying, I’m dying; he KILLED me.”
The extraordinary declaration of Zey Prevost that she had testified falsely in the first Arbuckle trial under fear of the district attorney’s office has, of course, created a sensation. Everywhere men ask, how can such things be? Surely a district attorney does not deliberately set out to violate justice!
A review of the immediate events following the death of Miss Rappe will help one to understand something of how such an amazing situation can come about. And this review will show the district attorney’s office, first misled by the now thoroughly discredited story of Mrs. Delmont, and then persisting in a theory of the case built up on the exploded story of Mrs. Delmont who, herself, was so impossible that she was never called as a witness in the case.[6]
When the authorities first learned of the circumstances surrounding the death of Miss Rappe on September 9, of last year, four days after the party in Arbuckle’s rooms at the Hotel St. Francis, an effort was made to secure statements from all of the participants.
One of the first persons visited was Mrs. Delmont, who was then in a state bordering on collapse at the Hotel St. Francis. The Rappe girl, her friend of a week, and companion on the trip from Los Angeles, had died suddenly and under conditions that were as terrifying as they were mysterious. Mrs. Delmont had come to one conclusion about the whole affair. She was not in Miss Rappe’s company when the girl left room 1219, nor did she see Arbuckle accompany her into that ill-fated chamber.
IN OTHER ROOM
The facts are that Mrs. Delmont had partaken of some of the liquor and was in room 1221 with another member of the party.[7] The door was locked between 1221 and 1220. Mrs. Delmont couldn’t possibly nave seen what transpired in or near the door of 1219.
Yet, in her grief and hysteria, following the tragedy she insisted on describing a struggle at the entrance to room 1219. She told of Arbuckle clutching Virginia Rappe by the arm and saying “I’ve waited five years to get you.”
Thereupon, she said, Arbuckle pulled the girl back into 1219 and locked the door behind them. Mrs. Delmont depicted a struggle between the girl and the actor. She said that in this struggle Miss Rappe cried out, again and again for help, and that she, Mrs. Delmont, rushed to the locked door, to beat upon it and cry out that Arbuckle open the door and release Virginia.
When the door, after remaining locked an hour, was finally opened, Arbuckle was alleged to have rushed out, a terrified object. He was said to be perspiring as though from a long struggle while Miss Rappe lay dying upon the bed, naked and in a state of unconsciousness. Mrs. Delmont said that Miss Rappe had fought off Arbuckle’s advances as long as her strength and senses remained and that then she was criminally assaulted.
TOLD OF SCREAMS
She said further that Arbuckle had stripped the clothes from Miss Rappe during the fight and that they were scattered about the floor in ribbons; that when she and other members of the party came upon the girl, Miss Rappe was crying out. “I’m dying, I’m dying, Roscoe killed me.”
Mrs. Delmont took charge of Miss Rappe when the girl was removed to another room that afternoon. She was lying alongside the bed, intoxicated, when Dr. Olaf Kaarboe called to attend Miss Rappe.[8] The doctor detected the odor of liquor upon Miss Rappe’s breath and concluded that there was nothing serious the matter with her.[9]
When Dr. Arthur Beardslee, house physician of the St. Francis, visited Miss Rappe later in the evening, he found her conscious and complaining of a pain in her abdomen. He made an examination and endeavored to get at a history of the case.
DENIED STATEMENT
Mrs. Delmont started to tell the doctor of the Arbuckle party and mentioned that Arbuckle hurt her. Miss Rappe, who overheard the statement, denied this to Dr. Beardslee. This evidence is known to the prosecution, but it will not be admitted as part of the present case because it comes under the heading of hearsay.[10]
To Detective George Glennon, the St. Francis Hotel detective, Miss Rappe likewise denied the accusation against Arbuckle. She said she did not know what happened to her.[11]
Both District Attorney Matthew Brady and his assistant, I. M. Golden, were in Mendocino County investigating some features of the Woodcock case when Arbuckle drove up from Los Angeles to give his story of what happened at the party.[12] Arbuckle was accompanied by his attorney, Frank Dominguez, and some of the other men who were present in his rooms on Labor Day. He went to the office of Captain of Detectives Duncan Matheson, where Milton U’Ren, representing the district attorney, joined the actor and the detective chief.
QUIZZED BY MATHESON
After some brief discussion Captain Matheson began to interrogate Arbuckle along the lines of Mrs. Delmont’s statement. Arbuckle denied some of the accusations. Third degree methods were then attempted, according to Dominguez, and he gave Arbuckle instructions not to answer some of the interrogations unless by the consent of his counsel.
This, according to both Dominguez and Arbuckle, angered the captain of detectives and Milton U’Ren. The attorney said afterward that the threat was then made to lock Arbuckle up on a charge of murder unless he gave kind of a statement the officials wanted. Dominguez told Arbuckle not to answer, and that Matheson and U’Ren carried out the threat.
CHARGED WITH MURDER
The charge on which Arbuckle was booked was murder, sworn to by the police. Later a formal charge was placed against him in Police Judge Daniel O’Brien’s court, when Mrs. Delmont appeared as the complaining witness.
Although discrepancies were found in Mrs. Delmont’s story, the district attorney’s office set about trying to verify her statements through others who were present at the party.
Brady and Golden returned to San Francisco to find the prosecution of Arbuckle for murder well under way. When Golden saw and talked with Mrs. Delmont and had a chance to study her testimony, he began to have misgivings. The same with Al Semnacher’s testimony.
PRESSURE USED
The feeling began to grow that if the prosecution was to uphold its charge it had better go about getting other props for the structure. That is when the pressure began to be exerted upon Miss Alice Blake, former entertainer at Tait’s, and Miss Prevost.
At the time the coroner’s inquest was held, an effort was made to subpoena Miss Blake and Miss Prevost, but the district attorney’s office refused to surrender the witnesses. It didn’t know at that time just how it was going to have them testify, and for that reason wasn’t prepared to have them give contradictory testimony.
Alice Blake was seen at Tait’s immediately after the death of Miss Rappe. She told what she knew of the facts to Detective Griffith Kennedy and in the presence of George Hyde and Les Gillen, two reporters on a morning newspaper.[13] Miss Blake knew nothing of a struggle or criminal assault in Arbuckle’s room. She said she thought Miss Rappe was intoxicated at the time and that there was nothing of a fatal nature in her illness. She said she didn’t hear Miss Rappe say Arbuckle killed or hurt her. She said all the girl cried was, “I’m dying. I’m dying; I know I’m going to die.”
Mrs. Delmont said Arbuckle and Miss Rappe were in room 1219 an hour. Alice Blake said, and has since been supported by other testimony, that she went from the Arbuckle rooms to Tait’s for a rehearsal at 2 o’clock on the day of the party; that she returned at 2:30 or 2:45, and that the party was still in progress, with all persons present.
IN ROOM TEN MINUTES
It was about 3 o’clock, ten or fifteen minutes later, that the Rappe girl was stricken. She did not leave room 1220 until after Miss Blake’s return. The best recollection of Fred Fishback who helped Miss Blake carry Miss Rappe to the cold bath, is that he returned to the hotel at 3 o’clock. The testimony of the prosecution’s witnesses allows Arbuckle only ten minutes alone in the room with the girl.
When the grand jury investigation was launched the district attorney sought to get new statements from Miss Blake and Miss Prevost. The latter had been dragged down to police headquarters by George Duffy of the district attorney’s office and an attempt was made to get a statement supporting Mrs. Delmont from her. It failed and the next day Miss Prevost was asked by Milton U’Ren to sign a new statement, prepared by U’Ren, in which Miss Rappe was alleged to have cried out In Miss Prevost’s hearing, “I’m dying; I’m dying; he killed me.”
Although Miss Rappe was conscious for three days of her illness she made no accusation, no dying statement against Arbuckle.
Having first charged Arbuckle with murder, without determining whether it had a case, the district attorney’s office now sought to make a dying statement out of what Mrs. Delmont reported, namely that Miss Rappe had charged Arbuckle with killing her. The rules of evidence demand that this statement must be made in the hearing of the defendant; so Mrs. Delmont conveniently placed Arbuckle in the room when Miss Rappe was alleged to have made the accusation and had him reply: “You’re crazy; shut up, or I’ll throw you out the window.”[14]
GIRL REFUSES
Miss Prevost was asked to swear to the same set of circumstances.
“I will not,” she replied to U’Ren. “I never heard Miss Rappe say that anybody hurt her.”
When the district attorney’s office failed to get the information it sought to elicit from Miss Prevost, it had her hauled before the grand jury. It was thought that she could be broken under the continuous fire of suggestion and cross-examination. But she would not swear to the statement that Virginia Rappe had said Arbuckle killed her.
When the girl was brought back, as she now relates to the district attorney’s office, she was ready to collapse. The prosecution had harried her by asking over and over again the same question as to the Rappe girl’s accusations.
“Did you tell me, downstairs in the district attorney’s office,” U’Ren had asked “that Miss Rappe had said Arbuckle killed her? “No, I did not,“ said Miss Prevost. “I never said that Miss Rappe had made any such statement.”
Source: San Francisco Call, January 20, p. 13 (California Digital Newspaper Collection)
MOTHER THREATENED
Outside Brady’s office at 4 o’clock in the morning Miss Prevost found her mother and brother waiting for her. They had been threatened with prosecution for subornation of perjury because they warned Miss Prevost against signing any statements that she did not agree with.
“Wait until they subpoena you into court, if you don’t want to swear to those things,” the brother had advised.
Brady’s patience was exhausted by the efforts to secure the testimony of Miss Prevost and he ordered Detective Leo Bunner to take her upstairs and lock her in the city prison. Later he relented and said that if she would be at his office at 10 o’clock the next morning he would let her go home with her mother and brother.
That night Miss Prevost’s home was watched.[15] In the morning a representative of Brady’s office called and brought her to the Hall of Justice. Then ensued another long third degree with U’Ren doing the questioning. He was determined to wring from her a statement that Miss Rappe had charged Arbuckle with killing her. He had a new one prepared.
While reporters cooled their heels in the hall outside U’Ren quizzed Miss Prevost for hours without result. She would go no further than the statement that Miss Rappe had said she was dying, a fact that she, Miss Prevost, qualified with the remark, “We attached no importance to it, because we thought she was suffering from gas pains. That is why Alice Blake gave the bicarbonate of soda.”
U’REN EXASPERATED
U’Ren after a morning’s work, in an attempt to support the murder charge placed against Arbuckle, at his insistence. came out of the room exasperated. He said that he would give Miss Prevost one more chance and that if she didn’t testify to what the people wanted he would have her placed in custody.
Then Alice Blake was brought from Oakland, to which city she had fled after the first days of the tragedy She was taken to Brady’s office and the same means were employed to get the dying statement into her testimony. Miss Blake would not stand for it.
The district attorney played one girl against the other. Word was carried to Miss Prevost that Miss Blake had testified that Miss Rappe had said Arbuckle killed her. “I never heard her say it,” said Miss Prevost. “If Alice says that, then her ears hear differently than mine.”
The district attorney’s office threatened Miss Blake, it told her that it had an abundance of proof, that it knew positively that Arbuckle was guilty. Finally, Golden appealed to the heart of the woman in Miss Blake. The show girl had a tragic face and a deep emotion.
Golden pictured to her that girls like Miss Rappe were nothing but dirt under the feet of men like Arbuckle. He asked if she could question the sincerity of the district attorney’s office.
GIRL BREAKS DOWN
“Don’t you know,’’ pleaded Golden, “that we would be down here making this same kind of a fight if you were the victim?’’
Nervous and distracted, Alice Blake easily crumbled. She broke into tears. The strong appeal of Golden persuaded her. She agreed to stand for the statement that Miss Rappe had said. “I’m dying; I’m dying (she couldn’t go the full route, but she compromised); he hurt me.”
The fact was carried to Miss Prevost that Alice had “come through’’ to that extent. “I never heard Miss Rappe say it.” said Miss Provost, frightened and overcome with weariness after the third degree ordeal, “but if you want me to say it I will.”
The statement was handed her. the words “he killed me” crossed out. and Miss Prevost wrote in the words “he hurt me.”
That night the grand jury indicted Arbuckle for manslaughter. Later the police court held Arbuckle for manslaughter.
Mrs. Delmont was not called because, as Judge Brady and Isadore Golden both told me, “we cannot believe a word she says.”
The prosecution dropped Mrs. Delmont. but it saved her story for the purpose of convicting Arbuckle. Miss Prevost and Miss Blake were to take up the evidence where Mrs. Delmont left off. The two girls were then placed in Mrs. Duffy’s custody. Mrs. Duffy is the mother of George Duffy, an attaché of the district attorney s office.
Miss Blake escaped from the district attorney’s care when her mother visited Calistoga and took her away from her jailer. Miss Prevost was not delivered up until the last trial. Yesterday afternoon Miss Prevost said she would tell the whole story when she returned to the stand. And she did.
The Call was a newspaper in the Hearst chain. We have mentioned in earlier blog entries that William Randolph Hearst’s animus for Arbuckle is a myth. As a publisher, he tended not to interfere with his editors and reporters or issue memoranda on how they should cover a story. This is true of the Arbuckle case and one needs only look at the reportage in September 1921. The sensational aspect of the case—which sold Hearst newspapers—quickly evaporated. The Arbuckle case became more of a sporting event, in which the prosecution was one team and defense the other. The press sided with the perceived winner.
Gleeson, representing his newspaper, bought into the story that Blake and Prevost had been coerced due to the failure of Maude Delmont to perform as a reliable prosecution witness. This, however, was an oversimplification of what happened. All three women were being groomed as state witnesses at the same time with differing results. All three, too, had exhibited trepidation at having to relive what happened on September 5. They would bear the responsibility of violating a kind of show business omertà that extended from movie stars paid millions (Arbuckle) to a Sennett Bathing Beauty (Prevost) or a San Francisco nightclub dancer (Blake) to a film colony society girl (Rappe) to a former extra practically living in the streets of Los Angeles (Delmont). They risked losing access to the club so to speak, the demimonde-democracy in which they had status. They also risked losing access to the employment and benefits that membership entailed, even if that meant being little more than being an escort and dance partner at a Hollywood party held in San Francisco for one day without pay. They took a great risk, perhaps even to their persons, if they were complicit in sending Arbuckle, a fellow entertainer, to the gallows or a ten-year prison sentence in San Quentin. Regarding his work with the Labor Day party guests, Assistant District Attorney Isadore M. Golden said it best when he was faced with their reluctance and reservations about talking to him. “We have made out a case [. . .] through witnesses who had to have the truth dynamited out of them, witnesses who would give anything to say, ‘I was not there.’”[16] This certainly applied to Alice Blake and Zey Prevost—and Maude Delmont as well.
In the case of Prevost, she might have been too outspoken about the party, at least in the first days after Rappe’s death. She likely learned this when she was approached by one of Arbuckle’s lawyers before any charges were filed. From that point on, she began to resist the District Attorney and his assistants. But they likely did doctor her statement. District attorneys have been and still are often more tactical than criminal defense lawyers, especially when the ends justified the means. One method used by Brady’s assistants was to exploit the power of sisterhood by shaming the female witnesses into believing they would be protecting Rappe’s honor.
Blake, the rebellious daughter of a wealthy Oakland family, returned home and was likely coached in some way not to be so voluble for the DA. A former boyfriend, who played a part in keeping her on the other side of the Bay, employed Prevost’s brother—who aspired to be a motion picture cameraman and director—as an electrician in Oakland. Ultimately, it was Brady’s fear of witness tampering and the flight risk that forced him to isolate Blake and Prevost for as long as he could. But they were both free by the time of the first trial in November 1921 and their tilt toward favoring Arbuckle’s defense can be seen in their testimony given then.
Nothing they said on the stand explains their own presence at Arbuckle’s Labor Day party. They certainly weren’t total strangers. The news that “Fatty was in town” seemed to be a familiar call to action, in keeping with previous visits by Arbuckle and/or his traveling companions, director Fred Fishback and actor Lowell Sherman. They were likely of a sort in keeping with escorts, groupies, or “girls in port.” Whether they were compensated for their attentions and attendance at the Labor Day party of 1921 is unknown. But whatever they did at the party before Rappe’s crisis in room 1219 went unreported. If it came up in trial testimony, that was censored and entirely kept out of the newspapers. Reporters do mention that aspects of their testimony couldn’t be repeated. This was certainly true of Maude Delmont’s story of Arbuckle wearing Rappe’s Panama hat like a trophy, his wanting to “get” Rappe in bed for five years, and so on.
No other guest would corroborate Delmont’s story—but no one corroborated Arbuckle’s either. It was simply seen as the most probable by jurors in the first and third trials. But two words stand out as it concerns Delmont. She stated the Labor Day party was “rough” and the word “censored” was used early on in describing her initial statements. For that reason, we believe that she wasn’t allowed to testify. For one, there was probably a concern she wouldn’t self-censor herself about any sexual activities at the party, an aspect the prosecution would have been eager to suppress. Also, we think she was reluctant to testify.
Maude Delmont may not have been the one who gave a statement first. Alice Blake’s initial statement is the that got the attention of Arbuckle and his lawyers while still in Los Angeles on the night after Rappe’s death. Allegedly, Zey Prevost made her statement next followed by Delmont. This still seems counterintuitive to us. But it is possible that someone else tipped them off about the possible criminal nature of Rappe’s death. An anonymous telephone call was how the Coroner’s office learned of the first and unsanctioned autopsy performed on her body. In any event, Delmont surely stirred up things for Arbuckle.
That said, Delmont nevertheless exhibited a palpable fear of having to sign a murder complaint or face Arbuckle and his lawyers in court. In our work-in-progress we ask if this was her defense mechanism against having to testify any further? Where Blake, Prevost, and other party guests couldn’t remember or didn’t see what happened to Virginia Rappe vis-à-vis Roscoe Arbuckle, Delmont didn’t have that option. She had blurted out a story that detectives and an overworked assistant district attorney wanted to believe and she had been convinced or forced to sign the murder complaint, which Blake and Prevost would have refused to do.
Delmont, too, said things out of resentment. She said things that might also be correct but perhaps only enough to lend credence to other statements. But we must not lose sight of the fact that Delmont, despite her humble status, was chummy enough with Arbuckle to call him “Roscoe,” just like most of the women who attended the Labor Day party. If there was a kind of freemasonry to the gathering of entertainers ranging from two movie stars, a director, an actress, as well as local showgirls, Delmont belonged at the end of the line.
Before Arbuckle lawyers demonized her, Delmont felt she was doing the comedian’s bidding by taking care of the fatally injured Rappe and interacting with hotel physicians. Delmont was the intermediary between Arbuckle and the party’s inner circle until he left San Francisco. Then she, like Rappe, was cast aside. Such rejection and the consequent resentment, penury, and that Rappe was such a “good fellow” was likely used to extract her version of events—at the other end of the spectrum from Arbuckle’s (see Arbuckle’s Testimony of November 28, 1921). We think the truth lies in between.
We think—at this writing anyway—that Delmont’s loyalty to the “party” ended with Rappe’s life. Whether consciously or unconsciously, however, she became impossible to work with as a credible witness. Thus, Matthew Brady and his assistants could go with Alice Blake and Zey Prevost who, over the weekend of September 10 and 11, no longer wanted to stick to their original stories of what happened to Virginia Rappe.
[1] “Witnesses in Arbuckle Case Denied Fees,” San Francisco Chronicle, 11 September 1922, 9.
[3] Frank C. Oxman, the state’s star witness at the 1917 Preparedness Day Bombing trial who said he saw labor activist Tom Mooney and an accomplice near the site where the bomb was placed on July 22, 1916.
[4] The Howard Street Gang trial took place in early 1921.
[5] Edmund “Spud” Murphy, leader of the Howard Street Gang.
[6] Maude Delmont did, indeed, testify at the Coroner’s Court in September 1921, which was an early venue in the Arbuckle case.
[7] Gleeson fails to tell his readers that this was undoubtedly Ira Fortlouis and that both were likely in the bathroom of 1221.
[8] An internist and surgeon covering for St. Francis Hotel’s regular physician, Dr. Arthur Beardslee, during the afternoon of September 5, 1921.
[9] In Arbuckle’s testimony, she had been vomiting profusely and was given water by him. Alice Blake also tried to get Rappe to drink a glass or warm water and bicarbonate of soda. That she had no more than three gin and orange juice cocktails (“Brooklyns”) if at all suggests Dr. Kaarboe either had the olfactory senses of a canine or made his testimony up.
[10] Technically it is, hearsay, but Dr. Beardslee wasn’t allowed to discuss it at the preliminary hearing because Arbuckle’s lead counsel, Frank Dominguez, objected.
[11] Glennon’s testimony was deemed hearsay as well.
[12] In September 1921, Alice Woodcock, a school teacher, was on trial for perjury relating to the 1919 murder trial of her husband Edward Woodock.
[14] This wasn’t in any statement made by Delmont; but it was made by Prevost.
[15] Gleeson fails to tell his readers that Arbuckle’s lawyer, Charles Brennan, had approached Zey Prevost on Market Street and asked her if she needed an attorney. Was that all the said? The district attorneys were utterly paranoid about witness tampering.
[16] Edward J. Doherty, “State Springs Coup on Fatty; Defense Wild,” Chicago Tribune, 28 September 1921, 3.
The work-in-progress features a chapter on October 1921. During this time, Roscoe Arbuckle’s defense team and strategy changed. Frank Dominguez, the comedian’s lead counsel in September, allegedly resigned to pursue the interests he had in Los Angeles. But his departure had more to do with his strategy of insinuating that Maude Delmont and Al Semnacher had tried to blackmail Arbuckle with Rappe’s torn undergarments, which they had secreted away to Los Angeles.
Dominguez probably didn’t believe in such a scheme. It only served to further undermine the credibility of Maude Delmont. Once she testified at the preliminary hearing or trial, a masterful cross-examination could destroy the prosecution’s case. No jury would convict Arbuckle after this alleged extortionist, alcoholic, and drug addict was deconstructed in the witness chair.
But this strategy presupposed a crime, that Arbuckle had done something wrong, like raping Virginia Rappe or failing to report a tragic accident that might have happened in an act of consensual intercourse. Such a defense only made the problem worse for Joseph Schenk, Adolph Zukor, Jesse Lasky, and other stakeholders in Arbuckle’s career. They knew that their star comedian had to be completely innocent of any wrongdoing, “squeaky clean,” as his career and reputation were based on a wholesome (though often raffish) screen image. Thus, there had to be a kind of legal, ethical, and situational “estrangement” from the parttime actress and society girl who, until she suffered her fatal injury, was Arbuckle’s friend, “one of the gang.”
Dominguez’s partner and Arbuckle’s personal lawyer, Milton Cohen, was also part of the comedian’s defense team. Cohen authored the strategy of “deconstructing” Virginia Rappe. He had also once been her personal attorney and knew more about her than any of his colleagues. He knew that of the many performers who remade their personas, with their different names and confected backstories, Rappe’s was a nearly blank slate. If she didn’t have any skeletons in her closet, he could put them there.
Dominguez’s successor, Gavin McNab, was on board to develop this strategy with Cohen’s counterpart in Chicago, the lawyer Albert Sabath, a close friend of Rappe’s first boyfriend, Harry Barker. The strategy was simple enough: to blame the victim before Arbuckle’s manslaughter trial in November and get it into the press before jury selection.
Arbuckle’s defense team spent much of October locating witnesses who could tell tales of Rappe’s private life. They had an immense war chest and weren’t shy about intimidating the District Attorney of San Francisco with how much money they had as the postscript below the following news item makes clear.
The news item reprinted below is the capstone to a wave of such articles that DA Matthew Brady dismissed as “propaganda.” These appeared in various forms published by the Hearst syndicate’s International News Service (in contrast to the oft-mentioned animus William Randolph Hearst and his papers allegedly had toward Arbuckle and Hollywood, a meme that has been recycled in many narratives and biographies).
We devote an earlier blog entry to this topic because of the centrality of the cystitis–pregnancy strategy in finally getting Arbuckle acquitted in April 1922. Although we can’t fault the law of diminishing returns after three trials, the money spent on his defense wasn’t enough to convince the public that Arbuckle was the upright person they once had imagined.
Here, we return to the “propaganda” campaign because of the unusual features of this version from the Los Angeles Evening Herald of October 28, 1921. It gives a description of Rappe’s “daughter,” as though she were a tiny clone of the mother. This article, too, was the first to give a name to Rappe’s bladder disease.
Readers should note that premature infants were sometimes used as sideshow oddities in the early twentieth century. Nurse Roth, a self-proclaimed friend and confidante of Rappe, showed no hesitation in mentioning that her dear friend’s alleged child was used in such an exhibit.
NURSE REVEALS RAPPE GIRL’S PAST TELLS LIFE OF WOMAN IN ARBUCKLE TRAGEDY Attorneys in Chicago Hear Story of Acquaintance of Actress
By International News Service
CHICAGO, Oct. 28.—Shadowed secrets from the hidden past of Virginia Rappe, dead movie actress, were drawn to light today in an effort to clear Roscoe “Fatty” Arbuckle from responsibility for her death. The dead actress’ early life was revealed with many sordid details by Mrs. Josephine Roth, her lifelong friend.
The revelations included the fact that Virginia had been a mother, her child dying when 5 years old. The most startling statement made by Mrs. Roth was that the actress was in constant danger of a sudden shock.
DRAMATIC STATEMENT
“If I could tell my story to a jury of physicians, ‘Fatty’’ Arbuckle would be freed in 10 minutes,” was her dramatic statement. “Virginia could have died at any time from a sharp fall or even a sudden misstep.”
Her story was told to Assistant State’s Attorney Frank Peska, who represented District Attorney Brady of San Francisco. It was to be repeated later to Attorney Brennan of Arbuckle’s defense counsel, who arrived this afternoon.
Mrs. Roth told her story with tears, in her eyes.
“Virginia’s memory is still so tender,” she said.
CHRONIC AILMENT
She declared that Miss Rappe was a constant sufferer from systitus [sic], a chronic disease of a vital organ. Mrs. Roth, who had acted frequently as nurse to the former model, then described in detail the medical attention given the ailing woman. This treatment had been continued until 1913, when Virginia left Chicago, said Mrs. Roth.
“A baby was born here to Virginia. It was so small and frail, it was placed in an incubator and exhibited at a local amusement place,” said the former nurse.
BEAUTIFUL CHILD
“The child was very beautiful. She had Virginia’s black hair and big black eyes. She died when 5 years of age.”
Other depositions were taken during the day from Miss Virginia Warren, also a nurse; Jay Abrams and a prominent theatrical producer, whose name was withheld.
REPORT UNLMITED FUND AT DISPOSAL OF FATTY ARBUCKLE
SAN FRANCISCO, Oct. 28—The fight to save Roscoe “Fatty” Arbuckle from prison today assumed a wider scope with the circulation of the rumor that unlimited money for defense purposes has been placed at the comedian’s command. Lawyers, picked not for price but for the success they have achieved in San Francisco courts, have been engaged to conduct the defense. A nation-wide search for evidence, admittedly costing heavily, was underway today.
Gavin McNab, recently named chief counsel for Arbuckle, has frankly stated a group o{ men with investments in motion pictures have employed him. It was generally believed here that McNab’s fee went high into five figures and perhaps six.
Charles Brennan, another of Arbuckle’s lawyers, expected to reach Chicago tomorrow, in his search for evidence. Later, Brennan is expected to go to New York and Washington, where other witnesses are believed located.
Among those he will see in the east will be Lowell Sherman, Broadway favorite and picture star, who was a guest at Arbuckle’s party preceding Virginia Rappe’s death. The entire story of Virginia Rappe’s life Is being pieced together by the defense as a foundation for a theory that she died from unavoidable causes for which Arbuckle had no responsibility.
Source: Los Angeles Evening Herald, 28 October 1921, A3.
Nurse Josephine Rafferty Roth, infant, and onlooker, ca. 1910s (Private collection)
The comedy director Fred Fishback[1] was one of Roscoe Arbuckle’s two traveling companions who arrived at the St. Francis Hotel on the evening of September 3, 1921. The other was one of the first Hollywood actors who specialized in “heavy” male roles, Lowell Sherman. But unlike Sherman, Fishback had testified at the previous two trials and had made himself available for Arbuckle’s defense. The resulting notoriety temporarily interrupted his work as a director and forced him to work under the name of Fred Hibbard.
A tall and athletic man—Fishback was a swimmer—who neither smoked nor drank made an unusual participant in Arbuckle’s revels as well as Arbuckle’s roommate in room 1219. He made for an even stranger roommate for Virginia Rappe’s manager, Al Semnacher, when he moved from the Palace Hotel to the St. Francis during the late afternoon–evening of September 5. Fishback and Semnacher slept on another floor.
Fishback, naturally, didn’t want to return to 1219 given what had happened there in the mid-afternoon, when Rappe was found going in and out of shock given the true nature of her injury. He was, like the women at the party, a first responder. He had handled Rappe’s body twice. The first time was corroborated by prosecution witnesses: Fishback had lifted Rappe up on one side, while Maude Delmont and Zey Prevost had taken the other arm and leg, and carried Rappe into the bathroom and placed her in a bathtub filled with cold water. The object of this treatment was to bring Rappe back to her senses so that she could explain what was wrong with her.
The second time as Fishback testified was when he took Rappe by the ankles and held her upside down vertically. To do this, he claimed to have stood on the bed so as to allow blood to flow back into her brain and thus bring her back to consciousness.
That he could hold a woman up like this wasn’t questioned. Fishback appeared to be physically capable of doing so. The more curious feat was the act of standing and balancing on a mattress that was supported only by bedsprings rather than a modern box spring mattress. Thus, we can imagine Fishback’s act of first aid akin to a trampoline gag worthy of a comedy director. Fishback, too, stated that his big hands had likely caused the bruises on Rappe’s arms, which the prosecution had to Arbuckle.
What seemed like an act of mercy, however, worked well for the defense. The jury would have to consider that Fishback might have accidentally caused her ultimately fatal bladder rupture. That and Fishback’s dogged loyalty to his friend, Arbuckle, made him an effective prosecution witness. He was unshakable on the stand. His loyalty to Arbuckle began early, when he refused to sign a statement that, ironically, quoted him accusing Lowell Sherman of trying to “upstage” when Sherman and Arbuckle conspired to to rid themselves of his company after Rappe’s crisis.
Still, the whole exercise with Rappe’s limp body seemed too opportune. And no one else witnessed such a robust display despite the other accounts of what was done to help Rappe.
Fishback also served to deflect the direction of the accusations that Rappe was said to have uttered—“I am dying” and “He hurt me”—which the prosecution contended were aimed at Arbuckle. Gavin McNab, Arbuckle’s chief counsel, said if Rappe had said anything like this, it was directed at Fishback.
Fishback previously stated and restated that he never heard Rappe say anything. But on April 1, 1922, he recalled that he only heard her say one word, “Don’t”—but who was the recipient of this simple, human request goes unmentioned in the reportage.[2]
There was also a light moment as the Saturday session came to an end, which suggests that the two prosecutors didn’t believe that Fishback had stood on the bed and held Rappe up. McNab, undoubtedly reflecting the upbeat mood at the defense table, asked Assistant District Attorney Milton U’Ren if he would like to subject himself to a demonstration. But U’Ren declined being held upside down by his ankles, saying that he did not care to be “manhandled.“
A rare photograph of the man behind the camera: Fred Fishback (l) serving Edith Roberts (c) sparkling grape juice on the set of A Baby Doll Bandit (Exhibitor’sHerald, August 2, 1919)
[1] Fishback is the conventional Americanized spelling but newspapers in 1921 and ’22 also spelled his name in keeping with his Romanian Jewish ethnicity (e.g., Fischbach or Fischback).
[2] Associated Press, “Fischbach on Stand in Arbuckle Trial,” Los Angeles Times, 2 April 1922, I:4.
For several days, a single piece of ice, perhaps as small as an ice cube, rivaled the iceberg that struck the SS Titanic. The ice in question became known during the second day of Al Semnacher’s Women’s Court testimony on the Saturday morning of September 24, 1921.
It was not unexpected that Semnacher was asked to recount an anecdote told by Roscoe Arbuckle on the morning after the Labor Day party. The anecdote first came up when Semnacher included it in a statement to the District Attorney in Los Angeles. He would have told of it earlier, but claimed he had forgotten about it until it returned to him in a dream.
We have already mentioned the ice in a previous entry. What isn’t often discussed is how Assistant District Attorney Isadore Golden began the second day of Semnacher’s testimony, leading up to the revelation that Arbuckle, in Semnacher’s first telling, admitted to inserting ice in Rappe’s vagina.
Golden began by asking if Rappe appeared to be “in healthy condition” when she left Los Angeles for Selma and San Francisco. Semnacher answered yes. Then Golden continued to ask questions that had already been asked before positing a curious image of Rappe as a vamp, a siren, tempting Arbuckle at the entrance of room 1219. The question may have been asked to probe Semnacher’s veracity, not unlike a control or comparison question for a polygraph examination.
Q: And as far as you know she continued to enjoy the best of health? A: Yes, sir. Q: Until you saw her lying on the bed in a nude condition as you stated yesterday? A: Yes, sir. Q: At any time that you observed Miss Rappe in Mr. Arbuckle’s apartments, did you ever see her let her hair down and shake her head, with her hair hanging down? A: No, sir. Q: Did you ever see her in Arbuckle’s apartments standing in the doorway connecting any of the rooms, letter her hair down and calling out to Mr. Arbuckle to observe her? A: No, sir. Q: Or say, “Look here, Rossy,” or “Roscoe.” A: No sir.[1]
With Semnacher’s answer, Golden changed the subject and the sudden appearance of a consensual and wanton young woman vanished as quickly as she appeared.
Theda Bara in one of her poses (Library of Congress)
Isadore Golden, one of Matthew Brady’s assistant district attorneys, put it this way: “We have made out a case [. . .] through witnesses who had to have the truth dynamited out of them, witnesses who would give anything to say, ‘I was not there.’”[1] One witness he had in mind was Al Semnacher, part motion picture publicity man, part talent agent, and part talent scout, who represented at various times ZaSu Pitts, Jacqueline Logan, Kenneth Harlan, and Virginia Rappe for less than two months. If going to Arbuckle’s party had been a business venture to get her into Arbuckle’s party, either all along or an opportunity of coincidence, he failed her miserably.
Al Semnacher (San Francisco Call)
Semnacher was a kind of subaltern Hollywood functionary, even factotum. His estranged wife was the late Olive Thomas’ personal secretary. His stock-in-trade was primarily developing—or exploiting—young aspiring people, especially young women, who wanted to break into the movies and needed their face and contact information in a casting directory with a flattering portrait taken at the Hartsook Studio. Semnacher, too, served the Hollywood nobility. For example, when one of Arbuckle’s lawyers produced a purse in the courtroom, inferring that it might belong to Virginia Rappe, the accessory, as it turned out, belonged to Mildred Harris (Mrs. Charlie Chaplin). Semnacher had taken it to a jeweler for her to be fixed.
The actress Miriam Cooper expressed one school of opinion about Semnacher’s role in the Arbuckle affair. She saw Semnacher as a liar covering up what he really knew.[2] Her husband, the actor and director Raoul Walsh, believed that Henry Lehrman had arranged with Semnacher to bring Rappe to San Francisco to see Arbuckle.
When Al Semnacher took the stand during the afternoon of September 23, 1921, his testimony came so reluctantly that the defense demanded that Assistant DA Golden treat Semnacher as a hostile witness. Some newspaper accounts described his performance as unimpressive. Others took issue with the appearance of the dapper, sporting man who was photographed wearing an ankh symbol tie pin on his four-in-hand, a pince-nez, and a Gatsby cap (picture above).
Edward J. Doherty—“America’s Highest Paid Reporter”—of the Chicago Tribune’s Hollywood bureau knew Semnacher to be Arbuckle’s friend and described him as “a short, squat, middle-aged man, with iron gray hair, gray eyes, and a weary gray countenance.”[3]
Ellis H. Martin of the International News Service described Semnacher it terms as “a wiry little man whose dark, sparkling eyes peeped cautiously from behind shell-rimmed glasses.”[4]
The Rev. William Kirk Guthrie, the pastor of San Francisco’s First Presbyterian Church, writing in the San Francisco Examiner, not only appeared in the Women’s Court as a reporter, wearing a clerical collar, but also as an editorialist. He, too, had something to say about Semnacher’s untrustworthy features.[5]
What a rotten way to spend a perfectly good afternoon. Sitting in a stuffy courtroom, listening to a lot of seemingly stupid questions, that seemed to lead nowhere, and were repeated over and over again in an effort to get a witness who apparently had made up his mind not to say anything that was worth anything to anybody to say what he had already said. [. . .] And the witness, Mr. Semnacher, who, I believe, was the manager for Miss Rappe, was a very clever and interesting little person, with dark, sparkling eyes, and many of the manners and actions of a monkey. At times, he was quite cute, with a funny little twinkle behind the glasses in his black eyes—and then he knew so much, and so intimately, about some things, and was ready to run on telling it, and against he knew so little, in fact, almost nothing of what the District Attorney wanted to know.
I wonder whether it is a good thing to shout at a witness. [. . .] In talking of torn garments, I couldn’t help thinking, as I saw the detectives coming into court, with two pitiful packages in their hands, of how a short while before what they contained had clothed beautiful womanhood, and were now but a wretched exhibit in a police court. And that ultimately there is but one garment that can cover our shame and failure, and that is the robe of His righteousness.[6]
The Rev. Guthrie, like other spectators, wanted to be interested, entertained perhaps, but for many of them, this was the first time they had sat through a direct examination and cross-examination. They had no idea that this was how district attorneys laid their groundwork, especially for a reluctant witness who realized that he was being led along a precipice in which he could perjure himself, bring financial ruin, and make him an untouchable in film colony—this on top of a humiliating divorce.
[1] Qtd. in Edward J. Doherty, “State Springs Coup on Fatty; Defense Wild,” Chicago Tribune, 28 September 1921, 3.
[2] Miriam Cooper and Bonnie Herndon, Dark Lady of the Silents (New York: Bobbs-Merrill, 1973), 180.
[3] Edward J. Doherty, “Fatty Pales at Moving Picture of Fatal Party,” Chicago Tribune, 24 September 1921, 1.
[4] Ellis H. Martin, “Death of Actress Laid to Injuries,” Washington Times, 24 September 1921, 1.
[5] Anti-Semitism did loom over the Arbuckle trial, perhaps more than we know. In the case of Rev. Guthrie, Semnacher may have been seen as the stereotypical “Hollywood Jew,” a label already well-established especially in the revived Ku Klux Klan and among their WASP betters who entertained the “suburban prejudice.”
[6] Rev. William Kirk Guthrie, “Judge Lazarus Untangles Knows of Legal Verbiage, Impresses Cleric,” San Francisco Examiner, 24 September 1921, 1–2.
For most of Saturday, September 10, Roscoe Arbuckle and his pals Fred Fishback and Lowell Sherman once again drove north on Highway 4, which is now California 99 and Interstate 5, to San Francisco. Only this time in a much less joyful mood and with company. Arbuckle rode in his Pierce-Arrow which was driven by his chauffeur, and also carried his manager Lou Anger, and Frank Dominguez, his newly appointed attorney. Fishback followed in his car, accompanied by Sherman and Al Semnacher, the late Virginia Rappe’s manager/booking agent.
They had left Los Angeles at 3: 00 a.m., stopped for breakfast in Bakersfield, and reached Fresno at about 11:00 a.m., making good time.
As the two cars were being serviced and refueled at the A.B.C. Garage, an employee heard one of Arbuckle’s companions speaking to Arbuckle. “Say, a motor cop had been following you for a long while.”[1]
“Well,” the comedian retorted, “he’s been following you too.” Then he strolled over to the Hotel Fresno to purchase cigars and the latest papers to see what was being reported about him and Rappe, who was very much on his mind now if she hadn’t been over the past five days.
A desk clerk, Joe Davis, recognized Arbuckle standing by the cigar stand in the hotel lobby. Davis approached the film star and asked, “Well, who was the girl?”
Although outwardly jolly and carefree—like “Fatty” in the movies—Arbuckle took the opportunity to vent about his troubles, as one does with a stranger who one imagines is offering a sympathetic ear. He revealed a little of the man behind the celebrity who, on screen, seemed no more than a fat but lovable simpleton.
After giving the question some thought, Arbuckle lied about Rappe and disparaged her in the same breath. “I don’t know who she was,” he said, “some bum, I guess. They brought her in and we ‘bought a drink,’ and the first thing I knew she was drunk, and we got a room for her and called the manager in order to get a doctor.”
“We’re going up to find out about this now,” Arbuckle continued, adding that he and his party were due at the Palace Hotel in San Francisco at 3 o’clock in the afternoon. But they wouldn’t arrive at the Oakland Ferry for another five hours.
Source: San Francisco Examiner, September 11, 1921 (Newspapers.com)
[1] The following is adapted and quoted from “I Don’t Know Who She Was—Some Bum, I Guess,” Arbuckle Says; Sacramento Bee, 10 September 1921, 1; and “Arbuckle to Be Held Pending Probe of Death,” Fresno Morning Republican, 11 September 1921, 1, 6.
Roscoe Arbuckle didn’t penetrate Virginia Rappe with a Coke bottle. The origin of what has become a fetish object is an idle speculation made by Kenneth Anger in Hollywood Babylon.
As headlines screamed, the rumors flew of a hideously unnatural rape: Arbuckle, enraged at his drunken impotence, had ravaged Virginia with a Coca-Cola bottle, or a champagne bottle, then had repeated the act with a jagged piece of ice . . . or, wasn’t it common knowledge that Arbuckle was exceptionally well-endowed? (28)
The family newspapers of the 1920s didn’t—and wouldn’t—print anything like this. Some did report the original story on which Anger embellishes and gets half wrong: the ice part is true.
On Saturday, September 24, Al Semnacher, Virginia Rappe’s manager, testified to an encounter with Arbuckle and his companions in room 1220 of the St. Francis Hotel on the morning after the comedian’s Labor Day 1921 party (i.e., September 6, 1921).
One of many entertaining images from Hollywood Babylon (28)
In the presence of director Fred Fishback and actor Lowell Sherman—who had shared the twelfth-floor suite—as well as Semnacher and the comedian’s chauffeur, Arbuckle shared an anecdote from the day before. After Rappe had been found on his bed in room 1219, suffering from excruciating pain in her lower abdomen and going in and out of consciousness, Arbuckle attempted to wake her up. He returned to room 1219 and pushed a piece or pieces of ice into her vagina. (A bowl of ice was on the bar-buffet table in room 1220.)
Semnacher might have been shocked by Arbuckle’s attempt to make light of what had happened and repressed the memory of it until re-experiencing it in a dream. The way this played out in his appearance at the preliminary investigation in the Women’s Court was given much fanfare. Women’s Court was a special venue of the Police Court of San Francisco that limited the number of men to ensure courtroom decorum for female plaintiffs, witnesses, and spectators. The judge, Sylvain Lazarus, was to decide whether Arbuckle be tried for manslaughter or murder in the Superior Court of San Francisco County.
The District Attorney’s office promised that Semnacher would reveal on the stand that Arbuckle himself had disclosed the manner in which he had injured Virginia Rappe. But this didn’t happen.
Semnacher, in the penultimate moment of his testimony, was pressed by Assistant District Attorney Ira Golden about what he remembered of Arbuckle’s anecdote, specifically, what word did he use in reference to Rappe’s genitalia.
Semnacher, aware of the many women around him, felt uncomfortable saying the word aloud. So, Golden gave Semnacher the option of whispering it to the court reporter.
Semnacher answered, “The word is snatch.”
Golden’s intent wasn’t to present the ice as a weapon but rather to prove that Arbuckle hadn’t been a gentleman at the party and had treated Rappe abominably. This ploy was quickly apprehended by Arbuckle’s chief counsel, Frank Dominguez. As a seasoned criminal defense attorney in Los Angeles, he knew that Golden had only made Arbuckle look like a cad and with the hope that such an outrage would sway Judge Lazarus, especially if he wanted to appease the women in his courtroom.
The next day, Sunday, September 25, after a press conference for Arbuckle’s wife, Minta Durfee, Dominguez intimated to a few lucky reporters that he intended to turn the tables on Ira Golden and his boss, District Attorney Matthew Brady. One of them was Edward J. Doherty of the Chicago Tribune. With his “Foxy Grandpa” wink, Dominguez promised that when he cross-examined Semnacher, he would bring another “startling revelation.”
Dominguez promised that the ice would be seen for what it was, the right thing to do for Rappe and much to Arbuckle’s credit. Dominguez intended to present Arbuckle not as “a coarse buffoon, boasting about a horrible thing he had done to a woman, but as a gentleman remarking casually what he had done to bring this woman out of her hysteria.” Dominguez, too, based on sound medical opinion, that what Arbuckle did with the ice, slipping it inside Rappe’s vagina,
had been not only sanctioned but practiced by physicians of all times since the days of Ancient Greece. [. . .] that Arbuckle did not mean his remark to be met with laughter. It was as if he had tried an old remedy, a bit unconventional, perhaps, a bit bizarre, maybe a tad too vulgar to speak about, if you will, but a good remedy, none the less, to cure a headache, or a backache, or a pain in the ear.”[1]
In all likelihood, the wily Dominguez had made it up—but not quite off the top of his head. As ice-making became widespread in the nineteenth century, doctors used pieces of ice to staunch the bleeding and pain of uterine hemorrhages.
Semnacher, perhaps knowing that he had embarrassed Arbuckle, took back what he said about the ice. He testified that he had used the wrong word to describe what the comedian did. He had put the ice on Rappe’s vagina, not in.
Note: Semnacher was one of the few witnesses asked to describe in detail the beverages served at the Labor Day Party. Neither he nor anyone else mentioned that Coca-Cola or champagne had been served. Indeed, the only carbonated beverages he noticed were bottles of orange soda and White Rock Soda, with the topless Psyche on the label admiring her reflection in a pool, an eerie foreshadowing of how Virginia Rappe would be found after tearing off her shirtwaist.
Source: White Rock Beverages
[1] M. D. Tracy, “Arbuckle Tortured Rappe,” Buffalo Times, 25 September 1921, 21.
The one time that Al Semnacher admitted to entering the bedroom shared by his charges, Virginia Rappe and Maude Delmont, was on Labor Day morning. He asked the two women if they wanted breakfast.
Between 10:00 and 10:30 a.m., the party of three took the elevator down to the lobby. If they looked in on the bar, they may have noticed Maxfield Parrish’s painting The Pied Piper over the bar, in which the piper is depicted leading Hamelin’s children to “the place of no return.”
On their way, Semnacher might have stopped at the desk to check for mail and messages. As it became clear later, he had business contacts in town and he may have notified them of his arrival. Then he, Rappe, and Delmont stepped inside the Garden Court.
The Palace’s elegant lounge and dining room on the first floor is much the same as it was a century ago. Breakfast and lunch were served daily under a vast, gilded skylight of opaque glass, which added to the soft but generous light provided by enormous crystal chandeliers. Potted palms and flowering plants were tastefully placed to give the illusion that one dined outdoors.
Amid the sound of muted conversations, the deferential voices of the waiters, the delicate chimes of plates and flatware—these met and maybe some ceased as Semnacher and his companions followed a waiter to a table set for four.
The Garden Room of the Palace Hotel, San Francisco, ca. 1920 (Library of Congress)
Rappe’s presence in the great hotel was hard to miss amid a sea of white tablecloths. She stood out in a light green ensemble in contrast to Maude Delmont’s nondescript black broadcloth dress. Numerous accounts of what Rappe wore on September 5 exist in reportage and court testimony. One of the earliest described each piece as it lay in tatters before a coroner’s jury. Nevertheless, the reporter’s description of both garments reimagines the woman who wore them in life.
Just three yards of heavy crepe of the brilliant but cool green that the Chinese call jade. A two-piece skirt gathered on a belt. A little sleeveless blouse that hung in straight lines over the skirt. The wide armholes corded and a soft collar finishing the modest cut neck. For sleeves the long white ones of an ordinary white silk shirt waist that could be bought in any shop for $5.
What a contrast to the jetted and braided and embroidered and fringed atrocities of the most expensive modiste!
The sort of frock that any girl could have—if she were as clever as Virginia Rappe.
That girl knew what was becoming to her—had a fine color sense—knew the value of accessories. Her plain white Panama hat—the hat that Mrs. Delmont says Arbuckle was “clowning” in when they broke into the room, has a narrow band of jade green ribbon around the crown.
Ivory and jade—that was the color motif—as the designers would say. Just one touch of the show girl—and that hidden away under the ivory and jade. Garters of three-inch black lace, ruffled on silk elastic with a tiny green ribbon flower at the fastening.[1]
The outfit included a cape as well.
No previous narrative written about Virginia Rappe’s breakfast in the Garden Room pauses over this question: What did she and her companions have planned for the few hours that remained of their time in San Francisco? The drive from Selma to the Palace Hotel would have taken no less than four hours and for what? A night in an expensive hotel and breakfast?
According to Al Semnacher, he intended to drive back to Los Angeles in the late afternoon. Since the drive couldn’t be done comfortably in one day, he, Rappe, and Delmont would spend the night in Del Monte, California on the south end of Monterey Bay.
So, back to the question: What did they plan to do with their afternoon, a few hours really given the late breakfast? If Virginia Rappe hadn’t received a note inviting her to Arbuckle’s suite at the St. Francis Hotel, was there an alternate plan? For one to drive hundreds of miles, eight hours in each direction, without an itinerary or intention strains credulity. Without one, San Francisco was nothing more than an expensive, glorified layover, like Selma, in a long drive through the middle of California and then down the coastline. Rappe had seen San Francisco before. She had spent several days there in July 1920, during the same week as the Democratic National Convention. Even Maude Delmont had been to San Francisco. Al Semnacher often had business there.
Lastly, what did Al Semnacher, Virginia Rappe, and Maude Delmont discuss at their table in the Garden Room? That would have been the time to plan their day, the afternoon before them? If Semnacher picked up the San Francisco Chronicle and read from the front page, he could have amused the ladies with a story reporting that a “metaphysical astronomer,” with a certificate from the “Temple of Hashish,” told a Sunday crowd at Coney Island of a celestial event that would occur on Labor Day. Saturn would cross the paths of Jupiter and Mars and have such a deleterious effect on the moon’s tides that the East Coast would be submerged. Times Square could be covered by a foot of water.[2]
Fortunately, the West Coast was on the high ground and the top floor of the St. Francis Hotel a safe space.
[1] “Fate Sealed by the Dress She Made,” Los Angeles Times, 15 September 1921, 6.
[2] “New York to Be Submerged Today, Avers ‘Professor.’” San Francisco Chronicle, 5 September 1921. 1.
Al Semnacher’s inland route north took the recently completed California Highway 4, the precursor of U.S. Route 99 and present-day Interstate 5. By the late summer of 1921, the road was concrete-paved and designed for the top speeds of trucks and automobiles.
Highway 4 burrowed through the Newhall Tunnel and then up into the mountains past old Fort Tejon and then on to the oil fields and farmland of Kern County before riding along the majestic Castaic-Tejon Ridge and then twisting down to the first major town, Bakersfield. The rest of the way to Fresno traversed the so-called “Garden of the Sun” of California’s prime, irrigated farmland, the San Joaquin Valley, where, to either side of the road, were miles and miles of croplands, producing raisins, grapes, peaches, figs, nuts, olives, oranges, and other crops. The distance between Selma and Los Angeles is a little over 200 miles or almost halfway to San Francisco via Route 5 out of Stockton. The traffic would have been light in the morning, with occasional trucks and horse-drawn wagons, which Semnacher could easily pass in his Stutz motorcar, which shared the same engine with the two-seater Bearcat. Even though the first rains of the dry California summer had recently fallen, the weekend weather was expected to be fair with temperatures in the upper 70s.
Maude Delmont had a friend in Selma, Mrs. Anna L. Portnell, a divorcée, who was well-known in Fresno County society as a prominent member of the Woman’s Relief Corps and a celebrated bridge player. She later testified at the second Arbuckle trial in January 1922 under the name “Annie Portwell.” As a witness for the defense, she acknowledged that Delmont, Rappe, and Semnacher visited her ranch outside of town and that she took them sight-seeing in her car. During the excursion, Rappe allegedly begged, “Please stop the car if you do not want me to die.” Then Rappe left the car doubled up and drank “a quantity of dark colored liquid from a gin bottle. She said it was an herb tea.”[1]
Mrs. Portnell kept the bottle and produced it for the court. That she had kept such a souvenir of Rappe’s visit for nearly five months aroused no incredulity, at least none that was reported in the press. The purpose of having Mrs. Portnell testify was to further pile on that Rappe, despite being made sick by alcohol, drank it nevertheless. For that reason, as Arbuckle’s lawyers insisted, her getting sick at his Labor Day party was nothing unusual for this woman. Gavin McNab and his colleagues, however, must have had to choose between Rappe’s alcoholism or another of their theories, that she suffered from cystitis. Herbal teas were often prescribed to treat the disease before antibiotics. Alcoholism, of course, was more compelling. (Maude Delmont admitted to bringing a bottle of whiskey with her. She also testified that Rappe and Semnacher didn’t partake.)
Semnacher and Delmont never described what they and Rappe did in Selma, even though it was their only destination and the original plan was to return to Los Angeles. Perhaps they played bridge, since Mrs. Portnell made four and Rappe was herself a skilled player. That changed on Sunday morning, September 4, when Semnacher and his two passengers departed Selma for the long drive to San Francisco. He testified that the new itinerary was Rappe’s idea.
Before leaving Selma, Rappe dropped a postcard in a mailbox informing her “Aunt” Kate Hardebeck that she was having a “lovely time” and that she wasn’t coming home yet.
On Sunday evening, Semnacher and his party checked into the Palace Hotel. He took two adjacent rooms with a connecting door. Rappe and Delmont were to sleep in one room and Semnacher in the other. In the morning they would dress and have breakfast.
Meanwhile, Arbuckle and his party were already ensconced in a corner suite of the St. Francis, rooms 1219–1221, the same suite he occupied in June, with a view of the city that gave him pause. “I’d like to spend the rest of my life just looking out at Geary and Powell streets,” he said then to a reporter. “I’d have to give up a lot of palm trees and flower gardens to do it—but it would be well worth while.”[2]
Neither Roscoe Arbuckle, an inveterate violator of speed limits, nor Al Semnacher got ticketed on their way to San Francisco (Private Collection)
Spite Work: The Trials of Virginia Rappe and Fatty Arbuckle 