SECOND DEGREE

Gisborne Times, Volume LXXIII, Issue 11549, 28 January 1932, Page 5

SECOND DEGREE

MURDER INDICTMENT FOUND,

DEATH PENALTY EXCLUDED-

HONOLULU SENSATION.

(U.P.A. by Elec. Tel. Copyright) (Received Jan. 27, 7.50 p m,) HONOLULU, Jan. 26.

An indictment on a charge of murder in the second degree was voted against Mrs. Forteseue, Lieut. Massie, an dtwo naval enlisted men,; Albert Jones and Edmond Lord,' after the grand jury had deliberated ftir ten hours. The arraignment date has not yet been set. This action removes the possibility of a death sentence, as the maximum penalty for this offence is life/ imprisonment and the minimum twenty years. It also makes it possible for the Navy to assume jurisdiction overall the prisoners except Mrs. Fortescue, according to the “gentleman’s agreement” with the local authorities, providing for the Navy's jurisdiction over navy personnel in cases not involving capital punishment. There will be a conference to-night on this subject. Mrs. Fortesque, being a civilian, must submit to a civilian trial. The defence will move on Wednesday to quash the indictment on tlfe ground that the court coerced the grand jury. When the grand jury reassembled, earlier to-day. Judge Crist-y revealed that that body had to-day presented a report which the judge refused to accept. The judge issued new instructions admonishing the grade jurors to put aside the personal prejudice which had hitherto interfered with their voting. VICTIM MUTILATED. HONOLULU. Jan. 19. Honolulu was staggered xo-day to learn that Miss Fieien Forteseue, younger sister of Mrs. Massje, victim of a criminal outrage by natives, had been given a pt usage to Ban Francisco aboard the United States transport, Republic. Miss Forteseue sailed jester da,-, and is believed to have been in the Ma-sic-s’ house when the dead native, Ivahahawai. one of the alleged perpetrator,, cf the outrage was, so it is said, tortured and died. Tho chief of the detectives, Mr. Mclntosh, said Miss Forteseue was not concerned in the actual torture, and knew nothing ,ox its gruesome details. 5 lie po ice are basing their charge on the torture count, including a dreadful mutilation, from which ti-r victim bled to death. His bullet wound was not fatal.

The legislature opened in special session to-day to devise stricter moral. laws, and will probably make criminal outrages on women punishable by death.