Evening star., 1932-05-02
MRS. MAssIE TO TESTIFY.
Definite Promise Made a. Plans to Re-
try Ala Moana Case Proceed.

try Ala Moana Case Proceed.
HONOLULU, May 2 LF.-with .
definite promise Mrs. Thalia Massie will
testify against the remaining four men
accused OF aksaultins her, prosecution
ofncials today were to lay final plans
for retrial of the case.
Representatives Of the attorney gen
eral and the public prosecutor were ex-
pected to determine date for trial
probably within two weeks. They also
were to decide whether Prosecutor John
c. Kelley. who obtained manslaughter
conviction last Friday of Mrs. Massie' S
husband, mother and two sailors for
lynching the young woman's fifth al
legged attacker, will handle the Terri
tory's case.
The four accused of assaulting Mrs.
MaSSie last September are Horace Ida,
japanese; Henry Chang, Chinese; David
Takai, japanese, and Ben Ahakeulo,
Hawaiian. The first trial, last Novem-
Der. ended with the jury deadlocked.
Also a defendant at the trial was
Joseph Kahahawai, Hawaiian, for
whose Staying Lieut.. Thomas H. Mas
sic. Mrs. Massie's husband; Mrs. Gran
vile Fortescue, her mother, and E. j.
Lord and Albert o. Jones were con-
victed OF manslaughter.
Speculate on Kelley.
Whether Kelley would conduct the
prosecution has been a subject Of specu-
lation. 1t is widely felt his vigorous
prosecution of Lieut.. Massie and his CO.
defendants would make it embarrassing
for him to do so.
Two incidents at the murder trial are
regarded as being against his leading
the prosecution. One was his tilt with
Mrs. Massie when she was under cross
examination as a defense witness. Mrs
MasSie tore up paper allegedly con-
tanning a written admission Of rift
between her and her husband.
Thank you, Mrs. Massie," Kelley said
in anger. AT last you have shown
yourself in your true colors."
Later, while the jury was celebrating,
Mrs. Massie refused to accept friendy
gesture made by him. Yet, if Kelley
conducted the prosecution at the attack
trial, Mrs. Massie would be his chief
witness. Kelley has declined to COM
ment.
Mrs. Massie to Testify.
The question of whether Mrs. Massie
would testify at the retrial was settled
yesterday when Robert Bell of New
York, her uncle. announced she would
There had been reports that, because of
Kelley's attitude, Mrs. Massie would not
testify again. Deputy Attorney General
Harold Kay said new evidence had been
found, and the territory would have an
infinitely stronger" case than when the
first trial was held He predicted the
retrial would start within two weeks.
The disorders which both naval and
civilian authorities thought might fol-
low Fridays nnanslaughter verdict have
not occurred. There have been no dis
tJrbances, but commercial reprisals
have started. The service people have
begun buying exclusively from the
Army and Navy commissaries, while a
group of white women have declared a
boycott on the firms employing MEM
bers Of the jury.
Meanwhile, the four convicted de-
PENDANTS Of the murder trial were de-
scribed by Bell as bearing up under 1t
wonderfully WE'LL
We all were tremendously surprised, u
he said. I'VE didn't see how there
could be conviction"
Clarence Darrow, veteran leader OF
defense counsel, has regained some OF
his spirit
The next defense move in the man
slaughter case, said Montgomery Winn
assistant defense counsel, will come
Friday, when a motion for a new trial
viii be filed after sentence is passed.