The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1932-01-13
REVENGE DEATH
EYE WITNESS IS
NOT AVAILABLE
Four Americans Arrested in
Island Killing viii Have
Civilian Trial.
FIGHT TERROR REIGN
Special Legislative Session
Planned to End Strife
in Hawaii.
BY DAN CAMPBELL
limited Prcss stan ro......s...

a ANao 9hah (bEfthuUuutnt
HONOLULU, Jan. 13.-Four
americans charged with the muir
DER OF a Hawaiian may escape the
death penalty because of lack OF
other than circumstantial evidence,
police admitted today, as a special
session of the legislature to inves-
tigate the so-called reign of ter
TOR" was planned.
The accused Americans will be
tried by a jury OF mixed blood, it
appeared certain, for Secretary
Adams approval Of a civilian trial,
announced Tuesday night, removed
oaus, for speculation on possible
naval court-martial.
If the killing is not proved pre-
l1editated, the death penaltyt can
not be demanded. Police admitted
that the Hawaiian might have been
kidnapped for the purpose of fright
ening him into admitting partici-
patton in an attack on Mrs. Thalia
Massie, wife Of Lieutenant Thomas
H. Massie, one of the defendants.
Lack Witnesses to Crime
Authorities admitted they lacked
eye witnesses to the killing. They
claimed identification of Lieutenant
Massie as one of two men who
rented the automobile in which
Kahahawai was kidnapped. Other
evidence is purely circumstantial.
Chief of Detectives John N. Nc
Intosh announced that the pro-
prietor of service station had
identified Lieutenant Massie as one
of two men who rented the auto
mobile rented by the kidnapers, and
alleged slayers of Kahahawai.
Held with Massie on charges of
first degree murder are his mother
in-law, Mrs. Grace HUBBARD F'ortes-
cue, and two naval enlisted men, E
j. Lord and A. o. Jones.
Mcintosh said D. E. Gilkey, an
enlisted man, was with Lieutenant
Massie when he rented the auto
mobile.
Freed After Trial
Kahahawai was one of five men
at liberty on bail and accused OF
attacking Massie's wife. They had
been released after the jury dis
agreed at their trial.
First officers who investigated the
case claimed they had very dam
aging evidence" against the defend
ants. They said an investigation OF
the Massie home revealed signs of
a struggle and that part of a mans
shirt and a woman's wrap, both
blood stained, we're found
They also claimed that the floor
of the bathroom had been mopped
soon before they arrived, which they
said tended to bear out the con-
tention of the coroner that Kaha-
hawai- was killed in a bath tub to
deaden the sound of the revolver
shot which ended his life.
Mrs. Fortescue was driving the
machine, police said, in which she,
Lieutenant Massie, and Lord we're
arrested after several shots had
been fired at them.
Fits Woman's Description
She also fits the description given
police by Edward Ulii, stepbrother of
the murdered man, of the woman
who pointed out Kahahawai when
he was kidnapped from the steps of
the Federal building.
Ulii said that when he was leav-
ing the Federal building with Ka-
hahawai, an elderly woman and a
man approached them. The woman
said, That's the guy" He said
the man showed Kahahawai docu-
ment bearing large seal and told
him to come along.