Evening star., 1932-04-26
.MASS|E CASE NEAR ,
Jury At HONOLULU
Counsel to Begin Arguments
in Murder Case Today.
No Time Limit Fixed.

Continued From First Page.)
the third alienist to express the belief
Massle was mentally competent at the
of the tragedy.
Two defense alienists previously had
teStlf1ed Massie was mentally deranged.
DR.. Cations detail review of Massie's
testimony about the attack moved Mrs
Fortescue to the most violent weeping
she has displayed at any time since 90
ing on trial. MasSie comforted his
mother-in-law as she cried.
Heated clashes, sometimes requiring
the interference Of Judge Davis. marked
the questioning Of DR.. Cation by DarroR.
Iestlfying only from examination of
tne recoro-Darrow had refused to let
the prosecution alienists observe Massie
-Dr. cation spoke to the jury with an
emphasis that irked Darrow.
Reviews Testimony.
The San Francisco alienist. between
many defense objections, reviewed the
story of the attack related on the stand
by Massie. He referred to the plotting
by Massie, Mrs. Fortescue and the
other defendants, Lord and Jones, and
then went into his opinion.
Reminding the court that Massie was
porn IN Kentucky, DR.. Cation, whose
testimony helped to send Mrs. Winnie
Ruth Judd to death row in the Ari-
zona Penitentiary to await execution for
the murder of two women, said the
naval officers behavior in the Fortescue
home the day of the tragedy was not
the irresponsible act Of an insane per-
son, but the deliberate step of the
young Southerner to avenge his wife's
honor
The witness said he found no evi-
dence In the record that Massie was in
sane; that he had no brain disease and
was sane enough to prepare his de-
tense. He said that prior to the attack
on Mrs. MaSsie last september Massie
was an average sane person, and that
the naval officers subsequent nervous
ness and worry constituted perfectly
normal and natural reaction.
"Massie's instincts to anger and to
fight we're brought into play" said the
witness. He took steps to see that his
honor and his wife's honor were re-
stored"
The witness asserted that after the
mistrial Of Kahahawai and four others
accused OF the attack, Massie became
convinced that his theory of the assault
was mot the popular theory"
Objects to Testimony.
II move to strike that out" said
Darrow This California doctor doesn't
know any more about the popular
theory than if he had been In Aus
tralia.''
Judge Davis overruled Darrow and
DR.. Cation said MaSsie's reactions were
those of anger and fight, and those Of
sane, normal man. He turned to the
racially mixed jury and spoke with
emphasis.
Il object" said Darrow testify. why
can't he sit in his chair and talk like
any other man? He doesn't have to en-
phasize his remarks. That isn't honest
testimony"
Has he any right to question my
honestly" DR.. Cation fiared, turning to
Judge Davis.
II didn't say you were not honest"
Darrow retorted.
well, I resent it," said DR.. Cation.
"All right, then, resent it." Darrow
growled
Referring to defense alienists' testi-
mony that Massie had chemical in
evidence of such, and, in fact, that he
never heard of chemical insanity"
IF he doesn't know what chemical
insanity is" Darrow interrupted, "how
does he know whether there is evidence
of it here or not?"
DR.. Cation didn't answer that and
the court ordered their side remarks
disregarded.
Darrow's objection prevented DR..
Cation from saying whether he believed
Massie's story of the killing true or un-
true The veteran defense attorneys
cross-examination. in some instances,
strayed from the immediate question.
Finally he asked:
Denies Interest In Case.
"Are you interested in this case in
having Mr.. Massie convicted?"
mo"
Darrow then asked if DR.. Cation re-
membered testifying in the case of
man named Harlow who killed his wife
in California nine years ago and in
which an insanity plea was introduced.
DR.. Cation said he did not remember.
do you remember who paid you?"
Darrow snarled, showing his teeth.
"Yes."
"Wen, then, don't you know which
side you were on?"
DR.. Cation again resented the ques-
tioning and the court stopped the argu-
ment.
In his brief return to the stand DR..
FauS testified, in his opinion, Kahaha-
wal retained consciousness 3 to 5 min
utes after the shooting in the Fortescue
home and probably was dead in is or
20 minutes
As DR.. Faus stepped from the stand
Public Prosecutor John c. Kelley said:
THE prosecution rests, your honor"
I'VE rest" said Darrow.
Thus did the IL men Of varied racial
descent receive the final evidence DR..
Faus was the last of Al persons who had
passed through the witness box in the
last weeks. Thirty-one Of these were
used by the prosecution and only 10 by
the defense.