Evening star., 1932-01-27
|ND|CT 4 IN HAWAII
IN SECOND DEGREE
Grand Jurors Eliminate Pos
SibIe Death Penalty in
FOrtescue Case.
BY the Associated Press.

BY tne RSSOCldleQ FTeSS.
HONOLULU, January 27.-SeCond-
degree murder indictments have been
returned by the grand jury against
Mrs. Granville Fortescue and three
naval men, charging them with Staying
Joseph Kahahawai, suspected assaulter
of Mrs. Fortescues daughter
The indictments were returned only
after Circuit Judge A. M. Cristy once
refused to accept the jury's proffered
report and raised the question Of
anarchy.
The defense Immediately seized upon
the grand jury's apparent unWillingneSS
to return indictments and Attorney
Montgomery Winn prepared to ask the
court today to quash them. His plea
is based on the contention that coercion
was used to make the jury return the
formal indictments.
Bail also was to be fixed today for
the defendants, who include Lieut.,
Thomas H MasSie, Mrs. ForteSCue'S
son-in-laW, and E. J. Lord and Albert
o. Jones, enlisted men. They Rave
been held at Pearl Harbor naval base
without bail since their arrest nearly
three weeks ago.
Look for Vindication.
Both Lieut.. Massie and Mrs. Fortescue
expressed gratitude at the returning of
the indictment and indicated they eX-
peCted ultimate vindication. Their feel
ings were expressed in cables, the
lieutenant cabling to his mother in
Winchester, KY, and Mrs. ForteScue to
her husband in New York
Transcript Of jury proceedings, which
considered the case for two days last
week and again yesterday, before it re-
turned a true bill" indicated that
body attempted to make a report last
Friday and that the judge refused it.
Last Friday, the transcript revealed,
he pleaded with them to lay aside race
prejudice" to consider crimes as de-
fined by statues, not as defined by in
dividuals.
1T a crime has been committed" the
juriSt told the inquisitorial body, the
identity Of the criminal known, and
that it is criminal to the sense of the
technical provision of the law, and the
grand jury for reasons refuses to
present an indictment therefore, l pre-
sent to you the question OF anarchy IN
the community.
sibility for that situation?"
When the grand jury resumed ses-
Sions yesterday the court issued new in
structionS and told jurymen If they
could not rise above personal con-
siderations" they should resign from
the grand jury. However, no return
was made until late in the day.
Judge Crlsty repeatedly told the
i,lrorS that whether the accused four
should be punished for killing the Ha-
waiian was a question for the trial jury
to decide, not for the grand jury. The
penalty for second degree murder is 20
years to life imprisonment.
Griffith Wight, assistant city and
county attorney had asked the jury to
return indictments for first degree muir
der and for kidnapping. No abduction
charge was made by the jury.
Natives Protest Naval Rule.
Opposition to suggestions OF naval
rule flared at a meeting in the Kalihi
sections, native residential district, un-
der the auspices of the Honolulu Citi-
zens' organization for good government.
The missionaries came here and took
our lands and wealth" asserted Mrs.
Charles Wilson, prominent Hawaiian
woman. Now Washington is planning
to take away the political jobs from
HaWaiians and make slaves Of the
Hawaiians"
Mrs. Wilson had other criticisms of
the "Haoles" or Anglo -SaXons.
Raole movies have ruined our coun-
try" she declared.
Mrs. Harry Kluegel, chairman of the
citizens organization and chairman OF
the meeting. which was attended by
about 100 HaWaiians, Portuguese and
Orientals, told her hearers the National
Congress would not take local rule of
the territory out Of the hands of the
electorate.