HONOLULU SENSATION

Evening Star, Issue 21012, 28 January 1932, Page 8

HONOLULU SENSATION

THE COURT PROCEEDINGS Press Association—Bj^Telegraph—Copyright HONOLULU, January 26, A charge of murder in the second degree will bo preferred against the accused in the lynching case. The grand jury deliberated for tea hours. This action removes the possibility of the death sentence, as. the maximum penalty for this offence is life imprisonment and the minimum twc ty years. It also makes it possible .'or the navy to assume jurisdiction over all the accused; except Mrs Forescue, according to a “ gentlemen’s agreement with the local authorities providing for navy jurisdiction over navy personnel in cases which do not involve capital ' punishment. There will be. a conference to-night on this subject. Mrs Fortescue, being a civilian, , must submit to a civilian trial. The defence will move on Wednesday to quash the indictment on the ground # that the court coerced the grand jury* HEARING SET FOR FRIDAY. HONOLULU, January 27. (Received January 28, at 12.25 p.m.)} The hearing has been set for Friday afternoon on the defence motion to dismiss the indjctment. of Fortescue and the other defendants. The ‘defendants are remaining in Pearl Harbour under a naval guard. _ The defence would not ask for bail becatiso “ of the tense situation,” but asked for. freedom within the navy yard without bond, • which the prosecution opposed. It is understood that the Governor and prosecutor for the navy conferred on jurisdiction, but would not divulge the result, saying that the conference had not been completed. It_ is likely that they are awaiting possbile action by Washington, '