The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1932-04-30
RECOMMENDATION
FOR LENIENCY Is
OFFERED BY JURY
Defendants in Honor Murder
Case Are Found Guilty Of
mansIaughter
LIEUTENANT'S WIFE SoBS
Verdict Read in Courtroom
Tense With Silence; Feel
ing Runs High
LIEUTEHAHT's WIFE soBs

Honolulu. April 30.@(R-With
recommendation for lentency, raci-
ally mixed jury has convicted four
Americans Of manslaughter for the
Staying Of an Hawaiian.
The jury reported q verdict late
Friday after more than q hours de-
liberation. The defendants are Lieut..
Thomas H. Massie. U. 8. NJ; Mrs.
Granville Fortescue, society matron,
his mother-in-law: Albert o. Jones
and E. J. Lord, navy enlisted men.
The verdict was read in q court
room tense with silence. First to
break it was q sob from Mrs. Thalia
Massie. wife Of the naval officer. who
allegedly was criminally attacked by
the slain native.
Conviction set all Honolulu astir
With excitement and rumors.
Governor Lawrence M. Judd denied
the National Guard had been sum-
moned but said precautions had been
taken against possible emergencies.
The governor declined to say what his
precautionary action had been.
Police On Their Toes
Chief Of Police A. F. Weber, who
manned the judiciary building with
every available policeman while the
verdicts were being read. said he had
taken no additional precautions other
than to have all officers ION their
toes"
Although the National Guard was
not called out, it was learned from
several Of its officers they were keep
ing In touch with each other by tele-
phone 50 as to be able to 60 into &C.
ton should any emergency arise.
It was no secret that the navy ele-
n1ent Of the population was not only
indignant but angry.
The racial factor continued to re-
main In the background Of the many
of the case. Some Ha.
waiianS and OrientalS were outspoken
In favor Of the verdict, returned by q
jury OF eight Caucasians. three Chi
nese and native.
With varying reactions the quartet
received the findings Of the Jury.
Lieutenant MaSsie, who admitted kill.
ing the native after Kahahawat al
legedly had admitted taking part IN
an attack on Mrs. Massie, stood with
set, white lips as his fate was read BY
the court clerk.
In the jury's findings, the insanity
defense set up In behalf Of Lieuten-
ant Massie was disregarded. This
and the unwritten law had been
pleaded by Clarence Darrow, aged
leader of the defense.
Darrow Disappointed
Darrow, who came out Of retire.
ment to defend the four, said Of the
verdict:
Il am very much disappointed"
Mrs. Fortescue, mother Of Mrs. Mas
sic, heard the reading Of her destiny
without flinching. She turned and
spoke to Jones, who was standing be-
side her. Neither Jones nor Lord
showed any signs of feeling.
The four defendants were CHARGED
with second-degree murder. which
calls for a sentence Of 20 years to life
imprisonment.
Notice Of appeal was given by
George S. Leisure, defense attorney.
The jury's findings left variety Of
possibilities in the way Of sentences.
The maximum penalty for man
slaughter is 10 years. The lightest
sentence possible would be suspend
ed sentence for that length Of time.
which Is within the power Of Judge
Davis. But the court also has au-
thority to fix the punishment any
where between these extremes.
In addition, Governor Judd has the
power to pardon any or all Of them.
Judge Davis fixed next Friday q
the date for pronouncing sentence.
The conviction Of the lynching case
defendants was prefaced by an an
cry outburst Of Mrs. Massie at John
G. Kelley, prosecutor.
Just after the jury had been called
into court by Judge Davis who wanted
to inquire about its progress, Kelley,
Lieutenant and Mrs. Massie and Lord
met as they were leaving the judiciary
building.
(Continued on uase tvo)