Evening star., 1932-04-15
MASS|E EXPECTED
To ADMIT Staying
DarroW lntimates Insanity
Defense as Lieutenant
Gives Testimony.
CONTINUED From First Page }


her face swollen, her clothes torn and
her lips bleeding.
II thought a truck had run over her.
She said it was too horrible to tell and
could only sob.
She said she wanted to die. Finally
she told me some men had taken her
in a car and carried her into the
bushes and ravished her. then called I
the police and told them my wife had
been assaulted
Mrs. Fortescue was crying. MaSSle
said he took his wife to hospital and
tried in vain to sleep.
Questioned Four Men.
He told how four men had been
brought before Mrs. Massie the next
day for Identification They were Ka-
hahawai, Horace Ida, Henry Chang
and Ben Ahakeulo.
She questioned them all" Massie
said "She seemed to concentrate on
Kahahawai After they left she told
me they were the ones. l asked her II
she was sure and she said Darling, dc
you think I would ever draw another
honest breath unless I were Sure?''
Massie said the attackers rejected
money. He said his wife told him that
KahahaWai beat her more than any
other and that when he assaulted her
she prayed for mercy and he hit her
and broke her jaw
The witness said Mrs. Massie had
awakened him on one occasion there
after with the cry Don't let him get
mel
Massie said he had assured her no
one else was there. but that she had
insisted:
Eyes there is! Kahahawai is herel"
Wife ueard EnotSfape
He said on one of several later occa-
sions when Mrs. Massie had called him
saying she heard footsteps about the
house he heard such sounds himself.
He said he ran out. but saw no one.
Did you ever get advice from a doc
tor about your wife's condition." asked
Darrow.
Il got that at the hospital" Massie ,
said. After Mrs. Massie's mother in
formed us an operation would be neces-
sary to prevent pregnancy. 1t was per-
formed in October"
While Massie was teStifying. Public |
Prosecutor John c. Kelley interrupted |
him and demanded to know whether !
the defense was going to bring the |
MaSsie attack into the lynching case, |
and if so. whether it would plead in
sanity in behalf of one or more defend |
ants. Darrow answered affirmatively !
and Massie's story went on.
The young lieutenant's face often was |
distorted as if in pain as he talked. As
he stepped from the witness chair at |
the end of the session Mrs. Fortescue
went forward quickly and graSped his |
hand. He smiled weakly.
Mrs. Fortescue Sobs.
Mrs. Fortescue and her sister. Mrs
Helen Ripley, sobbed. Jones and Lord
exhibited sober faces Darrow stood
by the jury box, folding and unfolding
his arms and moving his hands in and
out Of his pockets.
Massie's story was interrupted by ad-
journment for the day.
Mrs. Fortescue was not the only weep
ing mother in the court room. AS the
prosecutions last witness. Mrs Anito
cried as she identified articles of cloth i
ing taken from the Fortescue home
and from the car in which Kahahawai's
body was found, as those OF her son.
The defense objected to Mrs. Anito
going on the stand but Circuit Judge
Charles S. Davis decided in favor of the
prosecution. He ruled against the prose-
cution when it objected 10 Darrow's
bringing Massie to the stand to testify
about the assault case
AT Darrow's call renamed DR.. Ed
James OrbiSon, LOS Angeles alienists, |
who arrived here several days ago and |
who appeared at the judiciary building |
In response to defense summons.
The prosecution called Miss Mapuana |
Peters, stenographer, who had taken |
statements from Mrs. Fortescue and |
from Lord shortly after their arrest. In |
two points these defendants contra |
dicted each other, according to the |
transcript.
Statements Denied Later
Miss Peters document showed Mrs |
Fortescue had denied an enlisted man |
of the Navy stayed at her home one |
night before the Staying or had had |
breakfast with her At r1rSt Jones. the |
record showed, had said he had spent !
night there and had preaKfasted with !
the society matron.
Later he denied all the statements
he had made and said the opposite was |
true. He had told queStioners he was
intoxicated the night before the kill |
life 81
Miss Peters said Jones had not ap-
peared very drunk when giving the |
statement
The stenographer said she took an
other statement from Jones the next |
II.
tive OF TahahaWai, had identified Jones |
as the man who showed Kahahawai the
fake summons by which the abduction |
was carried out
In this statement Miss Peters said, |
Jones stated he had been SO drunk the |
day Of the killing that he did not know
what he did. Il say that in preference |
TO anything else" the transcript quoted |
Jones as having said.
Tells of Examination.
ton OF Mrs. Fortescue by Griffith ,
Wight, deputy city and county attor-
ney, on the day Of the Staying. Miss !
Peters read her statement.
Mrs. ForteScue's answers when asked
what time she left home that morning, |
why she parked her car in front Of the
court house and to whom she talked
while there were all answered with Il
don't know, Miss Peters statement
said.
The stenographer said Mrs. Fortescue
denied seeking Kahahawai there, and
when asked with whom she had had
coffee at home replied, L don't know
For the finishing touches Of its evil
oence the prosecution called the mother
OF Kahahawai. His parents are di-
yorced and she gave the name of
Esther Anito.
Torn Shirt Exhibited.
Mrs. Fortescue did not look az the !
Hawaiian witness as the latter walked !
slowly 10 the witness chair
Montgomery Winn Of defense counsel |
arose and offered 10 admit all testi- !
mony from her without actual cues |
1ioI:S ard answers Kelly refused this !
and the defense notec ~ exception
TlHa~- aE.--N 4.
box and pulled out a torn blue shirt. /
Are these your sons clothes?" he |
asked.
The mother began to cry. Yes" she
said.
Mrs. Anito testified she had done