Evening star., 1932-04-23
Defense Counsel Contends
Client Is Sane at Present
and Quiz Is Worthless.
KELLEY FORESEES FIGHT
ON INSTRUCTIONS TO JURY
Prosecution to Seek Ban on Pos
sible Verdict "by Reason of
Insanity" of Principal.

BY the Associated Press
HONOLULU, April 3-Circumven-
tion of the insanity defense of Lieut..
Thomas H. Massie was attempted to-
day by Prosecutor John C. Kelley
under handicap Clarence Darrow de-
clined to lift.
Darrow, leader of the defense of the
four persons accused of lynching
Joseph Kahahawai, refused to permit
Kelley's alienists to put the young Navy
officer under observation.
Montgomery VIM, Darrow's assist
ant, said:
I'VE don't contend Mr.. Massie is
insane now. so we fail to see why their
examination of him Is necessary"
Kelley said he believed MaSSie never
was insane and he hoped, with testi-
mony of alienists, to convert the jury
to his belief.
Darrow Vetoes Plan.
Marshalling his forces for resumption
of the trial after two days of delay,
the prosecutor said he would ask the
court to instruct the jurors that the
accused quartet could be convicted OF
second-degree murder, as charged, even
though the jury might believe MaSsie
was mentally deranged when he held
the pistol that killed the native.
Kelley had counted upon the alien
lists DR.. Joseph Cation of San Fran
cisco and DR.. Paul Bowers of Los
Angeles. for testimony to offset that OF
defense alienists, who pronounced Mas
sic insane at the moment Kahahawai
allegedly sat before him and admitted
attacking Mrs. Thalia Massie, his wife.
There being no territorial law COM
pelling the defense to subject Massie
to a prosecution examination Kelley re-
quested that privilege of Darrow yes
terday.
Darrow, master of defense strategy,
vetoed the idea.
Four prosecution rebuttal witnesses
remain to be called. They are DR.. Rob-
Cation, Bowers and Miss Mapuana
Peters, Kelley's stenographer, who took
statements from the defendants.
Instructions Problem.
Kelley said he had not decided
whether DR.. Cation would take the
witness stand, but that DR.. Bowers
would testify.
Although Kelleys immediate problem
was the opening of the rebuttal, he
asserted one of the hardest battles of
the spectacular case would be over the
instructions to the racially varied jury.
He said he expected the defense to
ask that the jury might include among
its possible findings a verdict of mot
guilty by reason of insanity" but that
he would fight this contention.
Referring to Massie's testimony that
his mind went blank when he heard
the native confess attacking Mrs. Mas
sic, Kelley said:
Even though he went insane that
instant, that would not mitigate the
fact that he and the other defendants
conspired to bring about what took
place.
Charges Two FeIonies.
The evidence, even as admitted by
the defense, shows the defendants kid
naped Kahahawai and, therefore, are
guilty of felony. 1t also shows that
Massie, at the moment he went in
sane, was threatening Kahahawai with
a pistol-also felony"
| DR.. Cations only comment on his
/ presence here came yesterday, when he
! asserted he had not mentioned the
Massie case in recent address in San
Francisco He said
! i made no statement before the
club on any occasion that the killing
/ OF Wlfe's aSsailant by a man, stand
ing by itself, is an indication of in
| sanity"
The Hawaiian Territorial Medical
! Society announced today it would take
no action on the attempt of Prose-
cutor Kelley to introduce a psychopathic
examination as evidence in the Massie
! trial
Kelley tried Wednesday to introduce
a purported psychopathic examination
| OF Mrs Massie, but when he handed
/ the paper to her she tore it up.