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For the final argument Judge Lauderbach said each rfde would be given four hours. Leo Friedman stood beiore the jury and appeared to direct most of his argument I o one woman. Yet all the jurors were intent on him. ArI juckle scraped at a hangnail.
Said the determined assistant D.A.: "We have successHilly shown an unbreakable chain of evidence. Even if >vhat Arbuckle himself had said were true, he would still ljbe guilty. Why? Because he left the mortally suffering girl ftK/ing there without calling a doctor. Is that not guilt?"
Arbuckle took to shredding paper as he listened. The Arbuckle counsels looked pleased. They didn't feel Friedman's summing up offered enough facts, enough evidence, to have a jury call him guilty of manslaughter.
When McNab arose he pounced on one big, salient weakness in the prosecution's stand.
"Where," he asked deliberately, "was Bambina Maude Delmont?" Of course McNab knew where she was and iwhy she wasn't called. But this was his chance to wield his death blow. McNab's second biggest point came on next like a sledge-hammer: "Why was our strong defense witness, Mrs. Morgan, poisoned? I would call her a heroine wounded in battle." McNab was just warming up.
"The State made much of some badly smudged fingerprints that could have belonged to anybody on the St. Francis Hotel door. Spooks! I call it. Just spooks!" McNab illustrated with a clock by turning an hour hand, "Ten i minutes," he said. "That was all the time Mr. Arbuckle was in the same room with Virginia Bappe." And now McNab went after the D.A.'s office with all barrels.
"District Attorney Brady," he accused, "shamelessly kept witnesses under custody. He said he did it to avoid having them tampered with. I say he was the one who did the tampering. I can prove that District Attorney Brady terrorized Zey Prevon until she screamed 'All right IH say it. Virginia said, "He killed me."
At the close of McNab's summing up, Brady asked if Friedman could add a few words. He was granted permission.
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