Evening star., 1932-04-27
FORTESCUE Jury
GETS CASE TODAY
DarroW Expected to Plead
UnWritten Law in Defense
of Massie.
BY the Associated Press.

BY the Associated Press
HONOLULU, April 27.-Clarence Dar-
row, astute criminal attorney, today
faced his final attempt to clear four
Americans In a murder trial which
brought the 75-year-old legal veteran
out Of retirement.
He was to present .three-hour clos
ing argument before a racially mixed
jury which is. trying Mrs. Granville
Fortescue, Lieut.. Thomas H. Massie,
her son-in-law, and two Navy enlisted
men, for the lynching Of Joseph Kaha-
hawai-. The Hawaiian allegedly had
confessed participation In a criminal
attack upon Mrs. Thalia Massie. the
naval oficers wife.
Although the prosecution was al
lotted a period following Darow's ad-
dress. attorneys for both sides were
hopeful the case would be in the hands
of the jury before adjournment for the
day An afternoon session Of the court
was planned. The instructions Of Judge
Charles S. Davis remain to be given
after the closing arguments.
"Unwritten Law" Claimed.
Darrow was expected to plead not
only the defense contention that Lieut..
Massie was mornentari1y insane when
he held the pistol that killed Kaha-
hawai-, but also the ''unwritten law.
The insanity plea presumably had a
Jolt coming at the hands Of Judge Davis
in the instructions This was fore
\ vi nf l.
rich, associate prosecutor, in his ad-
dress to the jury yesterday.
Ulrich told the jurors Judge DAVIS
would instruct that the insanity claim
would not be sufficient to clear Massie
if it merely showed Massie to be men
tally deranged the moment the shot was
fred, Ulrich also said the Judge would
rule the insanity defense, in order to
be considered, would have to indicate
the naval officer was mentally deranged
through every step of the tragedy
Kahahawai was slain early in January
Neither Judge Davis nor the detense
challenged Ulrich's statement.
In the defense testimony the cialn
was made MaSsie'S mind went olank
when he stood before KahahaWal VIII
a pistol and heard the native confess
the attack on Mrs. Massie.
Remembered Nothing More.
The Navy officer testified he remem-
bered nothing thereafter until he was
taken to the police station, less than
two hours later.
Among Ulrich's statements to the
jury were:
1.-THE alleged fact the deceased as
saulted the wife of one OF the defend
ants furnishes no defense for any OF
the defendants"
If you accept this insanity plea, then
you publish to the world that Hawaii
is a. safe place to commit murder Il
you have money enough.
! "You cannot make Hawaii sa1e
against rape by licensing murder"
George s. Leisure, Darrow's associate
told the Jury that but for KahahawaPt
death other women might have beer
attacked. He sought to minimize Ul.
rich's statement the political future oi
Hawaii depended upon the verdict.
Unless Judge Davis instructions alter
the situation, the jury may bring in
conviction of second-degree murder, as
charged: nlanslaughter or acquittal
Second -degree murder Is punishable by
20 years to life Imprisonment.
Darrow in Good Spirits.
Darrow appeared In good splTltS yes
terday, shaking hands with Massie
Mrs. .F'ortescue and the other defend
ants, Albert o. Jones and e. j. Lord, a.
the. outset of the court session. Hae
the plans of Judge Davis been carried
out, he would have addressed the jury
Yesterday. Darrow told the court, how
ever. he did not feel equal to speaking
after the morning session. Because o.
Darrow's age, the court sessions have
been limited to three hours daily.
With completion of the final argu'
ment by Prosecutor John C. Kelley, anc
delivery OF Judge Davis instructions
the case will go to jury of five Ameri'
cans, three Chinese a German, a Dane
Portuguese and Hawaiian.