Evening star., 1932-04-29
FORTESCUE JURORS
SEEM DEADLOCKED
UPON RACIAL LINES
Seven Anglo -Saxons Leave
Room to Deliberate Among
Themselves.
MAJORITY BELIEVED
TO FAVOR ACQUITTAL
Prosecution Turns Down Offer Of
Defense to Accept Split
Verdict.
Rv the Associated Press.

BY the Associated Press
HONOLULU, April 29.-Apparently
deadlocked while defense and proSecu-
ton engaged in side maneuver, the II
men striving for a verdict in the case
of four persons accused of the lynching
of Joseph Kahahawai carried on today
after having given watchers a few tan
talizing glimpses of their jury room
drama.
The first brief tableau came late yes
terday after the case had been in the
Jurors hands nearly "a hours. The
seven jurors of Anglo-Saxon blood left
the deliberation room to stand on
balcony while light rain was falling.
The other five, three Chinese, Portu-
guese and an Hawaiian, remained
inside.
For few moments the seven con-
versed, but they could not be overheard
by the watchers. Except for the racial
aspect of the act observers found
nothing significant in it.
Jurors Appear Listless.
Thereafter the jurors could be seen
from a distance going to and fro in the
room and moving to and from the bal
cony, but they exhibited no signs OF
heated debate and generally leaned list
lessly against the balcony rail.
Late in the day Montgomery Winn OF
defense counsel expressed the belief the
Jurors were standing either IL to l or
10 to 2 for the defense, and suggested
to Public Prosecutor John G. Kelley
that he agree to verdict on that basis.
Kelley fatty rejected it. !.
Subsequently, it was understood
Winn's statement regarding the bal
loting was not based on definite infor-
nation, but on his belief a majority OF
the Jurors favored the defendants.
Kelley said he had learned the re-
suit of the first ballot, but he declined
to share his information with news
paper men.
The Jury Is balloting separately on
each defendant, Lieut.. Thomas H. Mas
sic, U. S. NJ his mother-in-law, Mrs.
Granville Fortescue; Albert O. tJonsSl
and z. J. Lord, Navy enlisted men
Shot Admitted by NIassie.
Massie admitted firing the fatal shot
after Kahahawai aSsertedly confessed
participating in the attack last Septem-
ber IL on the naval officers wife, Mrs.
Thalia Massie. The defense pleaded
insanity in behalf of Massie and
touched on the unwritten law.
Her courage not a whit diminished
as the hours Of suspense dragged by,
Mrs Fortescue was still cheerful. At
hotel where she and the other defend
ants were waiting with her sister, Mrs.
Helen Ripley, and her brother, Robert
Bell, for a possible verdict, the accused
H. = Aa1n
this correspondent.
Mrs. Fortescue expressed regret when
asked for an interview saying Clarence
Darrow, chief of defense counsel, had
forbidden 1t. In a steady voice she
asked about reports from the jury room
and was told of rumors that the jurors
were standing II to l for acquittal.
"It seems that I heard that some
time ago." she said, laughing cheerfully.
Defendants Take Ride.
Whether far from or near to an
agreement, the faces of the jurors thus
far have given no sign. Their faces
seemed to carry expressions of boredom
as they fled down the winding stairs
from the second floor Of the judiciary
building, where the jury room is 10
Gated.
Awaiting the outcome of their long
trial, the four accused have been COM
ing to town daily by automobile from
Pearl Harbor, 60 miles distant.
Yesterday the defendants went auto
mobile riding. For the last two nights
they have remained in the hotel until
the jury was locked up and then re-
turned to the naval base
At 10 o'clock last night, when they
retired, the jurors had been out 20 hours
and 40 minutes. They have asked no
advice from Circuit Judge Charles S.
Davis. Deliberations were to resume at
8 am. (2:30 pm. z. S. To.
SEWER DECISION HAILED.