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Show CHARGES FACING - FOUR III MASSIE CASE DISMISSED Court Takes Action a Pross-X Pross-X cutor Declares Evl-Z Evl-Z done Lacking By DAN CAMPBELL Called Press Staff Cerrespeadeat) HONOLULU. Feb. 14 Hawaii officially offi-cially wrote "finis"' to the Maasle assault as-sault case today, closing the most sen-aetional sen-aetional criminal case In the history America's Insular "melting pot." Little excitement was preciptated when Circuit Judge Charles S. Davis, acting upon motion by Prosecutor John W. Kelley. lata yesterday dismissed dis-missed Indictments charging four brown-skinned natives with criminally criminal-ly assaulting Mrs. Thalia Fnrtescue Maui, socially prominent wife of a young naval lieutenant. 4t had been predicted two weeks ago that charges sgainst the four defendants de-fendants would be nolle proaaed shortly after the U. S. battle fleet departed de-parted from Hawaiian waters, where U held its annual war games. Prosecutor Kelley Informed the court that the state had no evidence Mrs. Msasi had been attacked. Her manner of Identifying Horace Ida. Ben Ahakuelo, Henry Chang. David Takai and Joseph Kshahawal would not stand up in court, he said. A Jury at the first trial of the defendants defend-ants disagreed. KIDNAPED AND SLAIN Kshshswsl was kidnaped and shot to death January I, 1932. a few days after the first trial. Lieutenant Thomas Thom-as H. Maasie, husband of Mrs. Masai; Mas-ai; Mrs. Crsnvilte R. Fortescue, her aether, and two naval enlisted men, were convicted of manslaughter for his death. They war freed after serving one hour. Kelley's sensational statement that the state could not prove in court that Mrs. Mass! had been attacked was based on an exhauaUv invest!-gstion invest!-gstion msds by his office, the territorial terri-torial attorney general and the Pinker-ton Pinker-ton detective agency, he said. An examination of Mrs. Massle mad shortly afOr the alleged attack disclosed no evidence of the crime she ehsrged, Kelley declared. The plump, bald prosecutor's motion mo-tion apparently had been expected by the court When the four surviving surviv-ing defendant faced the court for their second trial on the attack charges, Kelley aros and addressed Judge Davis. EVIDENCE LACKING' "I do not wish to take this ease to trial." he said. "There Is a lack of medical, pnysicsi ano material evidence of alleged assault There is a lack of evidence to overcome the defendants' alibis." The four ewsrthy defendants showed little outwsrd concern. Judge Davis rapped lightly with his gavel and glanced over th courtroom. "The motion Is granted," he said, thus ending the case which brought tense feelings between navy men and civilians; resulted In a costly boycott of Honolulu by navy men, and threatened threat-ened congressional action to place Hawaii under military rule. Mrs. Masste was not In court Together To-gether with her mother snd husbsnd, she wss understood to be In Philadelphia. Phila-delphia. Identification at the five natives by Mrs. Msasie was criticized by the prosecutor. "Immedletely after th alleged attack at-tack was reported, she repeatedly told officers she could not identify ber assailants," as-sailants," KeUey said. HITS IDENTIFICATION "It can only b assumed the reason he did not give police. Immediately after the alleged often, th same Information In-formation regarding her assailants thst she wss sbl to furnish by her testimony at th trial la because she did not possess it at that time." Kelley also charged that th clothing cloth-ing Mrs. Maasie was wearing on the night of September , 131, when the asserted attack occurred, "failed to show any evidence of an attack such as she described." "The garment were In perfect condition," con-dition," he said. "They were neither rumpled nor torn, except one stocking stock-ing Residents of the lslsnds viewed the sudden closing of the sensational case calmly. Public opinion appeared a I- most unanimously agreed that It would have been practically impos-sbile impos-sbile to convict the four accused islanders. Expenditure of $10,000 for the Pinkerton detective sgency report on th case was criticized In some quarters. Th report a mad pub-, pub-, He, did not make known anything not ' already known to territorial authorities, authori-ties, it was pointed out Naval men stationed here gav In-i In-i dlcation they were not pleased with i the prosecutor's method of dismissing i the case, but otherwise they re- (rained from comment It was eon-tended eon-tended dismissal could have been obtained ob-tained by advising the court the com-, com-, plaining witnesses, including Lieuten- ant snd Mrs. Msssie, hsd left the . islands and ware not available to testify. 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