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Weighty Decisions

It probably wouldn’t happen today. At least not like it happened then. Of course, today people are falsely accused of crimes all the time. Even famous people get accused of crimes they did not commit. But forensic science can often provide an airtight alibi for innocent defendants. 100 years ago, things were different.


By the time he was 30, Roscoe “Fatty” Arbuckle was a star. He was a child when he ran away with the circus and vaudeville and carnivals and just about anywhere he could perform his magic tricks, share his humor, and entertain people for money. Wherever he went, people were entertained. Given the chance to appear in silent films, he became one of the OG movie stars. He signed with studios and would grow in a short time to command over a million dollars per film. He not only acted but wrote and directed as well – an OG triple threat. Arbuckle was as hot a commodity as entertainment allowed by 1920. He was an “A” lister.


After one of those swanky events he attended in 1921, where bootleg liquor flowed, another party guest, Virginia Rappe – a budding actress, designer, party girl, and independent thinker – died mysteriously. Her death certificate says her bladder ruptured and she had peritonitis which, especially at the time, was a life-threatening condition.


Life threatening conditions in 1921 rabbit hole: Penicillin would not be developed until 1928. That’s it. That’s the rabbit hole. There was no such thing as antibiotics of any kind in 1921. Wrap your mind around that.


Ms. Rappe died in a hospital under the best available medical care which is to say a considerable amount of hand wringing, perhaps some hand holding, warm or cold compresses as the mood demanded, and – possibly – generous doses of mercury. She was 30 years old. To this day it is unclear what led to her death, but in 1921, Fatty Arbuckle would stand accused of raping and killing her.


The autopsy showed no signs of physical violence upon Ms. Rappe. But, partygoers alleged that Arbuckle was alone with Rappe when she started screaming as if in pain. All this happened on September 5, 1921. By September 9, Rappe was dead. The following day, famed star Roscoe Arbuckle was in a jail cell awaiting trial. That was 103 years ago this week.


September 9, 1921 rabbit hole: The New York World began printing an expose of the Ku Klux Klan this same week. The story was picked up by dozens of newspapers across the country. The series was critical and damning of the Klan and its bizarre rituals, horrific tenets, terrifying tactics, and the money grubbing aspects of its membership dues and fees structure. To be clear: the series was unflattering and scornful of the Klan. Yet, the Klan’s membership increased significantly immediately following the series.


District Attorney Matthew Brady charged ahead with the accusations against Arbuckle despite significant evidence that there was no rape and that Rappe had a history of medical issues as well as a habit of getting drunk and acting strangely thereafter.


But, Arbuckle did not want to disparage Ms. Rappe and he refused to let his lawyers call several important witnesses to the stand. The jury hung up with a revealed vote of 10-2 for acquittal. Brady did not quit; he tried Arbuckle again. Again, the jury hung up. In March, 1922, the case was presented for a third time. In this trial, Arbuckle relented. His lawyers called witnesses who revealed aspects of Ms. Rappe’s character. 


Rappe was not the person who accused Arbuckle; she was the unfortunate woman who died. In any event, the evidence of guilt was weak; there was very little to suggest that Arbuckle had anything to do with Rappe’s death. He was finally acquitted after the third trial having spent $700k on his defense. That amount is a considerable sum today – but those are 1921 dollars. Those three trials cost the defendant a whopping 12 million dollars in today’s currency.


Arbuckle’s career was largely over. His once-bulging bank account was nearly empty. His one consolation was the message from the jury who had deliberated for less than 5 minutes before declaring the following:


Acquittal is not enough for Roscoe Arbuckle. We feel that a great injustice has been done to him … 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 which we all believe. We wish him success and hope that the American people will take the judgment of fourteen men and women that Roscoe Arbuckle is entirely innocent and free from all blame.


The American people did no such thing. The industry banned him from appearing in any film. He survived another decade or so and died at the tender age of 46. Of a heart attack. In a hotel room.


Often the focus of a troubled criminal justice system is on the most vulnerable accused of crimes – the poor, the outcast, the marginalized, the minority community member – who suffer so much sometimes with inferior legal counsel and nearly always with societal biases against them. there is plenty of that brand of injustice around. But, none of this was true about Arbuckle. He was America’s overweight sweetheart. He was king of the sight gag, a legend in physical humor, and he was a multimillionaire. He was on top of his game. All it took was an accusation and an overeager prosecutor to ruin him.


During his career, Arbuckle brought laughter to America. He was a fixture in the Keystone Cop genre. His friends included the great Charlie Chaplin, Harold Lloyd, Buster Keaton, and Enrico Caruso (who encouraged Arbuckle to get formal voice raining as he considered Arbuckle to be gifted with a beautiful singing voice). He was described as easy-going, often shy around women, and a kind man. None of that mattered to the film industry that treated him like a pariah just for having been accused of a horrible crime for which there was no objective evidence. The public lost interest in him. He suffered terribly from the effects of the three trials despite vindication in the end.


At the very same time, interest in the KKK rose in the United States and Hitler was just getting his Nazi Party off the ground in Germany. If only the focus had been to bring those groups down instead of Roscoe Arbuckle.

 

 

 

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