Evening star., 1932-04-08
.DARROW MAY CALL
.AL|EN|STS IN TRIAL
of MRS. FORTESCUE
Two Who Figured in Other
Sensational Cases Arrive
in Honolulu.
COURT RECESS is TAKEN
UNTIL MONDAY MORNING
Revelation of Slayer of Hawaiian
May Never Be Made in Hear
ing of Quartet.
BY the Associated Press


HONOLULU, April Sit is barely
possible the world may never know
who killed Joseph Kahahawai. a reliable
source revealed today following selec-
tlon OF jury to try Mrs. Granville
Fortescue, Eastern society matron, and
three naval men on charges of lynch
ing the young Hawaiian.
This source revealed that not even
Clarence Darrow, gray-haired leader of
the defense, was certain how far he
would go in attacking the second
degree murder case against his clients
However, two alienists, who figured in
sensational murder trials of the South
west United States, were here today to
confer with Darrow. indicating that the
defense is prepared, if necessary, to
have one Of the four accused admit the
shooting and plead emotional insanity
Only if forced to this last resort is the
defense expected to reveal one of the
quartet as the slayer of Kahahawai
Adjourned Until Monday.
Court adjourned until Monday follow
ing the unexpected completion of the
jury yesterday. The jury is preponder-
antly Caucasian, an unusual circum-
stance for this Midpacific meeting place
of East and West.
Nevertheless, it contains representa-
tives of six nationalities or races-five
of American descent, three Chinese. one
Dane. one Portuguese, one German and
Hawaiian.
The jury Is the result of four days
OF maneuvering between Darrow, who
tried to seat as many Anglo-Saxons as
possible, and Prosecutor John c. Kelley,
whose leanings were toward Orientals
ana Hawaiians They examined 90
veniremen.
The ultimate selection was far better
than the defense expected, Darrow
having predicted not more than three
Anglo-Saxons would be seated.
In Other Famous Gases.
He and others of the defense de-,
clined TO comment upon the arrival Of
the two alienists last night on the
liner Malolo. The two are DR.. Ed
ward Huntington williams and DR.
James Orbison, both of Los Angeles.
They figured in the trial several years
ago OF William Edward Hickman, who
was hanged for kidnapping and killing
Marion Parker, a Los Angeles school
girl DIR. Williams also testified in the
recent trial at Phoenix, AriZ., Of Winnie
Ruth Judd, condemned trunk slayer"
Whether they would appear in the
Fortescue trial none would say. but
their appearance here was interpreted
as showing that the defense was pre-
pairing for any emergency.
Even If they are called, Prosecutor
alienists for the Territory on the
theory such testimony would have little
influence on a jury of mixed races.
The evidence against Mrs. Fortescue,
Lieut.. Thomas H. Massie, her son-in-
law, and E. j. Lord and Albert o. Jones,
sailors, is entirely circumstantial since
no witnesses the Territory has sum-
moned saw the shooting of Kahaiawai,
as far as known.
Circumstantial Evidence.
Throughout the questioning of tales
men, the prosecutions awareneSs that
its case was circumstantial was made
fairly obvious by one question Kelley
regularly put to the veniremen. 1t was:
Are you willing to convict on cir
cumstantial evidence alone if you are so
instructed by the court?"
If defense plea for a directed YER
dict fails, it may enter plea of emo
tional insanity by one defendant cover
ing the period after Kahahawai was
enticed to the Fortescue house, where
he was allegedly taken in an effort to
obtain confession that he was impli-
Gated in an assault last September on
Mrs. Thalia MasSie, wife of the lieu
tenant
After court opens at 9 o'clock Monday
morning t2:30 pm, Eastern standard
time), Kelley said he would begin testi-
mony. He expects to take about three
days to complete