Evening star., 1932-04-30
MRS. MASS|E ONLY
ONE TO ''BREAK"
Mother and Husband Show
No Emotion as Verdict
Is Given.
BY RUSSELL OWEN.
BY Gable to The Star.

nONOLObO, hpTIl oU NN AN A.
When Mrs. Granville Fortescue, her
son-in-law, Lieut.. Thomas H. Massie,
and the two Navy enlisted men, E. j.
Lord and A. o. Jones, we're found guilty
of manslaughter in the killing of J-seph
Kahahawai yesterday afternoon the
verdict came as a distinct surprise and
shock to the defense. Clarence Darrow,
chief defense counsel, announced i'm
mediately after the verdict that an
appeal would be taken to the Supreme
Court and then to the Ninth Circuit
Court if necessary.
The verdict came soon after Judge
Charles S. Davis had called in the
jurors to ask them If they could agree
so socn that fer time the public
prosecutor, John G. Kelley. could not
be found. The first man to appear was
Mr. Darrow, who evidently was nervous
and worried although he smiled. He
had put his whcle heart into the case
and given all his strength.
Next came Mrs ForteScue with Mrs.
Thalia Massie, who, for the first time
in the court. wore a light blue dress
with white hat, her dress on the other
days having been dark and somber.
Some little time before, Lieut.. Massie.
Jones and Lord appeared and Just after
they arrived the jury came in looking
as expreSsionlesS as usual.
Long Wait Painful.
Then there was a wait until Mr..
Kelley arrived, a wait which became one
Of strained silence, for the spectators
didn't chatter as usual So painful was
this period that while the jury tried not
to look at the defendants, those await
ing the verdict anxiously scanned the
faces of the men in the box. Mrs. Massie
put her arm into her husbands and
clung tightly to him.
Finally Mr.. Kelley appeared, Just as
Judge Davis looked out from his cham
bers on the side to see If every one
were ready.
When the judge took the bench he
looked at the jury and said:
Gentlemen, have you arrived upon
a verdict?"
The defendants were standing. and
for moment Mrs. Massie stood beside
her husband as if she, too, were charged
with the crime and meant to take part
in the proceedings, although she prob
ably was just dazed and hardly knew
what she was doing. A bailiff stand
ing by Lieut.. Massie motioned her to
sit down. which she did reluctantly.
The form sheets on which the verdict
was written were taken from John
Stone, foreman Of the jury, by a clerk
and handed to the judge, who read them
through quickly and then gave them to
the clerk to read. The clerks voice was
trembling with nervousness and his
hands shook as he read the first one:
Thomas H. Massie, guilty of man
slaughter, leniency recommended"
Mrs. Massie Sobs.
There were great sobs as Mrs MaSsie
reached cut and clung desperately to
her husband, who leaned over with his
jaw working and patted her on the
shoulder. But when he looked I'D again
at the jury he smiled family and lifted
his shoulders. There was not a culver
in his body
Next the clerk read:
Grace Forte3cue, guilty of man.
slaughter. leniencv re 3cmmende1.
Mrs. Forse9cue half smiled and lifted
her chin dehantly. n~t a Increment of
her eyes or lips poZtraying any emo
ton. She was much more self-con-
tained than she often had been
through the trial.
Albert o. Jones and Edward J. Lord
the two enlisted men, then were found
guilty, with recOmm endations fo- leni-
ency. Jones was red, but Lord half
shrugged his shoulders.
Mrs. EasS.2's sobs became half hvs-
tericGl en1 then she Gained a little as
her hu- bccd leaned over and said:
Dent cry, darling"
1t was the only sound in the court
room and many spectators were visibly
SIcc-ed and weeping with her. Even
Scme of the Jurors seemed affected. The
wives OF sc, cral Navy men broke into
mufled, bit furious exclamations and
the way the Navy felt was made obvi-
Gus few moments later.
Mr.. DarroW seemed quite depressed
Ey the verdict. His whole huge frame
as sunk into itself as he slid down on
a chair, and his chin fell toward his
che-t George Leisure. his associate.
was equally downcast and sat with a
2tern look on his face
The mae OF sentence was discussed
and Judge Davis fixed next Friday al
O'Clock in the morning for the SEN
tence.
Delivered to Navy.
Then came the question of CUSTODY
until that time and nobody seemed
quite to know what were the terms of
agreement between the territory and
the Navy regarding custody. Finally
Barry S. Ulrich, assistant prosecutor.
who had charge of the case in the be-
ginning. said he recalled that the
agreement was for custody by the Navy
until the end of the case Mr.. Kelley.
who became prosecutor after the agree
ment said If there were a Navy officer
precent who would be responsible for
the defendants and produce them in
court he would make no objection.
At this point, Capt Ward Workman,
commander of tre submarine base. rose
and said, hesitatingly, his voice half
audible and shaking:
L was put in charge till released by
the court"
Capt. Workman then turned to Mr..
Kelley and cried, angrily:
I don't sec why Kelley doesn't know
that and why Ulrich doe-n't know that" d"
Mr.. Kelley turned and glared at him
Il don't know it he said, and Capt.
Workman called back:
You know darn little"
Judge Davis looked reprovingly, but
did not say anything. allowing as he HIS
all along for the strained feelings on
both sides Then he excused the Jury
and the jurors left the building gladly.
The defendants followed, Mrs. Massie