Evening star., 1932-04-28
BY RUSSELL OWEN.

with conscience, pleaded with them as
fellow beings and sought even with
lighter touches to relieve the dreadful
picture he painted Of a family brought
to the brink of destruction by forces
outside their control.
The cause illustrated the mysterious
effects of time and destiny as much as
any case he had ever been in, he said
as, true to his creed, he held Lieut.
entrapped by fate.
MY God, am I dreaming?" Mr.. Dar-
row said once, slowly and almost as If
it were a soliloquy rs it possible I am
in court arguing with IL men as to
whether they should put the husband
and mother of this afflicted woman
(Mrs. Massie) in prison for life?"
Eight months ago, he reminded his
hearers Lieut. MasSie was respected
officer of the United States Navy, and
his wife was admired and respected by
those who knew her. And eight months
ago Mrs Fortescue also was secure and
respected in Washington.
Insanity Plea Defended.
What has befallen these people in
that space of time to bring them to a
criminal court?" Mr.. Darrow said. How
much had they to do with it all? What
has happened is long series OF events
beginning at certain time and ending
we don't know where. The whole fam
lily, their lives. their future and name
are bound up in the criminal act COM
mitted by some one else IN which they
had no part. Can you imagine any
greater calamity which could nave De-
fallen that farnily?"
ittla I,xyi little Mr. barrow drew aldn
the story of the terrible" events lead
ing to the death Of Kahahawai. Insane
asylums are filled with people with less
cause to have been insane than Lieut.:
Massie. he said Skillfully he mentioned
often the agony of mind which the
young naval officer must have under
gone, suggesting the horror of the stu
alton when Mrs Msssie feared mother
hood as the result of the assault.
1T is almost inconceivable that so
much be heaped on one family, almost
unbelievable. he cried, sweeping his
arm through the air and turning his
deep-seated eyes on the jurors, who at
times edged forward in their chairs as
if drawn by the magnetism of the man.
Then there was the strange circum-
stance that the jury lin the Ala Moana
assault case) disagreed in that case,
he said slowly. Il don't know why.
What effect did that have on Lieut.,
Massie's mind? Months have passed
and this case so far has not been re-
tried.
Somebody did it. And then began
der touched Lieut. Massie and his
assaulted wife Stories that she never
had been assaulted. Stories that this
husband broke his wife's jaw. What
effect did that have on Lieut.. Massie's
mind?
Gentlemen, I wonder what fate has
against these people and when 1t will
end taking its toll and let them go in
peace. I wonder"
' Bares Mothers Feelings.
Tenderly, but without undue emotion,
Mr.. Darrow told of Mrs. Fortescue's S
hearing what had happened to her
daughter and CT the relationship and
instinct of mothers for their children
which perpetuates the race and keeps
life on the planet.
She started on that 5,oo0-mile jour-
ney and here she is in this court room, "
he said bitterly. And. turning to the
jury, he went on, thrusting out his head
toward them, IF you want to send her
to the penitentiary, all right, go to it.
IF this wife and mother and these
BOYS go to the penitentiary, it won't be
the first time the penitentiary has been
sanctified by its inmates. 1t won't be
the first time the name Of the jail will
be remembered when every jailer has
been forgotten When people come
here, the first thing they will wish to
see is where the mother and husband
are confined, because OF their love and
devotion. If it should happen. that
building would be the most conspicuous
building on this island, and people will
wonder how it happened and wonder at
the cruelty and injustice of man.
Every instinct that moves human
beings is with us in this case. To fight
against it is to fight against nature and
life itself"
The fact that Kahahawai was taken
from the court house was made much
of by the prosecution, and Mr. Darrow
ridiculed it, saying lawyers didn't take
things so seriously in court as others.
Sorrow and Distress.
MY life has been spent in court
houses" he said. And what have I
seen there? 1 have seen sorrow and
distress. / have seen men led to the
and led to dungeons Is there no JUS
tice in the world outside court houses? ?
When the first man was made or
evolved from lower life, there was in
him the instinct for some form Of
justice.
The campaign of slander against
Mrs. Massie began early and there was
almost nothing that the wit or iniquity
Of man could conceive which WASH t
peddled on the streets of this town
against the woman who was assaulted.
Do you suppose Tommy Lieut.. Massie)
was in his right mind when he went up
town investigating those stories2"
Mr.. Darrow said the jury had the
power to send Lieut. Massie and Mrs.
Fortescue to prison, but if it did, "it
would place such a blot on the fair
name Of this island that all the Pacific
Sea oeuld not wash it away"
The kidnapping" of the baby (about
which Mrs. Massie testihed) and which
was brought in by the prosecution was
referred to scathingly by Mr.. Darrow,
who said bitterly: They can't turn
around in safety. The safest place for
him is in a submarine at the bottom of
the sea. They were arrested and the
next day released"
NAA~AIy VIC COuIlScl iOI LIlC
defense turned to John c. Kelley, the
public prosecutor, and cried:
MY God, what we're you thinking of?
Was 1t paraded into this case to send
Mrs. Fortescue and Lieut.. Massie to
prison? Oh pehaw," waving it aside.
There are scme things even prosecutors
shouldn't do"
Defends Massie's Story.
Lieut. Massie is not small man ex-
cept in size" said Mr.. Darrow, praising
his testimony on the stand as the fairest
and straightest story he had heard in
the courts in his life. There was nc
cowardice, no fear in him" he said
''and his story must be believed"
Placing such man on trial, he said
was an infamous. crime
Mr.. DarroW turned to the two en-
listed men, saying he almost had for
gotten about them. He remembered
Jones, and then turned to Mr. Kelley
whats that other defendants name
Oh, yes Lord. II almost popped out