The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1932-04-28

Mrs. Fortescue, Of the attempt to
get confession from Kahahawai
which eliminated in his saying we
done it,"
Brain Cracked Under Strain
Il tell you Massies brain cracked
under the strain. Any mans would
have, under similar conditions. He
wasn't sane when he shot Kahaha-
wal" Darrow said.
rs it any wonder his mind was
affected? I've never heard a cruele-
nor a sadder story than the one
she (Thalia) told. Wasn't it enough
to turn any mans mind? Wouldn't
it unsettle your mind TO have your
wife go through such a thing?"
He dismissed one prosecution
alienist who contended Massie was
sane as man who "sits at his door
like a spider waiting for flies. He
takes the first fly or offer that
comes along. He would just as soon
swear to destroy a mans life as to
save it,
He commended facts showed that
Massie was not in a rage when he
shot Kahahawai or he would have
shot several times instead of once,
that all the facts pointed to mo-
ment of insanity
Tears Stream Down Face
Then with tears streaking down
his face, Darrow summed up:
L never knew anything of feel
ing against any race. 1 think the
people of the Pacific islands must
learn to lure peace. Otherwise, the
Pacific will run red with the blood
of man.
Il put this case above race and
nationality. I ask every one in the
jury box to forget everything but
the human angle. would like to
think, gentlemen, that I had done
small part in bringing peace and
justice to these islands.
I'D be sorry to leave this fairy
land with the thought I had made
any ones task harder. I've looked
at your green mountains, your
coral sands. l love your flowers. I
never knew the meaning of feeling
against any race. I could not have
any such feeling.
only yesterday l was child.
know now my life is about at an
end, but Nature goes on creating"
When he completed, DarTow
picked up his papers and walked
slowly and YEARLY to his chair.
Mrs. Massie, sitting beside her hus-
band, was weeping. Mrs. Fortescue
was composed and shook the hand
of the counsel.
Assails Sympathy Plea
Then Kelley concluded the argu-
ment for the prosecution.
I'D like to refer first to the speech
of Mr.. Darrow, a great lawyer" he
said. Mr. Darrow appealed to your
sympathy. But sympathy is not the
plea advanced for his client. That
plea was insanity.
"Darrow told you also that it
didn't make any difference who fired
the shot that killed KshahaWai.
They could fool you and us, but we
forced them to show t'--ir hand.
1T was the selfshness of the man
who insisted upon his wife going to
parties when she didn't want to go.
Massie insisted upon her going to
tt" Alawai inn. Then they put that
poor eirl there CMrs. Massie) on the
altar OF his ego. They put her on
TIE stand here to make a Roman
holiday in this courtroom.
You must remember that. so far
as the territory was concerned, Joe
went to his grave an
innocent man."
He said Massie called upon Jones
and Lord, who we're taught to kill"
because he feared having fellow Off
Ger with him. He said they let a
n bleed to death, inch by inch"
Admirals Are AssaiIed
Then, in summation, he said:
Are you going to give Massie a
ticket Of leave so he blithely can
kiss Hawaii goodbye? Why, they'll
make him an admiral if you do.
They'll put him on the chief Of staff.
Admiral Pratt who made public
the report on affairs in the islands
after the Kahahawai slaying) and
Massie think together. They believe
IN lynch law.
I'D like you to remember this,
though. AS long as the American
flag flies above the courthouse and
not an admiral's pennant, you have
10 uphold the oath. You have a
most vital task and there is no adj
niral to influence you. And. as
Butler said, To hell with
Admiral Yates Sterling Jr., who
gave out a statement advising navy
men to keep their wives away from
Hawaii after the Massie case. was
spectator as Kelley made his sum-
nation.