Evening star., 1932-04-26
No Limit Placed on Time to
Be Used by Attorneys
in Addressing Jury.
THIRD WITNESS HOLDS
LIEUT.. MASSIE WAS SANE
Closing Testimony Marked by
Angry Tits Between Alienist
on Stand and Darrow.
BY the Associated Press.

BY the Associated Press.
HONOLULU, April 26.-To a Jury
fashioned out of melting pot" material
from East and West, two groups of at
torneys turned today with opposing
pleas-one for conviction and the other
for the acquittal of the four persons ac-
cused of lynching Joseph Kahahawai.
John C. Kelley, public prosecutor,
seeks to convince the II men that Lieut..
Thomas H. Massie, U. S. N, was ra-
tional when he shot the native, and that
the other three defendants-Mrs.G Gran
vile ForteScue, Albert o. Jones and E.
J. Lord-Hkewise are responsible to the
law.
Mrs. Fortescue, society matron, is
MaSSie'S mother-in-law. Lord and Jones
are Navy enlisted men. Kahahawai al
legedly confessed to participation in a
criminal attack on Mrs. Thalia Massie.
wife Of the lieutenant.
May Be Last Plea,
Clarence DaTow, veteran Chicago
criminal attorney who heads the de-
fense counsel. will follow Kelley with a
double appeal of honor and insanity
an appeal which may be the last great
plea in his long career Darrow came
out Of retirement in the hope of clear
ing the four accused persons charged
with second-degree murder, the penalty
for which is 20 years to life imprison-
ment.
Kelley said his argument would not
take long. Darrow announced he would
speak for several hours. Barry S. Ul-
rich, associate prosecutor, was chosen to
make the closing statement for the ter
rltory. Darrow said he would do all the
pleading for the defense. His three COL
leagues are George S. Leisure, Lieut.. L.
H. C. Johnson and Montgomery Winn.
The keynote of Darrows approach
to the jury was in the defense conten-
tion the killing was legally justified be-
cause of momentary insanity on the
part Of Lieut.. Massie at the time he
faced Kahahawai with drawn pistol
and heard the native allegedly confess
taking part in the attack
Hope to Free All Four.
Behind this, however, was the plea
of the unwritten law-that the naval
officer was justified in Staying the at
tacker of his wife.
Darrow announced he hoped to have
Circuit Judge Charles s. Davis instruct
the jury that if Massie should be ac-
quilted. then the three co-defendants
likewise should be freed.
Winn, arguing that planning and exc
cution both are necessary to commit
murder, pointed out that if Massie was
insane when he fired the shot, it was
not responsible act and that no mur-
der had been committed. On this
theory, Winn said, if no murder were
committed, none of the accused was
guilty of murder.
But the fighting prosecutor contended
that whether Massie was sane or insane.
the part played by Mrs. ForteScue, Jones
and Lord in the case was the same
that of planning, and that they there
fore are guilty. Against this is the
defense contention they never planned
to kill Kahahawai but only to get a
confession from him.
Called Ns,ssie Sane.
Kelley rested his case yesterday with
the testimony of DR.. Joseph Cation,
San Francisco alienist, and a brief re-
turn to the stand by Dr. Robert FauS,
city and county physician. Cation was
Continued on Page 2, Column 81