Evening star. [volume] (Washington, D.C.) 1854-1972, 1932-01-15

Extreme Penalty in Assault
Cases Will Be Urged on
Hawaii Legislature.
BY the Associated Press.

BY the Associated Press.
HONOLULU. January l5.-1n efforts
to curb assaults upon women in Homo
lulu. Gov. Lawrence NJ. Judd expects to
recommend to the forthcoming special
session of the Hawaiian Legislature that
the crime of rape be made punishable
by death or life Imprisonment.
The Governor so announced in cable
TO Secretary Wilbur of the Interior De-
partment. in which he defended him
self against congressional charges of
partial responsibility for the city's crime
situation.
While Judd prepared for the legis-
iative session Monday, defense attorneys
chafed at the delay in presenting the
grand jury murder charges against Mrs.
Granville Fortescue society leader; her
son-in-law, Lieut.. Thomas Massie, and
two enlisted men.
Defense Hands Tied.
1.-THE defendants are held without
bond and are entitled to be informed
promptly AS to the nature of the charges
against them" said Montgomery Winn
OF the Fortescue- MaSSie staff. the
hands Of the defense are tied.
Deputy Prosecutor Griffith Wight said
the case would not be presented the
grand jury until next week.
He explained the prosecution has not
completed its investigation of the STAY
ing of Joseph Kahahawai for whose
death a week ago the four are accused.
The Hawaiian was one Of five men
charged with assaulting the lieutenants
wife.
The first panel from which jurors
TO try Mrs. Fortescue and her CODE
PENDANTS will be selected was drawn
yesterday. The 26 men included chi
nese. S Hawaiians. japanese, Por-
tuguese and 10 Anglo SaXonS.
Meanwhile defense attorneys pub
1ished a parallel list of prominent per-
sons who have sent messages or sym
pathy to Mrs. Fortescue. They included
Corcoran Thorn. Washington banker
Mrs. Edward Mclean, wife OF the
washington publisher; Joseph Patter-
son, Chicago publisher, and May Will
son Preston, New York illustrator.
Judd Explains CIemency.
Gov. Judd, in his cable to Secretary
Wilbur, asserted that the person VINO
furnished information on which the
House Naval Subcommittee based Its
criticism of himself and other Ha-
waiian officials, had been grossly mis-
informed"
He stated that he had granted eXecu-
tive clemency to Ben Ahakeulo, native
amateur boxer, who pleaded guilty to
assault upon a Chinese girl in 1929 and
now is held as one of the attackers OF
Mrs. Thalia Massie, but said evidence
pointed to extenuating circumstances In
the first case.
Judd said the original case was one IN
which six boys were charged with at
lacking a Chinese girl in 1929 and Ana
keulo had demanded a separate trial.
The Governors report quoted the
trial Judge, A. M. Cristy, as saying the
evidence showed the girl in the case
had been free to leave the scene OF at
tack and had not done so, and that the
five were convicted of a lesser charge OF
assault with intent to raVish.
Judd said the record showed the
fury recommended leniency and that
Judge Cristy had imposed minimum
of four months and maximum OF NJ
teen years, but from the bench recon-
mended paroles at the end Of the min
inum term if the prisoners conduct
were good. Judd said Ahakeulo later