Evening star., 1932-05-01

Continued From First Page)
siding at the trial by. defense afa-
J winn said when Harry Franson,
foreman of the grand jury, at first
[ reported to Judge Cristy the grand
| jury had voted no bill against the four
| accused Judge Cristy then went to the
| grand jury room and told them in
effect that unless they found a true
bill against the defendants there would
be anarchy in the community"
| Winn quoted Judge CriSty as having
told the grand jurors:
=, Judges Words Quoted.
"I present you the question Of an
archy in this community. Are you
willing to take the responsibilities Of
that situation? You know our racial
structure"
The defense attorney said Judge
Cristy later. presented the grand jury
with three forms of bill-one for
frst-degree murder, one for second
degree, murder and one for kidnapping,
with the remark:
THE deliberations of this Jury are
not completely sealed in any investiga-
ton. If it appears to the court there
has been a situation requiring action
by the court, then the court can re-
Quire evidence to be taken as to what
transpired in the jury room. So do not
for moment go under the misappre-
hension that there is no way whereby
matters pertinent to the administration
of Justice cannot be investigated and
disclosed"
Winn asserted the grand jury then
voted on the three forms on two sepa-
rate occasions, each time negatively.
When this report was offered to Judge
Cristly, Winn said, he refused to &C
cept it and the grand jury finally re-
turned the nd-degree murder &C
cusation.
Winn.
In the event Of a long appeal fight,
the burden of the defense side OF the
case probably will be lifted from the
weary shoulders of Darrow and on to
the younger men, Winn and George s.
Leisure. the latter an associate OF Dar-
row. from Chicago.
Darrow in Daze.
The old lawyer seemed almost In
daze TODAY as he sat slumped In
chair in his hotel room. All the nre
and enthusiasm which he displayed IN
the trial were gone and he showed MS
rs years more than ever before.
Sometimes Darrow seemed not to near
when spoken to. He stared out OF ms
deep-set smouldering eyes ana MS race
seemed to have more than the usual
number of lines.
HT couldn't believe it." he told the
Associated Press correspondent. I
couldn't think or understand how any
body could be that cruel.
81 never have heard Of anybody SUI
fering so much as those people nave l
learned to love them, too. They nave
been SO brave"
The old lawyer shook his head sadly.
The motion for a new trial probably
will be argued May 8, wnen the oe-
PENDANTS come up for sentence.
Under the law the Judge has wide
discretion TO deal with the jury's recon-
mendation for leniency. The maximum
sentence is 10 years imprisonment, ana
the lightest possible would be sus-
pended sentence for that length Of time.
Gov. Lawrence NJ Judd also has the
authority to pardon any or all OF the
defendants.
At Pearl Harbor, where the convicted
four remained in custody OF naval Of
ficers, Mrs. Fortescue, mother Of Mrs.
Massie. was reported feeling very well. y
Mrs. Helen Ripley, her sister, also said
the same of Mrs Massie. In the last
few days Mrs. Ripley apparently has felt
the strain more than any OF the de-
PENDANTS.
Pale and Haggard.
Mrs. Ripley seemed pale and hag--
gard today. She was driving about
the Navy Yard on errands for her
convicted sister, using MasSie'S small
automobile. Mrs. Fortescue remained
aboard the Navy receiving ship Alton.
Oficials and leading citizens alike
withheld comment. Gov. Judd pointed
out the case was still in the hands
of the court and that it would thus
be improper for him to say anything
now. Sympathetic private citizens
likewise were silent, saying comment
might prejudice the case.
"I am desperately sorry Tor these
people" said Walter Dillingham;, imam
cial' and commercial leader, but ne
would not talk about the details OF
the case.
Rear Admiral Yates Stirling, com
mandant of. this naval district. Tne
admiral said he planned no special
ances ashore, but added:
1--WE are prepared-that is our motto,
you know"
Today was pay day in the Navy and
a large number of sailors were ex-
pected in the city tonight. Admiral
Stirling said there would be no curtall-
! ment of shore leave.
Retrial Likely Soon.
Harold Kay, deputy attorney general
said the retrial of the four remaining
men accused of attacking Mrs. Massie
might begin within 10 days. After
the jury disagreement in the first case
i Kahahawai and these four were await
ing a second trial when the native was
abducted and slain in the ForteScue
home.
Kay, in charge of criminal prose
cutions, pointed out the trial Of Joseph
Young, charged with criminaly as
saulting a young Chinese girl early IN
March, would begin Monday and sale
he hoped 1t would be concluded within
week, possibly clearing the way foI
the MaSsie attack retrial.
The deputy attorney general said the
| territory had new evidence for the trla
/ of the four men and believed 1t Woulo
I be an infinitely stronger case than
in the first trial"
Nothing will be spared" he said
ito bring it to a satisfactory conclu-
sion"
| Mrs. Massie recently announced she
would remain in Hawaii to go through
with the retrial.
Should the manslaughter verdict
! against Mrs. Fortescue and the three
Navy men stand, a woman and four
men constituting the Prison BOARD
would have a part in determining the
punishment. The judge, however, i
the final authority.
Leniency Up TO Board.
The deputy attorney general said the
| Judge was required to fix the maximum
! sentence and that the minimum ther
would be set by the Prison Board. The
| Judge, however. may increase or de-
a-aS.a AZ NJ ir, mum Get hu the hoard.