Evening star., 1932-04-28
FORTESCUE Jury
STILL DEL|BERATES
FATE Of QUARTET
Effort to Reach Verdict Will
Be Resumed This After
noon.
DEBATE FOR 4 HOURS
AND RETIRE FOR NIGHT
Judge Delivers Instructions Fol-
lowing Impassioned Plea by
Clarence Darrow.


jury considering second-degree muir
der charges against Lieut.. Thomas
H MaSsie, Mrs Granville Fortescue,
E. j. Lord and A. o. Jones resumed
deliberations at $50 am. today
(2:20 pm. Eastern standard time),
with no verdict in sight.
BY the Associated Press.
HONOLULU, April pa jury of II
men of different racial origins, after
four hours of deliberation, had not
reached verdict today in the trial of
Lieut.. Thomas H. Massie and three
others charged with Staying Joseph
Kahahawai for vengeance.
Judge Charles S. Davis ordered the
Jurors to retire for the night at 10 pm.
$3.50 am. Eastern standard time) and
to resume consideration of the evidence
at 9 am. today (2;30 pm. Eastern
standard time). They received the
case late yesterday afternoon.
Massie. an officer of the United
States Navy; his mother-in-law, Mrs.
Granville Fortescue, society matron,
and Albert o. Jones and E. j. Lord, en-
listed men, are charged with Staying a
native who allegedly had confessed par
ticipation in criminal attack on Mrs.
Thalia MaSsie, wife of the officer.
Instructions Complicated.
After three weeks of maneuvering,
challenging, arguing and pleading, the
case went to the jury along with a
somewhat complicated set of instruc-
tionS from Judge Davis.
The court rules the jury could find
the defendants, with the exception of
Massie, guilty Of second degree murder,
guilty of manSlaughter, or not guilty.
For Massie, Judge Davis said, the jury
might make any one of these findings.
plus possible verdict of not guilty by
reason of insanity.
A separate verdict for each of the de-
PENDANTS was ordered. Judge Davis also
ruled that evidence regarding the as
sault upon the accused naval officers
wife could be considered only as it re-
lated to Massie's mental state.
Relating to the defense contention
Massie's mind went blank when he con-
fronted the native with a pistol and
heard him confess, Judge Davis in
structed that if plea of insanity had
been introduced, the burden of proof
was on the prosecution to show the
naval officer sane
The Jurist warned the II men that
no man may take the law into his own
nanos and the alleged fact that the
deceased ravaged the wife of one of the
oe1endantS cannot be considered"
To justify a second degree murder
verdict, Judge Davis ruled, the Jury
would have to conclude the prosecution
had proved the four persons killed Ka-
hahawai and that they had intended to
kill him.
However, the jurist said it would be
unnecessary for the prosecution to have
proved premeditation if it had shown
the defendants entered into an agree
ment, the reasonable consequence of
which was the Staying.
1t was ruled all defendants could be
convicted of second degree murder or
manslaughter if the jury found that
they conspired on January z last, the
day before the abduction and Staying,
to kill, to threaten with a pistol or kid
nap the native, providing it determined
that the killing was the result of such
conspiracy
Judge Davis said if the jury decided
4 Massie killed Kahahawai and was in
sane at the moment, and had not plan
ned the killing, then none of the de-
PENDANTS could be convicted unless the
prosecution had proved a conspiracy to
DO things, the reasonable consequences
OF which would pe KahahaWai's death
The penalty for second degree murder
the charge upon which the four were
brought to trial, is 20 years to life i'm
4 prisonment Manslaughter calls for a
maximum penalty of 10 years in prison.
Darrow Makes Final Plea.
An intense plea in support of the in
sanity defense of Lieut.. Massie and in
behalf of the unwritten law. made by
Clarence Darrow, and a fiery demand
by Public Prosecutor John C. Kelley for
conviction of the quartet, preceded the
instructions.
DarroW, who in his seventy-fifth year
came out of retirement to defend the
& four argued the gruelling events pre-
ceding the abduction and killing were
not the work of the accused and that
therefore they could not be blamed. h
asked the jurors to apply the golden
rule.
Bringing tears to the eyes of hi:
81 listeners Darrow reviewed in detail
how Mrs. Massie was bruised and beat.
en- in the attack; how the ordeal hac
preyed on MaSsie's mind, and how ugly
rumors about Mrs. MaSsieS character
sprang up after a jury had disagreed
as to the guilt Of five men accused
by her.
Darrow attacked the witness stanc