The Waterbury Democrat., 1932-04-28

SUCCESS D0uluu IllIIl, Cdll0Q up al
of his ebbing strength to present
a case for the defense which left
few dry eyes in the court room.
1t was Darrow's last appearance
| before the bar, he said, and he
| summoned all courtroom cunning
and vile he has gained in SO years
of defense to plead that the four
be permitted to go free.
A hot sun beat down out of a
blue sky on the court. There was
no breeze. The crowd filled every
recess of the room. There was no
stir-save the waving of palm leaf
fans-as Darrow paraded in front
of the Caucasians, 2 Chinese and
Hawaiians, now laundering out
his points, now pleading in a voice
| broken with emotion, now calmly
summing up the defenses that
| Massie killed Kahahawai in mo-
ment of insanity which might come
to any man whose wife had been
treated as was Thalia Massie.
barrow did not need the doctor
he had asked to be present, but
when his three hour summation
was completed, he appeared tired
| old man. His gray suit-neatly
pressed when he entered the court
was baggy. His long shaggy
hair, dropped into his eyes. His
hands shook. His face was bead
ed with perspiration. It was a
plea for humanity.
place humanity above the law"
he said. Free a tortured hus-
| band, a tortured mother and two
| seamen who were faithful to those
they loved.
ANY man who is ashamed of
human feelings, is ashamed OF. life.
He wouldn't have been born If his
father and mother hadn't had HUI
man feelings.
II wonder how you will sleep
nights, If these defendants go to
| prison?"
He told concisely the story OF
the attack on Thalia by five men,
Of the mental worry which
weighted down Tommy" Massie,
of the things that had happened
| to change the serene life of the
Massies and Mrs Fortescue, of the
attempt to get a confession from
| Kahahawai which eliminated In
saying 1--WE done it."
II tell you Massie's brain cracked
uuucI Lie SlIdli. ANY man . WOuiu
have under similar conditions. He
wasn't sane when he shot Kaha-
hawai-" barrow said.
as it any wonder his mind was
affected. I've never heard a cruel
she (Thalia) told. Wasn't it
enough to turn any mans mind :.
Wouldn't 1t unsettle your mind to
have your wife go through such
thing?"
With tears streaking down his
face, Darrow summed up:
IT never knew anything of a
feeling against any race. think
the people Of the Pacific Islands
must learn to lure peace. Other
wise the Pacific will run red with
the blood of man. I put this
case above race and nationality.
Ask anyone in the jury box to
forget everything but the human
angle. I would like to think.
gentlemen, that had done a small
part in bringing peace and justice
to these islands"
When he Completed barrow
picked up his papers and walked
slowly and YEARLY to his chair,
Mrs Massie, sitting beside her hus-
band. was weeping. Mrs Fortes-
cue was composed and shook the
hand of the counsel.
Then Kelley concluded the ar
gument for the prosecution.
I'D like to refer first to the
speech of Mr. Darrow, a great law
yer" he said. "Mr barrow ap-
pealed to your sympathy. But
sympathy is not the plea advanced
for his client. That plea was in
sanity.
barrow told you also that 1t
didn't make any difference who
fired the shot that killed Kaha-
hawai-. They could fool you and
us but we forced them. to show
their hand.
at was the selfishness of the
man who insisted upon his wife
going to parties when she didn't
want to go. 1t Massie insisted
upon going to the Alawai inn. Then
they put that poor girl there (Mrs
MassieJ on the altar of his ego.
They put her on the stand here
to make a Roman holiday in this
courtroom.
"You must remember that so far
as the territory was concerned Joe
Kahahawai went to his grave an
innocent man.
Then in summation he said:
"Ahe you going to give Massie a
ticket of leave so he can blithely
kiss Hawaii goodbye? Why
they'll make him an admiral If you
do. They'll put him on the chief
of staff. Admiral Pratt (who made
public the report on affairs in the
islands after the Kahahawai slay-
ing). and Massie think together.
They believe In lynch law.
''I'd like you to remember this.
though. AS long as the American
flag flies above the courthouse and
not an admiral's pennant. you have
a. ..x.A..1sa xl.x rxn4is 80 Van Hexr< 4.