Evening Star Newspaper, January 12, 1932, Page 4

© A4 ¥ CABINET DISCUSSES |TERRORISH CHARGE HAWAIl OUTLAWRY Secretary Adams Puts Data i on Island Conditions Be- fore President. (Continued From First Page.) exaggerated Teports on the mainlaid of danger to white women in Hawail. Judd mede the following statement regarding the trial of the five men charged with the assault on Mrs. Mas- ale: “Two defendants defended by Judge Heen, former judge Circuit Court, later city and county attorney and for several years and now member Terri- torial Senate, served as member Gov- efnor’s Crime Commission and record outstanding and unblemished. “Two defended by Willlam Pittman, brother of Senator Key Pittman (Ne- vada), and also with unquestioned record. Remaining man defended by Robert Murakami, appointed by court, as had no funds. See $200 allowed by court. After preparation, the actual trial consumed three weeks. Senator Heen and Mr. Pittman both made writ- ten statements that their fees were com- ratively small and were paid entirely E; relatives of defendants. “Prosecutor states but two police offi- cers made reports to defense attorneys instead of to county attorney’s office; that some others were called as defense witnesses as to facts already reported to prosecutor.” Vinson Gets Facts. The cablegram came while Chair- man Vinson of the House Naval Com- mittee was designating a subcommit- tee to study data submitted to him by Admiral Pratt, who had given him the complete naval file dealing with con- ditions in Honolulu. The Admiral was asked in the com- mittee today if there was any chance that Mrs, Fortescue might be tried be- fore a naval court martial instead of in civil court. ® Admiral Pratt replied that the Navy had no jurisdiction in murder cases in territorial waters of the United States. Delegate Houston then interrupted to say “Admiral, would you be certain to in- clude in these papers all evidence that | isere have been 40 similer rape cases? ye are distressed byond measure by this turbance. We are determinea that there shall be no exaggeration and & @lm judicial approach to the question.” Pratt replied the figure 40 appeared ;0 & report from Admiral Stirling, com- mandant at Hawaii, as well as in news- paper dispatches from Honolulu. Then Houston said “This case is unprecedented so far as we know. There has been only one pther case of attempted rape on a white Woman.” The Department of Justice investiga- tion already is under way in its pre- liminary phases. The United States Bu- reau of Investigation has a representa- tive assigned to Honolulu, but he is in this country at present, He will return to his post shortly. It was believed Assistant Attorney General Nugent Dodds, in charge of criminal matters, might be assigned to conduct the department’s inquiry. Spe- cial agents of the Bureau of Investiga- tion are expected to aid. Mitchell Gets Dispaiches. The desire to avoid making public| “anything that would cast a shadow on the islands” and the wish to give local authorities opportunity to rectify con- ditions had deterred the Navy Depart- ment previously from revealing the true situation at Honolulu, Admiral Pratt said in a statement jssued late yester- day. Admiral Pratt added that Attorney General Mitchell, at his request, had been furnished with a complete file of dispatches and reports on the Honolulu situation. Senators Hale and Bingham and Representative Vinson also have been given “the complete file of dis- patches in the case, and also Rear Ad- miral Stirling’s report of December 23.” Pratt Explains Navy Stand. Admiral Pratt's statement follows: “The department about December 13 took official cognizance of reported dis- orders in Honolulu. On that day we received a dispatch from Rear Admiral Btirling relative to an attack on one of the five defendants at large on bail, following mistrialin the case of assault on a young naval officer’s wife. “Press reports had indicated something amounting to internal turmoil in Hono- lulu, and as a result the department asked Admiral Stirling if he thought conditions warranted cancellation of the fleet'’s visit to Honolulu in Febru- ary. Admiral Stirling's reply indicated that efforts were being made, appar- :Ftly successfully, to control the situa- on. “On December 17 further official re- ports from the islands indicated that a tense feeling was developing. What appeared to be & gang of hoodlums was insulting naval personnel and their families, and a message had been sent ersonnel at the submarine base at arl Harbor further threatening to ‘get’ naval women. The naval authori- ties in the islands strengthened Navy atrols in the vicinity of naval homes. e department then dispatched a mes- sage to Admiral Stirling, directing him to confer with the governor and proper civil authorities to see what measures were to be taken to prevent further attacks or threats on naval personnel, and what protection could be expected. Navy Demands Clean-Up. “We pointed out that unless protec- tion against lawlessness were assured us by civil authorities the civil officials must accept the responsibility we might be forced to take to protect our own personnel against the lawless acts of outsiders. Admiral Stirling held the necessary conference, and radioed the department that civil authorities had announced they were going to take im- | mediate action. We were glad to re- | ceive this word, as it was farthest from | our intention to make public anything | that would cast a shadow on the islands. “On December 21 I radioed Admiral | Btirling that we were fully in sympathy with efforts being made to clean up | conditions in the community, and di- rected him to co-operate in every way I pointed out, however, that in view of the number of assault cases on white women, the apparent light punishment for several such cases, and the mistrial | in the case of the naval officer’s wife, the matter was one that demanded ac- tion rather than promises. I advised Admiral Stirling to point out to the governor that it would be unsafe to send the fleet there unless police and boodlum conditions were thoroughly cleancd up, for we believed that Ameri- can men would not stand for violation of their women under any circum- stances, and had taken the law into their own hands repeatedly in the past in such cases where justice was not | meted out Slaying Cancels Fleet's Visit. “Admiral Stirling informed us on January 4 that another rape on a white woman had been committed, that the Islands were afoused, and that, although a conference had been held by the governor to establish corrective meas- ures, litde had been done. Admiral Stirling advised us that unless sweep- ing changes were inaugurated at once by the civil authorities the fleet should not come to Honolulu He also in- formed us that the islands were dee sirous of entertaining the fleet during its proposed stay. On January 6 I advised Admiral Stirling that until the situation was cleaned up, of which the Ala Moana case was but one incident, IS LAID TO HYSTERIA Inaccurate, Says Prosecutor of Two Score Assaults on Women in Hawaii. By the Associated Press. HONOLULU, January 12.—Talking cognizance of publicivy given assertions of naval officers thal two-score women had been criminally assaulted in Hono- lulu in & year, Grifith Wight, deputy city and county attorney, said their findings were based on “hysterical re- “A thorough investigation of the rec- ords of all sex crimes reported in the Emergency Hospital in Honolulu in 1931,” he said, revealed “seven casss in- volving violence and 63 not involving violence, a total of 70 cases.” Wight said two American women and two American girls were among those suffering crimes of violence and that three Americans were listed in the other cases. Inaccurate, He Says. “The cases cited,” he stated, “are those from which naval authorities and newspapers have gleaned information leading to vastly inaccurate reports of sexual crimes of violence in Honolulu in 1931, “It is & matter of extreme regret that Admiral Pratt (Admiral Willlam V. Pratt, chief of naval operations, Wash- ington, D. C.) made a statement based upon the records of these same hospital examinations, in which the admiral states there have been 40 assaults sim- ilar to the Massie case during the year. “This statement is not only unfair, but utterly untrue and unfounded, based upon hysterical reports of persons utterly unacquainted with the true state of affairs in Honolulu. Regrets Pratt Stand. “It is regretted that Admiral Pratt should have allowed himself to be led into untrue statements by incorrect and untrue statements forwarded to him by the local naval personnel, whose indig- nation over the Massie case led them to make untrue reports. “As to any statements made by Ad- miral Pratt approving the murder of | one of the defendants in the Massie case by naval personnel, little is to be | said. Tt would be difficult to reconcile | such & position with the demand of the Navy that strict legal justice be ap- plied to the defendants in the Massle case. “The city and county attorney's offices feel that the law should apply equally to persons of Hawatian descent and to persons_connected with the Navy.” Wight was in charge of the prosecu- tion in the Massle case against Joseph Kahahawai, who was slain last Friday. SIZE OF STAMP REDUCED Vienna Takes New Step in Interest of Economy. VIENNA.—National economy meas: ures seem to have reached their limit in Austria. The latest measure of the government, it has just been announced, will be to cut the size of postage stamps. By printing even tinier squares of paper than are now used the govern- men; figures it can effect a saving of 120,000 schillings or about $17,000 a year, (Copyright, 1932.) was making every effort to keep the situation from the press, but that sooner or later things might develop to such a point that we would have to change the fleet’s schedule, and when we were asked the reason for our decision we would have to lay out cards on the table. On January 8 we received word from Gov. Judd that the reports of the Honolulu situation were exaggerated and that efforts to clear the situation were meeting with success. On the same date we were advised by Admiral Stirling that Ksahahawal had been killed. This canceled the fleet’s visit to Honolulu automatically and caused the entire matter to be made public; for we knew that with the fleet there and feeling undoubtedly running high it would be unsafe not only for the islands but also for our men to grant liberty at Oahu.” HUSBAND STILL VERY ILL Fortescue Sald to Have Passed Good Night, However. NEW YORK, January 12 (#).—Maj. Granville R. Fortescue, whose wife and son-in-law are held in Honolulu for the murder of an Hawalian accused of at- tacking the major's daughter, was re- ported today to have passed a fairly good night, but was still in a serious condition from pneumonia. He is & patient in the Columbia Presbyterian Medical Center Hospital. Maj. Natives Involved in Hawaiian Tragedy THE EVENING STAR, WASHINGTON, D. C, TUESDAY, JANUARY 12, 1932 Fair Trial Pledged in Massie Case Declaring that the judiciary of Ha- wall has in the past been open to_crit- icism on the that it has shown too much leniency rather than that it has been too harsh in dealing with of- fenders, Victor S. K. Houston, Delegate in Congress from Hawali, today pro- tested charge that it would be impos- sible for Lieut. Thomas H. Massie, his mother-in-law, Mrs. G. R. Fortescue, and two enlisted men from the Navy to secure fair and impartial trial in the islands. The quartet is accused of murder in connection with the death of a native who had been a defendant in a charge of assault brought by the wife of the naval officer. Defense attorneys are making efforts to secure a change of venue which would transfer the scene of the trial to California. The jury which heard the assault case in Honolulu failed to reach an agreement after haying been out more than 97 hours, & fact of which, Mr. Houston contends, critics of the Ha- wallan system of justice are unaware. Testimony Insufficient. According to the court’s instructions to the jury, the testimony of Mrs. Mas- sie, who identified the four defendants, was, under the territorial law, insuf- ficient to warrant a verdict of guilty. Corroborative evidence would have been necessary, he pointed out. Mr. Houston added that 10 of the 11 judges sittin; in the United States courts in Haw: are white men, and all are appointees of the President. The Massle case Was heard by Judge A. E. Steadman. e Judge Steadman’s instructions to jury as revealed by Mr. Hoover, were follows: H5"Gem.|emm of the Jury: The de- fendants in this case stand charged with crime of rape. th'e‘You are '.hpee exclusive judges of the facts in this case and the fle!flhfl- ity of the witnesses, but the law you must take from the court as given you in these instructions to be the law, not- withstanding any opinion you might have as to what the law is or should be. “I instruct you that, while it is the law that the complaining witness must have resisted to the utmost of her abil- ity, such resistance may be overcome by the acts and conduct of the defendants and by the use of such force by the said defendants as to cause the complaining witness to be physically exhausted and elpless. % "‘in determining that ability you should consider all the evidence, both direct and circumstantial, tending to establish this capacity for resistance. And if you are satisfied beyond a rea- sonable ‘doubt that the prosecutrix re- sisted to the utmost of that capacity, that is sufficient. “I instruct you that * ¢ if you are satisfied from all the evidence be- yond a reasonable doubt that the com- plaining witness in this case did so re- sist up to that point, that is all that need be shown in this connection. Indictment Not Evidence. this case of itself is a mere formal ac- cusation or charge against the defend- ants and is not of itself any evidence of juror shall permit himself to be influ- enced in any way against the defend- ants because or on account of the in- dictment in this case. “You are instructed that the burden of proof rests upon the prosecution to make out and prove to you, to your sat- isfaction beyond all reasonable doubt, the crime charged in the indictment, and, unless this has been done, you must find the defendants not guilty. “By their pleas of not guilty the de- fendants deny every material allegation of the indictment, and they cannot be rightfully convicted unless the prosecu- tion, by the evidence, has overcome the presumption of innocence in favor of the defendants. “You are further instructed that, if the testimony in this case in its weight and effect be such as two conclusions can reasonably be drawn from it, one favoring the innocence of the defend- ants and the other tending to prove their guilt, then you should acquit the defendants. “You are instructed that, under the laws of the Territory of Hawaii, a fe- male who is alleged to have been raped is a competent witness in a prosecution therefor; but no person shall be con- victed of such an offense upon the mere testimony of the female, uncorroborated by other evidence or circumstances. “‘Hence in this case you are instructed that you cannot convict the defendants or any of them upon the sole testimony of the complaining witness; her testi- mony as to the alleged offense must be corroborated by evidence other than her own and tending to prove, beyond a reasonable doubt, each material element of the crime. “Thus, you cannot find that the of- fense charged was committed upon the complaining witness by the defendants on her testimony alone; to warrant you in finding that the offense charged was committed by the defendants, the testi- mony of the complaining witness as to such fact must be corroborated and supported by other and independent testimony, believed by you to be true. “The court instructs you that cor- roborative evidence must be evidence which does not rest wholly upon her credibility, but must be such evidence “J instruct you that the indictment In | the guilt of the defendants, and no| JUDGE A. E. STEADMAN. —Underwood Photo. as adds tp, strengthens, confirms and corroborates her testimony. “The court instructs the jury that, if you entertain a reasonable doubt as to whether or not independent evidence corroborates the testimony of the com- plaining witness that the defendants did commit the offense charged, you will find the defendants not guilty. “You are instructed that the burden of proving the presence of the defend- ants or any of them at the time and place of the alleged offense rests upon the Territory, and the prosecution must prove to your satisfaction and beyond a reasonable doubt that the defendants were present at the time of the alleged commission of the offense. The burden is not on the defendants to prove that they were not present. “I further instruct you as a matter of law that, although the testimony of the complaining witness must be corrob- orated before you can find these de- fendants guilty as charged, such corrob- oration need not be direct, but may exist in facts and circumstances ad- duced in evidence which corroborates the truth of the story told by the prosecuting witness and to point out these defendants as the persons respon- sible for the crime charged. “I further instruct you that every person concerned in the commission of any offense, whether he directly com- mits the act constituting the offense or, being present, alds, incites, counte- nances or encourages another threats, or is accessory before the fact to the commission thereof, may be indicted as if he had dirctly committed such offense. All Called Principals. “All who take part in the commission of any offense or, being present, aid, | incite, countenance or emcourage others in the commission thereof, shall be deemed principals therein. | "“And in this connection I instruct you that ‘aid’ means to support by fur- nishing strength or means in co-opera- tion to effect & purpose, to help, to assist; “That ‘incite’ means to move to ac- tion, to stir up, to spur, to urge on; “That ‘countenance’ means to encour- age, favor, approve, aid or abet, to in- dorse tacitly or actively; “That ‘encourage’ means to give help or patronage to, to foster, to incite, to urge. gIf, therefore, you are by the evidence | convinced beyond a reasonable doubt that any one of the defendants, at the time and place and under the circumstances |as shown by the evidence herein, Tav- ished the complaining witness by force and against her will and that the other of said defendants, at said time and place and under said circumstances, took part in the commission of said offense, or, being present, aided, incited, coun- tenanced or encouraged the commission of said act, your verdict will be guilty as to each and every one of said de- fendants. “I instruct you that the defendants, by their pleas of not guilty, have put in issue the commission of the crime charged in the indictment and that they have introduced evidence to estab- lish an alibi, by which is meant that, even if the crime was committed as charged, they were, during all the time of the commission thereof, at a different place, and were not and could not have been the persons who committed it. “Reasonable Doubt.” “If, therefore, after considering this evidence, together with all the other evidence in the case, you have a reason- able doubt as to whether the defendants were at the place where the crime was committed during the time that it was committed, but were in some other lo- cality, it will be your duty to give the defendants the benefit of that doubt and find them not guilty. “Gentlemen of the jury, I instruct you that, in determining the guilt or inno- cence of the defendants of the crime charged in the case, you should not per- mit any prejudice which you may feel against such a crime to influence you against these defendants. You must not SLAIN MAN AND OTHERS ACCUSED OF ATTACKING MRS. MASSIE. CITY' IN IDAHO LOSES “DIVORCE CAPITAL” HOPE Coeur d’Alene Business Interests Disappointed When Nevada Law Shortens Time. COUER D,ALENE, Idaho (#)—This lake-locked city'’s dream of becoming the “divorce capital” of the Northwest has faded. When the Mdaho Legislature passed the 90-day law nearly a year ago, busi- ress men started elaborate preparations tc attract divorce seekers. bered mountains for hiking, & crystal- clear lake for boating and swimming, a varlety of Winter sports and climate in Nevada passed a “six-week law.” Nearly a year after the Idaho law was passed an observer and optimist of a year ago said: “We've had only onc promising prospect. She was from New York and we understood she came here for a divorce. Then one day her huc- band came, found their children in the park and drove away with them. The woman left next da; the entire fleet schedule would be changed, not only for the present but also the future, as no gain in busi- ness to Honolulu could offset the grave dangers existing in Honolulu unless the were drastically remedied. #mua out that the def nt Sweden to Get 0ld Flags. PARIS (N.AN.A)—Swedish flags and standards from 1660, now here, will be restored to Sweden by France, to which country they were exported after an auction sale at Stockholm in 1820. | | Heavily tim- | general were to be capitalized. But Juseph Kahahawai (lower), for whose death Lieut. Thomas H. Massie, U. 8. N.; his mother-in-law, Mrs. Granville Fortescue, and two naval enlisted men are being held. Above: Four of the Hawalian youths accused with Kahshawai of attacki the wife of Lieut. Massie. Left to right: Horace Ida, Henry Benny Ahakuelo and David Takgd. i ng | whose skins will bring $20, were killed DELEGATE 'HOUSTON DENIES PREJUDICE—JUDGE'S INSTRUCTION RECALLED. {reach your conclusions herein solely upon the basis of thé evidence adduced in this trial and upon the law applicable thereto as set forth in these instruc- ticns. “I instruct you that, if you shall find as a fact and beyond a reasonable doubt that the complaining witness promptly after the alleged crime made complaint either to the police or to other persons, that is competent evi- dence for you to consider as affecting the credibility of the testimony of the complainant. “I further instruct you that, in cases of this nature, it is not essential that the complaining witness should be cor- roborated by the testimony of other eyewitnesses as to the particular act constituting the offense. And if the jury believes beyond a reasonable doubt from the testimony of the complaining witness and by other facts and cir- cumstances testified to by other wit- nesses, that the defendants did commit the offense as charged, then you should find the defendants guilty as charged. “You are instructed that you have no right to disregard the testimony of the defendants, merely on the ground that they are defendants and stand charged with the commission of a crime. The law allows a defendant to testify in his own behalf, and you should apply to such testimony the tests given you in these instructions with reference to the credibility of wit- nesses. Rights Explained. “I instruct you that a defendant in any criminal proceeding may give evi- dence on his own behalf, and there- upon be subject to cross-examination in like manner as any other witness, but in case any such person shall neglect or decline to offer himself as a witness no inference shall be drawn prejudicial to such accused by reason of such neglect or refusal, nor shall any argument be permitted tending to injure the defense of such accused per- son on account of such failure to offer himself as a witness. “Certain witnesses have been called by both the prosecution and the de- fense to testify as to prior statements of other witnesses different from the testimony of such witnesses in court. If you find that certain witnesses have made prior statements different from their testimony here in court, you may consider such statements in weighing the testimony given by such witnesses in court, but such statements are not of themselves evidence in the case. That is to say, prior inconsistent state- ments may discredit the testimony of a witness, but they do not prove or dis- prove the truth of such statements themselves. “The court further instructs you gen- tlemen of the jury, that you are the ex- clusive judges of the credibility of the witnesses, of the weight of the evi- dence, and of the facts in this case. It is your excluscive right to determine from the appearance of the witnesses on the witness stand, their manner of tes- tifying, their apparent candor or frank- ness, or lack thereof, which witness or witnesses are more worthy of credit, and to give weight accordingly. Demeanor Counts. “In determining the weight to be given the testimony of the witnesses, you are authorized to consider their relationship to the parties if any; their interest, if any, in the result of this case; their temper, feeling or bias, if any has been shown; their demeanor on the witness stand, their means and op- portunity of information, and the prob- ability or improbability of the story told by them. “If you find and believe from the evi- dence that any witness in this case has knowingly and fully sworn falsely to any material fact in this trial or that any witness has knowingly and wilfully exaggerated or suppressed any material fact or circumstance in this trial for the purpose of deceiving, misleading or imposing upon you, then you have a right to reject the entire testimony of such witness, except in so far as the same is corroborated by other credit- able evidence or believed by you to be true. “I further instruct you that the burden of proof is upon the Territory; and the law, independent of the evi- dence, presumes the defendant to be innocent, and this presumption contin- ues and attends him at every stage of the case until it has been overcome by evidence which proves him guilty to your satisfaction and beyond a reason- able doubt. And in this connection, I instruct you that the doubt which will entitle the defendant to an acquittal must be a reasonable doubt, not a con- jured up doubt, such a doubt as you might conjure up to acquit a friend, but (’1 doubt that you could give a reason or. Cites Real Question. “A reasonable doubt is not a possible doubt, not a conjectural doubt, not an imaginary doubt, not a doubt of the ab- solute certainty of the guilt of the ac- cused, because everything relating to human affairs and depending upon moral evidence is open to conjectural or imaginary doubt, and because abso- lute certainty is not required by law. “The real question iIs whether after hearing the evidence and from the evi- dence, you have or have not an abiding belief, amounting to a moral certainty, that the defendant is guilty; and if you have such belief so formed, it is your duty to convict, and if you have not such belief so formed, it is your duty to acquit. You should take all the tes- timony and all the circumstances into account and act as you have such abid- ing belief the fact is. “I further instruct you that you may WoopwaRrD PUBLISHER ENTERS RACI; FOR ILLINOIS GOVERNOR 0. N. Custer Seeks Republican Nomination After Emmerson Says He Won't Run. By the Assoclated Press. | SPRINGFIELD, Ill, January 12.— Omer N. Custer, publisher of the Gales- }burg, T, Register Mail, today an- | nounced his candidacy for Republican nomination for Governor. His announcement followed by one day the statement of the incumbent, Louis L. Emmerson, that he would not make the race again this year. Others Who have announced their candidacy include former Gov. Len Small, whom Emmerson defeated in the primary four years ago; Attorney General Oscar E. Carlstrom and Willlam H. Malone, former chairman of the 4 Commission. Hatenaar _— Three Wolves Bring $120. CLINTONVILLE, Wis. (N.ANA.).— Three large wolves, on which the State must pay a hounty of $20 each and in one day’s hunting near here by Joe Petcka, Hu e, g0 Bchauder and Charles PUBLIC DUE TO GET|SAILORS G0 ASHORE REPORT ON MOONEY Cutting Plans to Have Infor- mation Given Wickersham Commission Printed. Benator Cutting of New Mexico is contemplating a move to have printed for public information the expert’s re- port to the Wickersham Commission on the Mooney-Billings gase. Authorization to make the report a public document might be asked in the Senate, he indicated, as the next move following its receipt last week after be- éngt!ommlly requested from the Presi- lent. Prepared by three experts for the Wickersham Commission, but never ac- cepted by that body, the report con- tained a series of conclusions charg- ing ‘“gross violations” of California law by police and prosecution in the case of Warren K. Billings and Thomas J. Mooney, convicted of the 1916 Pre- p;redneu day bombing in San Fran- cisco. It also included a letter from the judge who presided at the Mooney trial, saying he had “become convinced that the conviction of Mooney is a gross miscarriage of justice.” The recom- mendation was addressed by Judge Francis A. Griffin of San Francisco to William 8. Kenyon of the Wickersham Commission last March 28. Placed In Record. This letter was placed in the Con- gressional Record today by Senator Costigan, Democrat, Colorado, who, with Cutting, a Republican, and Sen- ator Walsh, Democrat, Montana, spon- sored the resolution under which the péevf'xausly unpublished report was call- ed_for. Later, Cutting said this letter “would stem in itself to be decisive as to what action should now be taken.” He sald he believed, in the light of the letter, g:e California Governor should pardon em. He expressed the view that for the Senate to pass a resolution favoring release of Mooney and Billings would be unwise. He said he believed such action might be resented by the State and react against the possibility of early release. Chairman Norris, Nebraska, of the Judiciary Committee, to which the doc- ument was referred, said he was at a loss to know what to do with it. “There is not a horn of the dilemma which we can take hold of,” he said, explaining that in his opinion the com- mittee had no power either to seek release of the two men or to pass laws designed to present similar cases in the rutm;:, since they were tried in State courts, Early Consideration Expected. Norris expects to have the committee consider the report at an early meeting. ‘The loan copy sent to the Senate by Attorney General Mitchell has been much in demand. Senator Norris ex- pressed the view there would be con- siderable opposition to any attempt to have it printed as a public document on the ground of lack of jurisdiction and the expense involved. Among the statements of the three experts—Zechariah Chaffe, jr.; Walter H. Pollak and Carl S. Stern—is the conclusion that the conduct of the prosecution toward the defendant was “plainly unfair.” “Whether the unnecessary depriva- tion of their liberty was the result of malice or whether it was due to an irrational conviction of their guilt which even the verdicts of two juries could not overcome,” the report said, “it was a deprivation that hasno proper | place in the humane administration of the criminal law.” False Testimony Charged. A letter from Judge Griffin said it is “now conceded by all that three of the four witnesses who testified to Mooney’s participation in the crime testified falsely.” An analysis of the testimony of the fourth, the judge said in his letter, “clearly demonstrates its falsity.” “Not only did these four witnesses perjure themselves,” the letter said, “but the disclosures since Mooney’s trial point almost conclusively to the fact that they were produced as witnesses with knowledge that their testimony was false.” Girl Saves Father by Pulling Hair. WINNIPEG, Manitoba (#).—Val Cloutier perhaps owes his life to the fact that he is not bald-headed. His 4-year-old daughter, Lorraine, unable to awaken him by pummeling with her tiny fists when fire broke out, finally got him up by pulling his hair, following verdicts as the facts and circumstances in evidence under the law as given you In these instructions may warrant: “1, Guilty as charged. “3. Not guilty. “3. A separate verdict as to each de- fendant.” The jury deliberated for more than 90 hours, and the understanding was, sald Mr. Houston, that it was about evenly divided as to the guilt or in- nocence of the accused. bring in, under the charge against the ||| defendants in this case, any one of the || & LoTHROP LO™ 11" F axp G Stnests Now—Instead of Collecting Portraits end Autographs—It Is Smart to Collect IMAGETTES Copies of original sketches, by Perl- mann, national bearing the of men of and inter- prominence, reprints of subjects’ auto- 1ational graphs. Perlmann has caught the featuxes of these famous fig- ures with simple and bold line treatment. See the orig- inal drawings and the Imagetse copies on display. In- cluded in our exclusive showing and selling are Imagettes of: ‘Andrew W. Mellon William E. Borah Charles Curtis Mahatma M. K. Gandhi Dino Grandi GIFTS, MAIN AISLE, FIRST FLOOK GIFT SHOP, SEVENTH FLOOR John N. Garner Robt. M. La Follette, Jo. Pierre Laval Alfred E. Smith Jamex J. Walker WITH HAWAI CALM Citizens’ Organization Op- poses Probe by U. S.—Mrs. Fostescue Near Collapse. By the Assoclated Press. HONOLULU, January 12.— Soldiers and sallors, warned against vlolence,i re-entered Honolulu today for the first | time since the killing of a native | charged with attacking a naval offi- cer's wife precipitated a reign of fear. Freedom again to visit the city was granted’enlisted service men {ollowtngI a conference between Gov. Lawrence M. Judd and Rear Admiral Yates Stir- ling, at which they decided the crisis of a hysterical situation has passed. The men all are warned, when given leave or liberty, to “exercise restraint” and “conduct themselves properly.” The naval personnel aboard the transport Chaumont also was granted shore leave last night. It previously had been denied. The vessel is en route &o Manila, sailing from here Wednes- ay. Steps preliminary to the prosecution of Lieut. Thomas H. Massie, U. 8. N.; Mrs. Granville Fortescue, society ma- tron and mother of Mrs. Massie, whom Joseph Kahahawai, the native killed, was charged with assaulting, and two enlisted Navy men, were completed by city authorities. A grand jury was drawn to meet Friday and the panel of a trial jury will be drawn Thursday. Guard Still Maintained. Despite the insistence of city offictals that no cause for undue alarm re- mained, heavy guards of naval and mil- itary police patrolled the city. Civic police units were reduced by Maj. Gor- don Ross, in charge of terrtorial police. He cut his staff from 250 to 100 men and announced it would be further re- duced. Eight hundred citizens formed the “Honolulu Citizens’ Organization for Good Government” at a mass meeting last night. The meeting voted down a motion calling for approval of the pro) United States Senate investigation of conditions in Hawaii. Maj. J. R. Mehaffey, prominent mem- ber of the American Legion, led the opposition to the motion, declaring: “We would be simply asking outsid- ers to come in, when we are perfect- ly capable of carrying on our own works.” The voting on the motion was di- vided. A motion requesting that a special session of the Territorial Legislature be called was approved. The new organization directed its Executive Committee to present to the territorial government a concensus of views turned in on cards distributed at the meeting as an objective toward Whicl" the Legislature might work. Military Rule Urged. J. P. G. Stokes, a prominent citi- zen, told the meeting he believed Hawail should be governed by a mili- tary commission for a certain period with such a rigid government that peo- ple would learn to obey the law. He said that after 10 years of such rule the government might be ready for re- turn to the electorate. Bryant Cooper, business leader, pge;;ded for protection for women and girls. “We, as American citizens, must not stand for violence to womanhood in our fair land,” he said. “If the Gov- ernment can’t restore righteousness and clean government, we must do it by other means.” The meeting adopted a constitution declaring the new organization’s inten- tion of promoting a united community for good government, of working force- fully in governmental and civic affairs, and of enlisting active support of or- ganizations and individuals for im- provements upon which all agree. The organization will be non-political and non-sectarian. Mrs. Harry Kluegel, chairman, plead- ed for less politics. Hoover to Be Notifled. “There has been a lot of huddling and hushing in Honolulu because of politics,” she declared. “Last night I was a victim of political hushing from sundown to midnight. Political hushing is trespassing upon the speech and peaceful assembly of American citi- Zzens.” Mrs. Kluegel said she woul notify | President Hoover of the action the meeting had taken. From her temporary prison aboard a shlr Mrs. Fortescue, on the verge apse, sent this message to her “Please don’t worry. Tommie (Lieut. Massie) is looking after us and all will be well. | “Every one Is doing everything they can for us. We have the best lawyers, If only I could come to you! Don' worry. You have all my love. Grace A special territorial legislative com™ mittee meeting, to determine if an extra session of the lawmakers should be called to treat the situation, requested coples of all documents passing between naval officers in the Hawaiian Islands and naval authorities in Washington. Gov. Judd Is Silent. The request was preceded by word the United States Senate had directed the Attorney General at Washington to investigate the trouble here and the character and efficlency of all terri- torial officials, from Gov. Judd down. Gov. Judd refused to comment on the Senate’s action, but other civilian offi- cials denied conditions were as bad as pictured in Navy reports to Washington and said the investigation was un- Justfied. ‘The documents requested were made public in Washington yesterday by Ad- miral Pratt. One concerned the at- tack on Mrs. Massie and others con- tained information uypon which naval officers based their assertion 40 women in Honolulu had been attacked in the past year. Albert O. Jones, enlisted man, was given in custody of naval authorities at Pearl Harbor base, to be held with Lieut. Massie, Mrs. Forescue and E. J. Lord for civil trial for the murder of Kahahawali. The grand jury, from which their indictment for his slaying will be sought, comprises 1 Hawailan, 3 pa Hawallans, 1 Chinese and 18 Cau- casians. City and County Attorney Gillilang sald the case would be presented toa jury as soon as possible after organiza- tion Friday. Races Mixed on Jury. ‘The jury that will hear the trial of the four probably will be made up alsc of a mixture of races. Two detectives, A. H. Stagbar ana Val Cederloff, made public what they saild they overheard Mrs. Massie say over the telephone. It was: “Yes, they got the one who broke my jaw.” Kahahawal was accused by her of brutally beating her, as well as as~ saulting her. Horace Ida, another of the men ac- cused by Mrs. Massie of the attack and who was whipped by a mob recently, denied, through his attorney from his safe haven in the jail, where he and three others are held “for protection,” that he had confessed to the mob his part in the assault on Mrs. Massie and named Kahahawal as his companion. The Associated Press correspondent made an automobile tour lasting an hour through that section of the city in which, military police declare vice, rowdyism, and dance halls are most common. Although both the Army and Navy granted liberty to all who wished to come to Honolulu, only one soldier and two Navy men in uniforms were seen. This, however, did not include those who may have been in civilian clothes, nor did it include men from the United States naval transport Chaumont, which docked in Pearl Harbor, en route to Guam and Minila. 20 Mess Boys at Dance. In one dance hall, called the “Lib- erty,” 20 mess boys from the Chaumont —they were so identified by a military policeman accompanying the corre- spondent—were dancing with Filipino and other brown-skinned girls. It was at this dance hall that the two sailors in uniform were seen, not dancing, but merely looking at the many girls await- ing partners. 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