WEBVTT - Horror in Honolulu: Part One

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<v Speaker 1>You're listening to History on Trial, a production of iHeart Podcasts.

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<v Speaker 1>Listener Discretion advised. Hello listeners, I'm starting a newsletter which

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<v Speaker 1>other fun history related tidbits. To sign up, please visit

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<v Speaker 1>our website History on Trial podcast dot com. On September twelfth,

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<v Speaker 1>nineteen thirty one, Horace Da received a gift that would

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<v Speaker 1>turn out to be a curse. It happened like this.

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<v Speaker 1>Horace's older sister, Haro had a beautiful light tan model

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<v Speaker 1>a Ford, which she'd saved up for for years, and

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<v Speaker 1>that night she told Horace he could borrow it. She

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<v Speaker 1>was going to be working and didn't need the car.

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<v Speaker 1>As long as Horace promised to be careful, he could

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<v Speaker 1>take his friends out in it. Horace was delighted. This

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<v Speaker 1>was a rare treat. He put on a white silk

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<v Speaker 1>shirt and dark trousers and headed out into the humid

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<v Speaker 1>Honolulu night to find his friends. At a speakeasy, he

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<v Speaker 1>ran into David Takai and Ben Ahacuelo. The three young

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<v Speaker 1>men had grown up together in Sunday School. A missionary

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<v Speaker 1>who'd taught them remembered they'd been mischievous and scrappy. Now

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<v Speaker 1>all in their early twenties, they were settling down. Horace

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<v Speaker 1>had just spent a year working in Los Angeles, David

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<v Speaker 1>was about to do the same, and Ben's girlfriend was pregnant.

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<v Speaker 1>But they weren't too old to have fun. On a

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<v Speaker 1>Saturday night, They spent a while at the speakeasy, then

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<v Speaker 1>considered where to go next. Ben knew about a luau nearby,

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<v Speaker 1>so the crew headed over and gorged themselves on roast

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<v Speaker 1>pig and beer. But there weren't many young people at

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<v Speaker 1>the luau, so they decided to check out a dance

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<v Speaker 1>at Waikiki Park. Horace spent the next two hours driving

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<v Speaker 1>various friends to and from the luau and the dance.

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<v Speaker 1>He didn't mind playing chauffeur. Driving Hariyo's car was such

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<v Speaker 1>a joy. Eventually, two other childhood friends, Henry Chang and

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<v Speaker 1>Joe Cahahavai, joined Horace. At midnight. When the dance ended, Horace, Henry, Joe, David,

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<v Speaker 1>and Ben huddled outside Waikiki Park thinking of where to

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<v Speaker 1>go next, their main criteria being free food and beer.

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<v Speaker 1>The group decided to go back to the luau once more,

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<v Speaker 1>driving down Bartania Street, they ran into a car full

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<v Speaker 1>of friends, and the two cars drove side by side

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<v Speaker 1>for a while, their occupants chatting. But by the time

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<v Speaker 1>the men got to the luau around twelve thirty, the

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<v Speaker 1>party had ended. It was time to call it a night.

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<v Speaker 1>Horace dropped David off first, Then as he pulled out

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<v Speaker 1>onto Lileha Street, Horace narrowly avoided colliding with another car.

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<v Speaker 1>A woman in the other car shouted at Horace to

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<v Speaker 1>watch where he was going. Joe shouted back, telling the

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<v Speaker 1>driver to get out of his car. Joe was a

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<v Speaker 1>champion boxer and football player and thought he could easily

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<v Speaker 1>take the driver, a middle aged white man. But it

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<v Speaker 1>was not the driver who got out of the car.

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<v Speaker 1>It was the passenger, his irate wife, Agnes Peeples. Agnes,

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<v Speaker 1>a formidable Hawaiian woman whose daughter described her as quote

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<v Speaker 1>built like a Sherman tank, wasn't afraid of some tipsy

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<v Speaker 1>young men. When Joe stepped towards her, she shoved him.

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<v Speaker 1>He swung back, clipping her ear. Agnes grabbed Joe's throat

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<v Speaker 1>with one hand and punched him with the other. Horace

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<v Speaker 1>Ida groaned, it had been such a nice night, and

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<v Speaker 1>now this e and Henry pulled Joe back into the car.

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<v Speaker 1>Agnes's husband, Homer, calmed her down and everyone drove off.

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<v Speaker 1>Horace hoped that that was the end of the issue

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<v Speaker 1>and dropped Henry and Joe off at their homes. But

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<v Speaker 1>two hours later, when Horace was fast asleep in his bed,

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<v Speaker 1>someone knocked loudly on the front door of the house

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<v Speaker 1>he shared with his sisters and mother. It was the police.

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<v Speaker 1>They were taking him in for questioning. This seemed ridiculous

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<v Speaker 1>to Horace. It had only been a brief fight, no

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<v Speaker 1>one had really been injured, and anyway, that woman had

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<v Speaker 1>hit Joe first, but he agreed to come to police headquarters.

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<v Speaker 1>While he waited to be questioned at the station, Horace

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<v Speaker 1>must have rude ever accepting Harrio's gift. What a price

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<v Speaker 1>to pay for a single night out with his friends.

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<v Speaker 1>But even then, Horace had no idea what truly lay

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<v Speaker 1>in store for him. Earlier that night, a young white

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<v Speaker 1>woman named Thalia Massey had reported to police that she

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<v Speaker 1>had been kidnapped and raped by a group of men

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<v Speaker 1>near Waikiki. The police had quickly connected Thalia Massey's attack

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<v Speaker 1>with the police report filed by Agnes Peeples about her

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<v Speaker 1>fight with Joe. In both cases, the suspects were a

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<v Speaker 1>group of young men in a car. Horace was not

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<v Speaker 1>in the police station to answer questions about a road

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<v Speaker 1>rage run in. He was there to answer questions about

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<v Speaker 1>the assault of Thalia Massi. Horace denied knowing anything about

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<v Speaker 1>this assault. So did David Takai, Ben Ahaquelo, Joe Cahahavai,

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<v Speaker 1>and Henry Chang. They had never seen Thalia in their lives,

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<v Speaker 1>the young men said at the time she had been attacked.

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<v Speaker 1>They had been driving down Bartania Street. People had seen them.

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<v Speaker 1>They had alibis. But in the face of a political

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<v Speaker 1>establishment that was determined to get convictions for Thalia Massey's rape,

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<v Speaker 1>would the truth be a good enough defense. Welcome to

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<v Speaker 1>History on Trial. I'm your host, Mira Hayward. This week

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<v Speaker 1>The Territory of Hawaii v. Ben Ahaquelo et al. On

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<v Speaker 1>the evening of September twelfth, as Horace Ida gleefully started

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<v Speaker 1>up his sister's ford, Thalia and Tommy Massey got ready

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<v Speaker 1>to go out. The Das and the Massis only lived

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<v Speaker 1>a few miles apart as the crow Flies, but their

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<v Speaker 1>neighborhoods were worlds apart. Horace Da lived in the part

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<v Speaker 1>of Honolulu then known as Hell's Half Acre, a teeming,

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<v Speaker 1>densely populated slum inhabited by a mix of ethnic groups,

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<v Speaker 1>including Japanese, Chinese, and Filipino immigrants, as well as native Hawaiians.

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<v Speaker 1>Tammi and Thalia Massi lived in Manoa Valley, a lush,

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<v Speaker 1>lovely neighborhood that climbed up into the mountains northeast of Waikiki.

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<v Speaker 1>Manoah had once been a favorite retreat for the Hawaiian

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<v Speaker 1>royal family. Now restrictive racial covenants meant that almost all

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<v Speaker 1>Manoa residents were white. Orderly bungalows lined the valley's streets,

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<v Speaker 1>filled with Navy men and their wives. Twenty year old

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<v Speaker 1>Thalia Massi was not popular in Manoa. She refused to

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<v Speaker 1>socialize with other Navy wives, believing them to be beneath her.

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<v Speaker 1>After all, Thalia was a Roosevelt. Yes, her father, Rollie Fortescue,

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<v Speaker 1>was the illegitimate child of Robert Barnwell Roosevelt, but Robert

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<v Speaker 1>had eventually married Rolli's mother, and the Roosevelts counted Rolly

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<v Speaker 1>as one of their own. He had fought in the

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<v Speaker 1>Spanish American War with his cousin Teddy, and then worked

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<v Speaker 1>as Teddy's aid in the White House. And Thalia's mother, Grace,

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<v Speaker 1>came from equally illustrious stock. She was a Belle as

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<v Speaker 1>an Alexander Graham Bell and Belle Telephone later at and

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<v Speaker 1>t Falia and her two younger sisters had grown up

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<v Speaker 1>on grand estates. It was true that Rolli's drinking and

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<v Speaker 1>refusal to work had left the Fortescuez in dire financial straits,

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<v Speaker 1>and the Fortescue daughters were notoriously ill behaved. But despite

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<v Speaker 1>all of this, Thalia and her sisters had been instilled

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<v Speaker 1>with the belief that their heritage made them superior to others.

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<v Speaker 1>So when the other Navy wives invited Thalia to their

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<v Speaker 1>teas and luncheons, she declined, and she wasn't shy about

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<v Speaker 1>telling them why. Even when she did attend the occasional

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<v Speaker 1>dinner party, her behavior was appalling. She would drink heavily,

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<v Speaker 1>tell inappropriate stories, and criticize everything around her, from the

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<v Speaker 1>house's decorp to the hostess's dress. Tommy Massew regularly confided

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<v Speaker 1>in his friends about how terrible his marriage was. Things

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<v Speaker 1>hadn't always been like this. When Tommy had first met

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<v Speaker 1>Thalia four years earlier, when she was a sixteen year

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<v Speaker 1>old high school student and he was a twenty two

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<v Speaker 1>year old cadet at the Naval Academy, life had been sunny.

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<v Speaker 1>Tommy had spent a blissful summer with the fortesc Us

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<v Speaker 1>at the Roosevelt estate on Long Island, charming the whole

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<v Speaker 1>family with his affable personality. Tommy might not have come

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<v Speaker 1>from as well known a family as Thalia's, but the

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<v Speaker 1>Massis were a prominent family in Kentucky, and his stable

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<v Speaker 1>career in the Navy meant that he would be able

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<v Speaker 1>to provide for thee. When Tommy and Thalia married on

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<v Speaker 1>November twenty fourth, nineteen twenty seven, their future had looked bright,

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<v Speaker 1>and for a little while all was well. Tommy had

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<v Speaker 1>several postings on the East Coast. People who knew the

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<v Speaker 1>Massies then said they seemed happy, though there were rumors

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<v Speaker 1>about Thalia being unfaithful. The couple tried to start a family,

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<v Speaker 1>but Thalia miscarried. Thalia's health was poor. She had an

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<v Speaker 1>untreated thyroid condition which caused weight loss, anxiety, and vision problems.

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<v Speaker 1>To compensate for the frequent loss of vision in one

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<v Speaker 1>of her eyes. Falia had developed a distinctive gait. She

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<v Speaker 1>walked with her head tilted down into the side, and

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<v Speaker 1>Tommy endured some professional setbacks. He dreamed of being a pilot,

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<v Speaker 1>but at barely five foot five, he was rejected four

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<v Speaker 1>times for being too short. When he finally got a

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<v Speaker 1>heighth waiver, he failed the psychological exam, with the examiner

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<v Speaker 1>calling him temperamentily not qualified, perhaps due to his quick

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<v Speaker 1>temper and what some Annapolis classmates had called his quote

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<v Speaker 1>cynical attitude. But Tommy had accepted the decision and pivoted

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<v Speaker 1>his focus to submarines. In May nineteen thirty, he graduated

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<v Speaker 1>from the Navy's Submarine School and was assigned to Squadron four,

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<v Speaker 1>based at Pearl Harbor. To most people, this posting would

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<v Speaker 1>have been a dream. In the nineteen twenties, a Hawaiian

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<v Speaker 1>craze had swept the United States. Hawaiian inspired music played

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<v Speaker 1>on the radio, theaters staged moch hula shows, and Hollywood

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<v Speaker 1>studios filmed movie after movie on the island's beautiful beaches.

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<v Speaker 1>At the same time, as tourists flocked to Hawaii, the

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<v Speaker 1>United States Navy was increasing its presence there, massively expanding

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<v Speaker 1>Pearl Harbor. Many of the military men who came to

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<v Speaker 1>Awe who at this time, were disturbed by the level

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<v Speaker 1>of racial integration on the island, which was comparatively higher

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<v Speaker 1>than in the rest of the United States. One need

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<v Speaker 1>only talk for five minutes with the average naval officer,

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<v Speaker 1>wrote reporter Lilyan Symes around this time, to realize that

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<v Speaker 1>he is straining at the leash to put Hawaii's brown

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<v Speaker 1>and yellow peoples in their place. Nonetheless, most sailors still

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<v Speaker 1>found Honolulu a lovely place to live, but not Tommy

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<v Speaker 1>and Thalia Massey. As Thalia's bad behavior became more outrageous,

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<v Speaker 1>Tommy too began to fall apart. He started drinking heavily.

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<v Speaker 1>The couple fought loudly and sometimes violently. When Tommy went

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<v Speaker 1>out on sea duty, Thalia would invite other men over.

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<v Speaker 1>In the summer of nineteen thirty one, in the latter

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<v Speaker 1>stages of pregnancy, Thalia lost the baby and fell into

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<v Speaker 1>a depression that manifested itself in increasingly hostile behavior towards Tommy.

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<v Speaker 1>She briefly saw a psychologist, doctor E. Loowel Kelly, but

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<v Speaker 1>After Kelly recommended to Tommy that Thalia receives psychae care,

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<v Speaker 1>Thalia stopped seeing him. In August, Tommy told Dalia that

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<v Speaker 1>he wanted a divorce. Thalia begged him for another chance,

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<v Speaker 1>not because she loved him, but because she did not

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<v Speaker 1>want to have to go back and live with her parents.

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<v Speaker 1>Tommy relented, but only conditionally. Thalia had three months to

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<v Speaker 1>try harder or else he was done. He called it probation.

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<v Speaker 1>Thalia promised to do her best. Agreeing to go out

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<v Speaker 1>with Tommy and some of his Navy friends on September

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<v Speaker 1>twelfth was part of her reform efforts. Thalia hated nights

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<v Speaker 1>out like this, surrounded by drunken Navy officers and their

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<v Speaker 1>boring wives, but knowing what was at stake, she slipped

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<v Speaker 1>on a long green silk dress and matching jacket. She

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<v Speaker 1>pasted a smile on as Tommy's friends and their wives arrived.

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<v Speaker 1>After an hour of drinking, the group headed to the Aluwai,

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<v Speaker 1>in a Navy haunt in Waikiki. When they arrived between

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<v Speaker 1>nine thirty and ten te pm, Tommy split off to

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<v Speaker 1>talk to some of his shipmates. Irritated at his abandonment,

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<v Speaker 1>Thalia went upstairs, where she circulated and drank, waiting for

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<v Speaker 1>Tommy to come find her. He never did. Around eleven thirty,

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<v Speaker 1>Thalia got into a fight with a Navy officer who

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<v Speaker 1>wanted her seat. After the man called Thalia alous, she

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<v Speaker 1>slapped him. Tommy was summoned to calm her down. The

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<v Speaker 1>couple talked for a little while, then Tommy went back downstairs.

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<v Speaker 1>This night was clearly not going as either of the

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<v Speaker 1>Massies had hoped. Around one am, Tommy decided to head out.

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<v Speaker 1>Salia was nowhere to be found, but since she often

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<v Speaker 1>left parties when she was upset, Tommy assumed she'd already

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<v Speaker 1>gone home. He tried calling the house, but no one answered,

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<v Speaker 1>so Tommy and a friend drove back to Manoah headed

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<v Speaker 1>to a friend's house where they'd heard a party was happening.

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<v Speaker 1>When they got there, though, the host was not yet home,

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<v Speaker 1>so Tommy and his friend decided to wait. Ten minutes earlier,

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<v Speaker 1>at twelve fifty a m. Eustace Bellinger was driving his

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<v Speaker 1>wife and their friends, the Clarks, down Ala Moana Road

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<v Speaker 1>to get a late night snack. Suddenly, a woman appeared

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<v Speaker 1>in front of the car, alarmed Bellinger pulled over. The woman,

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<v Speaker 1>whose face looked swollen, told the Bellingers and Clarks that

0:14:19.080 --> 0:14:22.840
<v Speaker 1>her name was Thalia Massey. She said that she'd been

0:14:22.880 --> 0:14:25.800
<v Speaker 1>at a party earlier that night, but left around midnight

0:14:25.840 --> 0:14:29.040
<v Speaker 1>to get some air. As she walked down john Ena Roade,

0:14:29.160 --> 0:14:32.160
<v Speaker 1>Thalia said some men had grabbed her and pulled her

0:14:32.200 --> 0:14:35.320
<v Speaker 1>into a car. They'd beaten her and then abandoned her

0:14:35.360 --> 0:14:38.840
<v Speaker 1>in a deserted clearing off of Ala Moana. Missus Clark

0:14:38.920 --> 0:14:42.000
<v Speaker 1>immediately suggested that they take Thalia to the police station

0:14:42.240 --> 0:14:45.280
<v Speaker 1>or to a hospital, but she said she only wanted

0:14:45.320 --> 0:14:49.560
<v Speaker 1>to go home. Just as Thalia got home, the phone rang.

0:14:50.320 --> 0:14:54.320
<v Speaker 1>It was Tommy calling from his friend's house. Thalia picked

0:14:54.400 --> 0:14:59.000
<v Speaker 1>up the phone and cried, something awful has happened. Come home.

0:15:00.760 --> 0:15:03.920
<v Speaker 1>At one forty seven a m. Honolulu Police received a

0:15:03.920 --> 0:15:08.920
<v Speaker 1>call from Tommy Massey requesting assistance. A woman had been assaulted,

0:15:09.000 --> 0:15:12.680
<v Speaker 1>he said. Detective John Jardine, in charge of the night shift,

0:15:12.880 --> 0:15:17.280
<v Speaker 1>dispatched two detectives, George Harbottle and William Fortado, to go

0:15:17.360 --> 0:15:20.800
<v Speaker 1>to the Massie's home. Police had gone to the house before,

0:15:21.040 --> 0:15:24.920
<v Speaker 1>usually responding to noise complaints from neighbors. When the massies fought.

0:15:25.600 --> 0:15:30.200
<v Speaker 1>This call out was different. Thalia had not wanted Tommy

0:15:30.240 --> 0:15:33.400
<v Speaker 1>to call the police in. When detectives Harbottle and for

0:15:33.520 --> 0:15:36.880
<v Speaker 1>Todo arrived, they found her lying on a couch, crying

0:15:36.960 --> 0:15:41.360
<v Speaker 1>and wearing a nightgown. Haltingly, Thalia told the detectives that

0:15:41.480 --> 0:15:44.360
<v Speaker 1>four or five Hawaiian men had snatched her off the road,

0:15:44.720 --> 0:15:47.880
<v Speaker 1>driven her to a remote spot, and then beat and

0:15:48.000 --> 0:15:52.280
<v Speaker 1>raped her. For Toado and Harbottle were shocked. In the

0:15:52.480 --> 0:15:55.800
<v Speaker 1>entire history of white settlement in Hawaii more than one

0:15:55.880 --> 0:15:59.120
<v Speaker 1>hundred years, there had never been a recorded case of

0:15:59.120 --> 0:16:03.280
<v Speaker 1>a Hawaiian man sexually assaulting a white woman. The detectives

0:16:03.320 --> 0:16:07.320
<v Speaker 1>walked Thelia carefully through her account, trying to get more information.

0:16:08.000 --> 0:16:11.560
<v Speaker 1>Nothing helpful was forthcoming. Alia said the night was so

0:16:11.760 --> 0:16:14.360
<v Speaker 1>dark she could not see the men's faces and doubted

0:16:14.400 --> 0:16:18.000
<v Speaker 1>she could identify them. However, when pushed by Fortado, she

0:16:18.080 --> 0:16:20.720
<v Speaker 1>said she was certain that all the men were Hawaiian,

0:16:20.960 --> 0:16:25.080
<v Speaker 1>not Chinese or Japanese. She could only describe their car

0:16:25.120 --> 0:16:28.640
<v Speaker 1>as being old and dark with a torn cloth top.

0:16:29.320 --> 0:16:32.200
<v Speaker 1>She had not seen a license plate. The night had

0:16:32.240 --> 0:16:35.360
<v Speaker 1>been dark. She said. She did not mention that her

0:16:35.400 --> 0:16:38.640
<v Speaker 1>bad eyesight rendered her nearly blind when she didn't wear

0:16:38.680 --> 0:16:42.080
<v Speaker 1>her glasses, glasses that she had left at home that night.

0:16:43.160 --> 0:16:46.880
<v Speaker 1>As Detective Harbottle continued the questioning, detective for Toado called

0:16:46.920 --> 0:16:50.920
<v Speaker 1>Detective Jardine to report in Fortato, and Jardine agreed that

0:16:50.920 --> 0:16:53.640
<v Speaker 1>Thalia's story reminded them of a case they had caught

0:16:53.680 --> 0:16:57.640
<v Speaker 1>earlier that night. At twelve forty five am, Agnes Peeples

0:16:57.680 --> 0:17:00.160
<v Speaker 1>had come to police headquarters to report that she'd had

0:17:00.160 --> 0:17:02.960
<v Speaker 1>an altercation with a car full of young men, and

0:17:03.040 --> 0:17:06.600
<v Speaker 1>that one of them, a Hawaiian, had assaulted her. Two

0:17:06.680 --> 0:17:10.040
<v Speaker 1>incidents involving a group of young Hawaiian men seemed unlikely

0:17:10.119 --> 0:17:13.800
<v Speaker 1>to be a coincidence, the detective's thought. As Thalia was

0:17:13.840 --> 0:17:16.720
<v Speaker 1>taken to a nearby hospital to be examined, a car

0:17:16.800 --> 0:17:20.920
<v Speaker 1>was dispatched to the Ida house. Unlike Salia, Agnes had

0:17:20.920 --> 0:17:24.920
<v Speaker 1>seen a license plate five eight nine eight five, which

0:17:24.960 --> 0:17:27.440
<v Speaker 1>the police had been able to trace to the Eda's car.

0:17:28.040 --> 0:17:31.200
<v Speaker 1>Horace Ida denied having anything to do with Thalia's rape

0:17:31.520 --> 0:17:33.760
<v Speaker 1>and initially refused to name the men he had been

0:17:33.760 --> 0:17:38.520
<v Speaker 1>out with, but after hours of relentless interrogation, Horace identified

0:17:38.520 --> 0:17:42.280
<v Speaker 1>his friends as the police brought in the other men,

0:17:42.600 --> 0:17:47.520
<v Speaker 1>Joe Cahahavai, Ben Ahaquelo, David Takai and Henry Chang, and

0:17:47.720 --> 0:17:52.920
<v Speaker 1>interrogated them. In turn, a problem emerged. The men's accounts

0:17:52.960 --> 0:17:56.919
<v Speaker 1>of their night were consistent. Moreover, they could provide the

0:17:56.960 --> 0:17:59.440
<v Speaker 1>police with the names of many other people who had

0:17:59.480 --> 0:18:01.879
<v Speaker 1>seen or see spoken with them between ten pm and

0:18:02.040 --> 0:18:04.840
<v Speaker 1>one am. There was no time for them to have

0:18:04.880 --> 0:18:08.560
<v Speaker 1>committed the attack, which Thalia claimed had happened between midnight

0:18:08.640 --> 0:18:12.480
<v Speaker 1>and twelve forty five. The men's strong alibis were not

0:18:12.680 --> 0:18:16.320
<v Speaker 1>the only issue. Thalia had repeatedly said that she was

0:18:16.359 --> 0:18:19.840
<v Speaker 1>sure that her attackers were all Hawaiian. Joe and Ben

0:18:19.880 --> 0:18:23.000
<v Speaker 1>were Hawaiian, and Henry was half Hawaiian and half Chinese,

0:18:23.440 --> 0:18:27.280
<v Speaker 1>but Horace Da and David Takai were both Japanese, and

0:18:27.359 --> 0:18:30.879
<v Speaker 1>Haruya DA's car didn't match the description Thalia had given

0:18:30.960 --> 0:18:33.560
<v Speaker 1>of an old, dark colored car with a ripped top.

0:18:34.119 --> 0:18:36.960
<v Speaker 1>Haruyo's car was only two years old, with a light

0:18:37.040 --> 0:18:41.399
<v Speaker 1>hand exterior and a pristine cloth top. But fortunately for

0:18:41.480 --> 0:18:46.640
<v Speaker 1>the detectives, Thalia now seemed flexible on details. When John McIntosh,

0:18:46.800 --> 0:18:50.240
<v Speaker 1>the chief of detectives, interviewed Thalia, at police headquarters after

0:18:50.280 --> 0:18:54.000
<v Speaker 1>her exam, she now told Captain Macintosh that she had

0:18:54.160 --> 0:18:59.639
<v Speaker 1>seen a license plate five eight eight oh five that

0:18:59.800 --> 0:19:04.879
<v Speaker 1>was only one digit off from haruyo Eda's plate. Later

0:19:05.200 --> 0:19:09.760
<v Speaker 1>at trial, a possible explanation for Thalia's sudden memory was provided.

0:19:10.520 --> 0:19:13.959
<v Speaker 1>Throughout the early morning of September thirteenth, a police dispatcher

0:19:14.000 --> 0:19:17.320
<v Speaker 1>had repeatedly broadcast a be on the lookout alert for

0:19:17.359 --> 0:19:20.359
<v Speaker 1>a car with license plate five eight eight nine five

0:19:20.720 --> 0:19:23.280
<v Speaker 1>which had been involved in an assault on a woman.

0:19:24.240 --> 0:19:27.560
<v Speaker 1>The dispatcher was referring to the assault on Agnes Peoples,

0:19:27.840 --> 0:19:31.920
<v Speaker 1>but a lay listener would not know that these broadcasts

0:19:31.920 --> 0:19:35.840
<v Speaker 1>had blared from police car radios stationed right outside the

0:19:35.920 --> 0:19:39.760
<v Speaker 1>exam room. Thalia Massi was in an exam room with

0:19:39.880 --> 0:19:44.560
<v Speaker 1>open windows when Captain McIntosh brought Haryo's car to the

0:19:44.600 --> 0:19:48.159
<v Speaker 1>Massie's house around nine am on the thirteenth, identifying it

0:19:48.200 --> 0:19:52.439
<v Speaker 1>to Thalia as quote the suspect's car. Thalia said that

0:19:52.480 --> 0:19:55.280
<v Speaker 1>while she couldn't be certain that this was the exact car,

0:19:55.480 --> 0:19:59.480
<v Speaker 1>it was quote a car like that, and when Macintosh

0:19:59.480 --> 0:20:02.840
<v Speaker 1>brought jo Henry, David and Horace in front of Thalia

0:20:02.920 --> 0:20:06.480
<v Speaker 1>later that day, she identified all of them except for

0:20:06.560 --> 0:20:11.320
<v Speaker 1>David Takai, as being her assailants. By that time, news

0:20:11.320 --> 0:20:15.600
<v Speaker 1>of Thalia's rape was public and causing an enormous uproar.

0:20:16.480 --> 0:20:20.679
<v Speaker 1>No one was angrier than Admiral Yates Sterling, commandant of

0:20:20.720 --> 0:20:25.040
<v Speaker 1>the fourteenth Naval District, an outspoken racist and an advocate

0:20:25.080 --> 0:20:29.320
<v Speaker 1>for complete military control of Hawaii, Sterling was furious to

0:20:29.359 --> 0:20:33.600
<v Speaker 1>hear about the attack. Notably, Sterling had been much less

0:20:33.680 --> 0:20:36.800
<v Speaker 1>angry about the two sexual assaults committed by white sailors

0:20:36.840 --> 0:20:40.320
<v Speaker 1>against Hawaiian women in the past five months. There is

0:20:40.400 --> 0:20:43.440
<v Speaker 1>no record of the Navy punishing these men after demanding

0:20:43.480 --> 0:20:47.320
<v Speaker 1>custody of them from the local police, But now Sterling

0:20:47.400 --> 0:20:52.000
<v Speaker 1>called for quote quick action and adequate punishment for these

0:20:52.280 --> 0:20:57.399
<v Speaker 1>quote dark skinned criminals. Sterling quickly organized a meeting with

0:20:57.400 --> 0:21:01.359
<v Speaker 1>Honolulu's power brokers, including the mayor, the district attorney, the

0:21:01.440 --> 0:21:05.760
<v Speaker 1>Navy's shore patrol commander, and the territorial governor, Lawrence Judd.

0:21:06.680 --> 0:21:08.960
<v Speaker 1>The forty four year old jud had been governor for

0:21:09.000 --> 0:21:12.880
<v Speaker 1>two years. This was an appointed position. The men who

0:21:12.880 --> 0:21:15.560
<v Speaker 1>made the appointment were members of a small white or

0:21:15.720 --> 0:21:19.879
<v Speaker 1>Howley elite, the descendants of the white missionaries and planters

0:21:19.920 --> 0:21:23.200
<v Speaker 1>who had wrested power and land away from Native Hawaiians

0:21:23.240 --> 0:21:26.479
<v Speaker 1>over the course of the nineteenth century, culminating in the

0:21:26.520 --> 0:21:30.480
<v Speaker 1>eighteen ninety three overthrow of the Hawaiian monarchy, the eighteen

0:21:30.560 --> 0:21:33.920
<v Speaker 1>ninety eight annexation of Hawaii, and the establishment of the

0:21:34.000 --> 0:21:38.240
<v Speaker 1>United States Territory of Hawaii in nineteen hundred, all despite

0:21:38.359 --> 0:21:43.360
<v Speaker 1>strenuous protests by Native Hawaiians. By nineteen thirty one, though

0:21:43.400 --> 0:21:47.840
<v Speaker 1>there was an elected territorial legislature, the true political power

0:21:47.840 --> 0:21:51.040
<v Speaker 1>in Hawaii belonged to the sugar cane corporations known as

0:21:51.080 --> 0:21:55.040
<v Speaker 1>the Big Five, who appointed governors who would do their bidding.

0:21:55.760 --> 0:21:59.679
<v Speaker 1>Governors like Laurence jud But the United States Navy had

0:21:59.760 --> 0:22:02.480
<v Speaker 1>all so began to play an increasingly important role in

0:22:02.480 --> 0:22:06.520
<v Speaker 1>the territory. Thanks to the Great Depression, revenue from tourism,

0:22:06.640 --> 0:22:11.040
<v Speaker 1>sugar and pineapples was down. The Navy, which planned to

0:22:11.080 --> 0:22:15.879
<v Speaker 1>invest millions into Pearl Harbor, offered economic relief, and so

0:22:16.160 --> 0:22:19.080
<v Speaker 1>writes historian David Stannard in his book on the Trial,

0:22:19.640 --> 0:22:23.560
<v Speaker 1>This first meeting between Sterling and jud Quote set the

0:22:23.600 --> 0:22:27.200
<v Speaker 1>tone for all that were to follow. The Admiral was

0:22:27.359 --> 0:22:31.760
<v Speaker 1>used to giving orders the governor was used to taking them.

0:22:32.040 --> 0:22:37.080
<v Speaker 1>Before long, a full bore prosecution was underway. Judd and

0:22:37.200 --> 0:22:41.120
<v Speaker 1>Sterling had the benefit of a compliant media environment. Two

0:22:41.240 --> 0:22:45.520
<v Speaker 1>of Oahu's largest English language newspapers, the Honolulu Advertiser and

0:22:45.560 --> 0:22:49.639
<v Speaker 1>the Honolulu Star Bulletin, were closely intertwined with the military

0:22:49.680 --> 0:22:53.800
<v Speaker 1>and business elite's interests. Assisted by the police who readily

0:22:53.840 --> 0:22:57.920
<v Speaker 1>provided them with information, these papers began conducting a trial

0:22:58.040 --> 0:23:02.240
<v Speaker 1>by press, depicting the case against the five men as watertight.

0:23:03.200 --> 0:23:07.200
<v Speaker 1>Behind the scenes, the case was anything but. The timeline

0:23:07.240 --> 0:23:09.959
<v Speaker 1>made it almost impossible for the suspects to have committed

0:23:10.000 --> 0:23:13.640
<v Speaker 1>the crime, and though Thalia's story now better fitted the suspects,

0:23:14.040 --> 0:23:17.880
<v Speaker 1>the police lacked physical evidence to support this story. When

0:23:17.880 --> 0:23:22.080
<v Speaker 1>police investigator's finger printed Haryo DA's car, they found plenty

0:23:22.119 --> 0:23:25.959
<v Speaker 1>of prints, but not a single one belonging to Thalia Massey.

0:23:26.800 --> 0:23:30.240
<v Speaker 1>And more troublingly, the police were struggling to find proof

0:23:30.440 --> 0:23:33.840
<v Speaker 1>that Thalia had been raped at all. I will mention

0:23:33.920 --> 0:23:37.320
<v Speaker 1>here that false reports of rape are very uncommon. The

0:23:37.400 --> 0:23:40.080
<v Speaker 1>rate of false reports is difficult to measure since there

0:23:40.080 --> 0:23:43.240
<v Speaker 1>are many ways to define false, such as stories that

0:23:43.280 --> 0:23:46.480
<v Speaker 1>were proven false, suspected to be false or unable to

0:23:46.520 --> 0:23:50.239
<v Speaker 1>be substantiated or to meet the threshold for prosecution. But

0:23:50.280 --> 0:23:53.720
<v Speaker 1>the most comprehensive research indicates a rape of false rape

0:23:53.720 --> 0:23:56.320
<v Speaker 1>reports in the United States to be between two and

0:23:56.480 --> 0:24:00.399
<v Speaker 1>eight percent. We cannot know what exactly happened to Thalia

0:24:00.480 --> 0:24:03.760
<v Speaker 1>Massey that night in nineteen thirty one, but the physical

0:24:03.800 --> 0:24:06.879
<v Speaker 1>evidence did not corroborate her story of being beaten and

0:24:07.000 --> 0:24:11.600
<v Speaker 1>raped multiple times. At her exam only several hours after

0:24:11.640 --> 0:24:14.479
<v Speaker 1>the alleged attack, a doctor and nurse found that the

0:24:14.520 --> 0:24:17.800
<v Speaker 1>only injury Thealia suffered was a facial one. Her jaw

0:24:17.920 --> 0:24:21.880
<v Speaker 1>was broken, she had no vaginal abrasions or lacerations, and

0:24:22.040 --> 0:24:25.240
<v Speaker 1>no seamen was present. Thalia told the doctor that she

0:24:25.280 --> 0:24:28.639
<v Speaker 1>had douched after arriving home, but no seamen was found

0:24:28.680 --> 0:24:31.359
<v Speaker 1>on any of the clothes that Thalia wore that night either.

0:24:31.920 --> 0:24:36.320
<v Speaker 1>Her clothes were in fact nearly pristine. Besides a few

0:24:36.400 --> 0:24:39.760
<v Speaker 1>drops of blood on the shoulder, likely from Thalia's split lip,

0:24:40.240 --> 0:24:43.760
<v Speaker 1>the clothes looked, according to doctor Thomas Mossman, the assistant

0:24:43.800 --> 0:24:46.720
<v Speaker 1>City and County physician, like they had just come from

0:24:46.720 --> 0:24:50.879
<v Speaker 1>the dry cleaners. Even her shoes were not scuffed. It

0:24:51.000 --> 0:24:54.080
<v Speaker 1>was hard to imagine that thealia could have been abducted, beaten,

0:24:54.320 --> 0:24:57.680
<v Speaker 1>dragged through the woods, and raped without sustaining a single

0:24:57.720 --> 0:25:01.800
<v Speaker 1>stain or rip or scuff. The lack of physical evidence

0:25:01.880 --> 0:25:05.399
<v Speaker 1>was a particular problem for the prosecution because Hawaii had

0:25:05.440 --> 0:25:09.240
<v Speaker 1>a law that required corroborating evidence in rape cases. A

0:25:09.320 --> 0:25:13.800
<v Speaker 1>victim's testimony alone was not enough, but prosecutors, led by

0:25:13.840 --> 0:25:17.520
<v Speaker 1>Assistant City and County Attorney Griffith White, were not deterred

0:25:17.520 --> 0:25:21.639
<v Speaker 1>by these obstacles. Driven by increasing pressure from the Navy

0:25:21.800 --> 0:25:25.840
<v Speaker 1>and an outraged public, White was determined to get a conviction,

0:25:26.720 --> 0:25:30.600
<v Speaker 1>and when the men's trial began on November sixteenth, nineteen

0:25:30.720 --> 0:25:33.959
<v Speaker 1>thirty one, the lengths to which White would go to

0:25:34.000 --> 0:25:41.280
<v Speaker 1>get his conviction would be revealed. When ben Ahaquelo's mother, Aggie,

0:25:41.480 --> 0:25:45.080
<v Speaker 1>heard that her son had been arrested, she was terrified,

0:25:45.640 --> 0:25:48.639
<v Speaker 1>so she did what any mother would do. She called

0:25:48.680 --> 0:25:54.359
<v Speaker 1>a princess. As David's Darren explains, although the ravages of

0:25:54.400 --> 0:25:58.359
<v Speaker 1>it introduced disease and consequent political upheaval did much to

0:25:58.480 --> 0:26:03.520
<v Speaker 1>change Hawaiian cultural norms following European contact, one characteristic that

0:26:03.680 --> 0:26:08.280
<v Speaker 1>endured was the expectation by rulers and rules alike that

0:26:08.440 --> 0:26:11.960
<v Speaker 1>rulers were obliged to care for the common people. So

0:26:12.080 --> 0:26:16.160
<v Speaker 1>Princess Abigail Kavana Nakoa, the current leader of Hawaii's deposed

0:26:16.240 --> 0:26:20.359
<v Speaker 1>royal family, did not hesitate to answer Aggie Ahaquelo's call.

0:26:21.040 --> 0:26:23.720
<v Speaker 1>The princess listened to Aggie's story and then said that

0:26:23.760 --> 0:26:27.000
<v Speaker 1>she would contact one of her friends, the accomplished attorney

0:26:27.040 --> 0:26:30.920
<v Speaker 1>William H. Heen, to see if he could help. William

0:26:31.000 --> 0:26:35.040
<v Speaker 1>Heen was prominent in Hawaii's legal and political circles. Half

0:26:35.119 --> 0:26:37.760
<v Speaker 1>Chinese and half Hawaiian, the forty eight year old Heen

0:26:37.840 --> 0:26:41.520
<v Speaker 1>had worked as a prosecutor, a defense attorney, and a judge.

0:26:41.600 --> 0:26:44.600
<v Speaker 1>He was currently balancing his law practice with his duties

0:26:44.640 --> 0:26:48.439
<v Speaker 1>as a senator in the territorial legislature. Keen agreed to

0:26:48.440 --> 0:26:51.560
<v Speaker 1>look into the case for Princess Kavana and Nakoa. Aware

0:26:51.640 --> 0:26:54.000
<v Speaker 1>of the racial aspects of the case, he decided to

0:26:54.040 --> 0:26:57.720
<v Speaker 1>recruit a white attorney to assist him. Bill Pittman was

0:26:57.760 --> 0:27:01.719
<v Speaker 1>the perfect fit. An excellent atonejourney, the Mississippi born Pittman

0:27:01.920 --> 0:27:05.240
<v Speaker 1>was passionately anti racist. He also happened to be a

0:27:05.280 --> 0:27:09.480
<v Speaker 1>descendant of Francis Scott Key, who was decidedly more racist,

0:27:09.920 --> 0:27:12.760
<v Speaker 1>as we saw in episode three of History on Trial.

0:27:13.800 --> 0:27:16.160
<v Speaker 1>Heen and Pittman wanted to be sure that they had

0:27:16.160 --> 0:27:20.520
<v Speaker 1>a solid case, so they conducted vigorous interrogations of the defendants.

0:27:21.160 --> 0:27:23.480
<v Speaker 1>At the end, the lawyers were convinced that the men

0:27:23.520 --> 0:27:27.159
<v Speaker 1>were innocent and decided to represent them. They divided up

0:27:27.160 --> 0:27:31.320
<v Speaker 1>the defendants, with William Heen representing Ben Ahaquello and Henry Chang,

0:27:31.680 --> 0:27:35.840
<v Speaker 1>and Bill Pittman representing Horace da and Joe Cahahavai. Robert

0:27:35.920 --> 0:27:39.400
<v Speaker 1>Murakami later joined the defense as well, representing David Takai.

0:27:40.160 --> 0:27:43.360
<v Speaker 1>Hawaii's Howley Elite were disturbed by the news that such

0:27:43.400 --> 0:27:47.320
<v Speaker 1>formidable lawyers had signed on. They began to question whether

0:27:47.400 --> 0:27:50.080
<v Speaker 1>Griffith White was the right man to lead the prosecution.

0:27:50.720 --> 0:27:53.240
<v Speaker 1>After all, the forty one year old had only four

0:27:53.359 --> 0:27:57.040
<v Speaker 1>years experience as a lawyer. But White insisted he could

0:27:57.080 --> 0:28:00.359
<v Speaker 1>handle the case, and the prosecution also had to reason

0:28:00.400 --> 0:28:03.080
<v Speaker 1>to hope that the judge would be sympathetic to their cause.

0:28:04.000 --> 0:28:07.760
<v Speaker 1>Judge Alva E. Steedman, thirty seven, had married into one

0:28:07.800 --> 0:28:11.399
<v Speaker 1>of the Big five Sugarcane families right before the trial.

0:28:11.480 --> 0:28:14.840
<v Speaker 1>Steedman announced that this would be his last trial, as

0:28:14.840 --> 0:28:17.880
<v Speaker 1>he would be accepting a job with his wife's family company.

0:28:18.600 --> 0:28:21.680
<v Speaker 1>The defense worried that Steadman, about to leave the bench,

0:28:21.800 --> 0:28:24.840
<v Speaker 1>would be less concerned with impartiality than he would be

0:28:24.920 --> 0:28:29.120
<v Speaker 1>with satisfying the Big Five and the Navy. Their fears

0:28:29.160 --> 0:28:32.960
<v Speaker 1>seemed to be confirmed. As the trial began. Steadman denied

0:28:33.000 --> 0:28:36.960
<v Speaker 1>nearly all of the defense's motions. Most critically, he denied

0:28:37.000 --> 0:28:39.360
<v Speaker 1>their motion to get a bill of particulars, which would

0:28:39.520 --> 0:28:43.840
<v Speaker 1>enumerate exactly what crimes each defendant was charged with. This

0:28:44.040 --> 0:28:47.880
<v Speaker 1>ruling was a particular blow to David Takai. Thalia Massey

0:28:47.960 --> 0:28:50.400
<v Speaker 1>had always denied that he was one of her attackers,

0:28:50.520 --> 0:28:52.920
<v Speaker 1>and Takai had no idea what he was even on

0:28:53.040 --> 0:28:57.880
<v Speaker 1>trial for. At ten thirty am on November eighteenth, Griffith

0:28:57.880 --> 0:29:01.880
<v Speaker 1>White delivered a brief opening statement, focusing on the heinousness

0:29:01.880 --> 0:29:06.040
<v Speaker 1>of the crime. Then he called Thalia Massey to the stand.

0:29:06.720 --> 0:29:12.120
<v Speaker 1>Thalia was dressed conservatively and spoke softly. Her testimony was emotional.

0:29:12.560 --> 0:29:15.800
<v Speaker 1>When she began describing the attack, she broke into tears,

0:29:16.200 --> 0:29:19.800
<v Speaker 1>prompting Judge Stadman to call the recess. Her testimony was

0:29:19.840 --> 0:29:24.920
<v Speaker 1>also thorough and precise. She provided detailed descriptions of her assailants,

0:29:25.240 --> 0:29:27.440
<v Speaker 1>who she now said had referred to each other by

0:29:27.560 --> 0:29:31.000
<v Speaker 1>name during her assault. She described seeing the license plate

0:29:31.040 --> 0:29:33.840
<v Speaker 1>and the car, both of which she had initially claimed

0:29:33.920 --> 0:29:36.800
<v Speaker 1>not to have seen, and these weren't the only changes

0:29:36.840 --> 0:29:39.360
<v Speaker 1>to her story. Thalia now said that she might have

0:29:39.440 --> 0:29:42.040
<v Speaker 1>left the alloway in as early as eleven thirty five

0:29:42.080 --> 0:29:45.360
<v Speaker 1>p m. The most moving part of her testimony came

0:29:45.360 --> 0:29:48.720
<v Speaker 1>when Thalia spoke of discovering a month after the alleged

0:29:48.760 --> 0:29:52.920
<v Speaker 1>assault that she was pregnant. In truth, Thalia had only

0:29:52.960 --> 0:29:56.000
<v Speaker 1>suspected she was pregnant when she went to the hospital

0:29:56.040 --> 0:29:59.640
<v Speaker 1>and had a dilation and curetage performed. No evidence of

0:29:59.680 --> 0:30:03.760
<v Speaker 1>pregnant she was discovered, but that fact never emerged at trial,

0:30:04.360 --> 0:30:07.120
<v Speaker 1>and the horror of her ordeal moved many in the

0:30:07.120 --> 0:30:12.400
<v Speaker 1>court room. On cross William Heen gently but insistently pushed

0:30:12.400 --> 0:30:15.520
<v Speaker 1>Thalia on the details of her attack and on the timeline.

0:30:16.080 --> 0:30:19.239
<v Speaker 1>When he asked about the discrepancies between her testimony and

0:30:19.280 --> 0:30:22.400
<v Speaker 1>her initial report to the police, such as the ethnicity

0:30:22.400 --> 0:30:25.440
<v Speaker 1>of her assailants or the description of the car, Thalia

0:30:25.480 --> 0:30:29.760
<v Speaker 1>claimed she couldn't remember what she'd said when with Thalia's

0:30:29.800 --> 0:30:33.960
<v Speaker 1>testimony entered. Griffith White now worked to introduce corroberative evidence.

0:30:34.600 --> 0:30:38.520
<v Speaker 1>He called Thalia's personal physician, doctor John Porter, to describe

0:30:38.520 --> 0:30:42.520
<v Speaker 1>the injuries to Thalia's face. Then he presented a series

0:30:42.600 --> 0:30:48.120
<v Speaker 1>of police officers. The first police witness was Detective John C. Clooney.

0:30:48.760 --> 0:30:52.840
<v Speaker 1>Clooney had been one of Horace DA's arresting officers. Shortly

0:30:52.880 --> 0:30:56.560
<v Speaker 1>after bringing Horace in, Clooney said Boris told him that

0:30:56.640 --> 0:31:00.000
<v Speaker 1>quote one of the boys in his cars struck Missus Peeples,

0:31:00.200 --> 0:31:02.280
<v Speaker 1>but as far as the striking of this white woman,

0:31:02.480 --> 0:31:05.680
<v Speaker 1>he said he didn't know anything about it at the time.

0:31:05.880 --> 0:31:09.000
<v Speaker 1>White asked Clooney, had you mentioned to him that a

0:31:09.000 --> 0:31:13.400
<v Speaker 1>white woman had been struck? I had not. Clooney said

0:31:13.800 --> 0:31:17.320
<v Speaker 1>the implication was clear. The only way that Horace DA

0:31:17.400 --> 0:31:19.360
<v Speaker 1>could have known about the attack on Thalia at this

0:31:19.480 --> 0:31:24.560
<v Speaker 1>point was if he had committed it. William Heen was shocked.

0:31:24.640 --> 0:31:28.320
<v Speaker 1>He had never heard any mention of this exchange on cross.

0:31:28.320 --> 0:31:30.840
<v Speaker 1>He asked Clooney if he had written a report that night.

0:31:31.440 --> 0:31:33.480
<v Speaker 1>Clooney said he had, but that he didn't have the

0:31:33.560 --> 0:31:36.520
<v Speaker 1>report on him, so the detective was excused to fetch

0:31:36.520 --> 0:31:40.600
<v Speaker 1>the report In the meantime, White called his next police witness,

0:31:40.960 --> 0:31:44.960
<v Speaker 1>officer Claude Benton. Benon had conducted a search of the

0:31:45.000 --> 0:31:48.480
<v Speaker 1>crime scene in the early hours of September thirteenth, shortly

0:31:48.520 --> 0:31:52.040
<v Speaker 1>after the assault was reported. At the scene, Benton had

0:31:52.040 --> 0:31:55.880
<v Speaker 1>found several items that Thalia Massey identified as hers, including

0:31:55.880 --> 0:31:59.280
<v Speaker 1>a pocket mirror and a pack of cigarettes. But Benon

0:31:59.280 --> 0:32:03.400
<v Speaker 1>had also found something much more important. He now revealed

0:32:03.440 --> 0:32:08.640
<v Speaker 1>on the stand tire tracks three good Rich Silverton Chords

0:32:08.680 --> 0:32:12.280
<v Speaker 1>and one good Year all Weather. Benton explained, with the

0:32:12.320 --> 0:32:16.200
<v Speaker 1>Goodyear tire on the left rear. These were, of course

0:32:16.400 --> 0:32:20.960
<v Speaker 1>the same tires as those on Haruo DA's car. Benon

0:32:21.040 --> 0:32:24.000
<v Speaker 1>had even taken Horace Da in his sister's car to

0:32:24.080 --> 0:32:27.520
<v Speaker 1>the crime scene to compare the tracks. White clarified when

0:32:27.560 --> 0:32:32.520
<v Speaker 1>the comparison visit had happened Sunday morning, he asked, Benon said, yes,

0:32:33.760 --> 0:32:37.920
<v Speaker 1>William Heen knew how damaging this testimony sounded, but he

0:32:38.080 --> 0:32:41.000
<v Speaker 1>thought he might be able to undermine it. His first

0:32:41.040 --> 0:32:45.000
<v Speaker 1>step was asking for Benton's written report. Keen received it

0:32:45.160 --> 0:32:47.760
<v Speaker 1>right before he began his cross examination of Benton that

0:32:47.800 --> 0:32:51.160
<v Speaker 1>afternoon and had to quickly scan it. Then he began

0:32:51.320 --> 0:32:55.880
<v Speaker 1>questioning Benton. After reviewing the tire evidence, Heen asked Benon

0:32:56.000 --> 0:32:59.200
<v Speaker 1>what exactly he had found at the crime scene. Benon

0:32:59.240 --> 0:33:02.360
<v Speaker 1>walked through the event, recalling the brands of the cigarettes found,

0:33:02.520 --> 0:33:06.240
<v Speaker 1>the various matchboxes, and the pocket mirror. It was clear

0:33:06.240 --> 0:33:09.960
<v Speaker 1>that he was a detail oriented, methodical officer, unlikely to

0:33:10.080 --> 0:33:15.920
<v Speaker 1>miss things or make mistakes. Having established this, Heen dropped

0:33:16.000 --> 0:33:20.480
<v Speaker 1>the hammer. Now, mister Betton, why didn't you include the

0:33:20.560 --> 0:33:25.080
<v Speaker 1>tire marks in your written statement? Keen read Benton's report

0:33:25.160 --> 0:33:29.320
<v Speaker 1>aloud in court. There was no mention of the tire tracks.

0:33:29.960 --> 0:33:33.680
<v Speaker 1>Benen could only offer vague explanations, saying that he didn't

0:33:33.720 --> 0:33:36.480
<v Speaker 1>realize the tire tracks mattered until he knew about harya

0:33:36.560 --> 0:33:40.280
<v Speaker 1>IA's car. On redirect, Griffith White tried to clean things

0:33:40.360 --> 0:33:42.880
<v Speaker 1>up by asking more questions about the visit Betton had

0:33:42.920 --> 0:33:45.640
<v Speaker 1>made to the crime scene with Horace da It had

0:33:45.680 --> 0:33:47.920
<v Speaker 1>only been a few hours after his first inspection of

0:33:47.960 --> 0:33:51.680
<v Speaker 1>the scene been confirmed. This redirect didn't add much to

0:33:51.680 --> 0:33:56.920
<v Speaker 1>Beton's damage credibility, and worse was still to come, but

0:33:56.960 --> 0:34:00.200
<v Speaker 1>for now, Officer Bennon was dismissed and Detective Clue Pony

0:34:00.320 --> 0:34:03.120
<v Speaker 1>returned he told the court that he was unable to

0:34:03.120 --> 0:34:06.680
<v Speaker 1>find his report. This would become a pattern. The defense

0:34:06.680 --> 0:34:09.040
<v Speaker 1>would ask for a police report, only to be told

0:34:09.080 --> 0:34:12.359
<v Speaker 1>it was missing. However, in this case, Keen could still

0:34:12.480 --> 0:34:15.960
<v Speaker 1>question Clooney about the contents of his report. He asked

0:34:16.040 --> 0:34:18.800
<v Speaker 1>Clooney if he had recorded Horace DA's reference to a

0:34:18.840 --> 0:34:22.680
<v Speaker 1>white woman anywhere. Clooney said he had not. When he

0:34:22.880 --> 0:34:26.920
<v Speaker 1>asked why, Clooney admitted it was because quote, I was

0:34:27.000 --> 0:34:31.160
<v Speaker 1>instructed to keep it under cover. Who had instructed him

0:34:31.160 --> 0:34:36.320
<v Speaker 1>to do this? Griffith White, the prosecutor, Clooney said. Clooney

0:34:36.360 --> 0:34:39.560
<v Speaker 1>also admitted that he had only remembered the alleged exchange

0:34:39.760 --> 0:34:44.040
<v Speaker 1>five weeks after Horace Edo was first brought in. Clooney's

0:34:44.080 --> 0:34:48.239
<v Speaker 1>suspicious recollection of this exchange aside, this story was much

0:34:48.320 --> 0:34:51.840
<v Speaker 1>less damaging than it sounded. When Clooney had brought Horace

0:34:51.880 --> 0:34:54.600
<v Speaker 1>to the police station, he had briefly left Horace alone

0:34:54.600 --> 0:34:58.640
<v Speaker 1>while he searched for Captain Macintosh. Police officer Cecil Rickard

0:34:58.680 --> 0:35:01.840
<v Speaker 1>would later admit, months after the trial ended, that he

0:35:01.920 --> 0:35:05.080
<v Speaker 1>had approached Horas during this period and asked him about

0:35:05.120 --> 0:35:08.480
<v Speaker 1>the assault. So Horace had a legitimate reason to know

0:35:08.600 --> 0:35:12.360
<v Speaker 1>that the victim was a white woman. After White introduced

0:35:12.360 --> 0:35:15.600
<v Speaker 1>a few more police witnesses who had helped administer Thalia's

0:35:15.600 --> 0:35:19.279
<v Speaker 1>identification of the suspects, Keen asked for Officer Benton to

0:35:19.320 --> 0:35:22.720
<v Speaker 1>be recalled to the stand. His questions this time around

0:35:22.800 --> 0:35:26.520
<v Speaker 1>focused on Benton's visit to the scene with Horace da

0:35:26.560 --> 0:35:29.319
<v Speaker 1>White had made a point of having Benton emphasized that

0:35:29.400 --> 0:35:32.560
<v Speaker 1>his visit had been on Sunday morning, only hours after

0:35:32.640 --> 0:35:36.480
<v Speaker 1>his first visit, the implication being that the only way

0:35:36.560 --> 0:35:38.920
<v Speaker 1>the tire tracks could have gotten there was during the

0:35:38.920 --> 0:35:43.840
<v Speaker 1>commission of the crime. But he now asked, hadn't this

0:35:44.000 --> 0:35:50.600
<v Speaker 1>second visit actually happened on Monday morning? Yes, Beton admitted.

0:35:51.239 --> 0:35:55.200
<v Speaker 1>Not only had Betton omitted the supposedly crucial tire marks

0:35:55.239 --> 0:35:59.040
<v Speaker 1>from his report, he had now also been caught lying

0:35:59.200 --> 0:36:03.880
<v Speaker 1>on the stand. The prosecution's other main police witness, Captain

0:36:04.000 --> 0:36:07.200
<v Speaker 1>John McIntosh, proved to be no more helpful than Benten

0:36:07.280 --> 0:36:11.040
<v Speaker 1>or Clooney had been. As Chief of Detectives, McIntosh had

0:36:11.080 --> 0:36:14.680
<v Speaker 1>supervised the investigation almost from the beginning. A veteran of

0:36:14.719 --> 0:36:17.799
<v Speaker 1>colonial police forces in South Africa and New Zealand and

0:36:17.840 --> 0:36:21.959
<v Speaker 1>a former sugarcane plantation overseer McIntosh had been brought onto

0:36:21.960 --> 0:36:25.040
<v Speaker 1>the police force, in his own words, quote by the

0:36:25.080 --> 0:36:30.240
<v Speaker 1>business interests and the politicians. McIntosh provided little new evidence

0:36:30.320 --> 0:36:36.200
<v Speaker 1>during his direct examination. His cross, however, was illuminating. Under

0:36:36.280 --> 0:36:40.279
<v Speaker 1>questioning by Heen, McIntosh admitted that Thalia's fingerprints had not

0:36:40.400 --> 0:36:43.560
<v Speaker 1>been found in her ruyo Eda's car, that no seamen

0:36:43.600 --> 0:36:47.240
<v Speaker 1>had been found on Thalia's clothing or on the defendant's clothing,

0:36:47.719 --> 0:36:50.040
<v Speaker 1>and that there were a number of discrepancies between the

0:36:50.080 --> 0:36:52.520
<v Speaker 1>story that Thalia had first told and the one that

0:36:52.560 --> 0:36:56.240
<v Speaker 1>she had told on the stand. White's only other witnesses

0:36:56.280 --> 0:36:59.200
<v Speaker 1>were a few police officers who had helped administer Thalia's

0:36:59.200 --> 0:37:02.800
<v Speaker 1>identification of the defendants, none of whom had much to add.

0:37:03.360 --> 0:37:07.840
<v Speaker 1>After three days and twelve witnesses, White rested the prosecution case.

0:37:08.800 --> 0:37:12.799
<v Speaker 1>White's case was flimsy at best, but as we've seen

0:37:12.880 --> 0:37:16.080
<v Speaker 1>so often, what is happening outside the courtroom can have

0:37:16.160 --> 0:37:20.040
<v Speaker 1>an enormous impact on a jury's decision. Though Judge Deadman

0:37:20.160 --> 0:37:23.200
<v Speaker 1>instructed jurors to avoid reading press coverage of the trial,

0:37:23.400 --> 0:37:25.720
<v Speaker 1>it would be difficult for them to avoid it entirely.

0:37:26.520 --> 0:37:28.799
<v Speaker 1>Many papers put the case on the front page of

0:37:28.840 --> 0:37:33.080
<v Speaker 1>every issue, and often their reporting was highly biased towards

0:37:33.120 --> 0:37:37.720
<v Speaker 1>the prosecution. The Honolulu Advertiser, for example, titled a story

0:37:37.800 --> 0:37:41.680
<v Speaker 1>on Heen's cross examination of Benton quote, defense fails to

0:37:41.760 --> 0:37:46.480
<v Speaker 1>shake officer's story at trial. Not every newspaper was so biased.

0:37:46.920 --> 0:37:49.880
<v Speaker 1>George Wright, a reporter who managed the English language section

0:37:50.080 --> 0:37:53.920
<v Speaker 1>of the Japanese language newspaper Hawaii Hochi, for example, had

0:37:53.960 --> 0:37:56.960
<v Speaker 1>been questioning the predominant narrative of the case from the start.

0:37:57.440 --> 0:38:01.759
<v Speaker 1>As David Stanner describes, quote, two completely different accounts of

0:38:01.800 --> 0:38:05.320
<v Speaker 1>what happened to Thalia Massey on Saturday night, September twelfth

0:38:05.680 --> 0:38:08.800
<v Speaker 1>made their way through the homes and streets and workplaces

0:38:08.840 --> 0:38:13.239
<v Speaker 1>of Honolulu, which, rendition, people believed dependent in large part

0:38:13.320 --> 0:38:16.319
<v Speaker 1>on the newspapers they read, and what they read was

0:38:16.320 --> 0:38:19.400
<v Speaker 1>a consequence of who and what those people were. The

0:38:19.480 --> 0:38:23.120
<v Speaker 1>split in opinion that now was emerging cut right down

0:38:23.160 --> 0:38:27.600
<v Speaker 1>the middle. Howley's on one side, almost everyone else on

0:38:27.640 --> 0:38:30.840
<v Speaker 1>the other. Even if most of the jurors were not

0:38:31.000 --> 0:38:34.320
<v Speaker 1>white themselves, all of them depended on the how the

0:38:34.440 --> 0:38:37.759
<v Speaker 1>elite for their livelihoods, and they were aware of how

0:38:37.800 --> 0:38:42.640
<v Speaker 1>badly their bosses wanted a conviction. As Ben Ahacuello later noted,

0:38:42.920 --> 0:38:46.120
<v Speaker 1>quote all the big guys in town, the guys working

0:38:46.120 --> 0:38:49.120
<v Speaker 1>for the big firms, came and sat in court and

0:38:49.320 --> 0:38:52.040
<v Speaker 1>stared at the jury. What they were saying with their

0:38:52.080 --> 0:38:54.839
<v Speaker 1>eyes was that if this doesn't come out right, you're

0:38:54.840 --> 0:38:57.960
<v Speaker 1>going to get fired. So despite the seeming weakness of

0:38:58.000 --> 0:39:01.840
<v Speaker 1>the prosecution's case, the defects still had a battle ahead

0:39:01.840 --> 0:39:09.520
<v Speaker 1>of them. Fortunately they came prepared to fight. On the

0:39:09.560 --> 0:39:13.880
<v Speaker 1>afternoon of Monday, November twenty third, nineteen thirty one, William

0:39:13.960 --> 0:39:19.080
<v Speaker 1>Heen delivered the defense's opening statement. His argument was simple,

0:39:19.600 --> 0:39:24.040
<v Speaker 1>these defendants could not have committed this crime. To prove

0:39:24.120 --> 0:39:28.319
<v Speaker 1>this argument, the defense presented dozens of witnesses who testified

0:39:28.320 --> 0:39:31.040
<v Speaker 1>to the whereabouts the defendants on the night in question.

0:39:31.960 --> 0:39:35.480
<v Speaker 1>These witnesses, who had either spoken to or seen the defendants,

0:39:35.840 --> 0:39:39.040
<v Speaker 1>could account for almost every minute of the men's movements

0:39:39.080 --> 0:39:43.160
<v Speaker 1>between ten pm and one am. What was more, the

0:39:43.200 --> 0:39:47.319
<v Speaker 1>defense also had witnesses who had likely seen Thalea that

0:39:47.480 --> 0:39:50.880
<v Speaker 1>night at the very time she claimed she had been abducted.

0:39:51.680 --> 0:39:55.279
<v Speaker 1>George and Maimie Goas had attended the dance at Waikiki Park,

0:39:55.680 --> 0:39:58.200
<v Speaker 1>then walked down john Ina Road for a late night

0:39:58.280 --> 0:40:02.279
<v Speaker 1>stack at five, ten minutes after midnight, they saw a

0:40:02.320 --> 0:40:05.520
<v Speaker 1>white woman in a green dress who appeared drunk walk

0:40:05.600 --> 0:40:09.720
<v Speaker 1>past them. Like Thalia, this woman had a distinctive gait.

0:40:10.120 --> 0:40:12.960
<v Speaker 1>She walked with her head tilted down and to the side.

0:40:13.840 --> 0:40:16.960
<v Speaker 1>A white man in a dark suit walked several paces

0:40:17.040 --> 0:40:20.759
<v Speaker 1>behind her. Alice Aramaki, who worked in a barber shop

0:40:20.800 --> 0:40:23.360
<v Speaker 1>on john Ena Rooade, saw what looked like the same

0:40:23.440 --> 0:40:26.000
<v Speaker 1>man and woman a little further down the road a

0:40:26.000 --> 0:40:30.360
<v Speaker 1>few minutes later. The goas and Aramaki also testified that

0:40:30.400 --> 0:40:33.319
<v Speaker 1>they had provided this information to both the police and

0:40:33.480 --> 0:40:35.800
<v Speaker 1>Griffith White as soon as they learned of the attack

0:40:35.840 --> 0:40:40.719
<v Speaker 1>on Thalia. They had provided sworn statements, but the prosecution

0:40:40.920 --> 0:40:45.400
<v Speaker 1>and the police never investigated further. He now followed the

0:40:45.440 --> 0:40:50.200
<v Speaker 1>thread of police incompetence, recalling Captain John Macintosh to the stand.

0:40:51.120 --> 0:40:55.160
<v Speaker 1>Though he had already succeeded in seriously undermining Officer Benton's

0:40:55.200 --> 0:40:59.080
<v Speaker 1>testimony about the tire tracks, Keen had one last blow

0:40:59.160 --> 0:41:03.000
<v Speaker 1>to deliver. He asked Macintosh whether he had gone to

0:41:03.040 --> 0:41:06.360
<v Speaker 1>the scene of the crime after Officer Benten first examined it.

0:41:07.040 --> 0:41:09.960
<v Speaker 1>Macintosh tried to evade the question, but when Heen would

0:41:10.000 --> 0:41:14.279
<v Speaker 1>not relent, he admitted, quote, after I left Massey's home,

0:41:14.400 --> 0:41:18.040
<v Speaker 1>I went down to the premises with Eda's car. Did

0:41:18.080 --> 0:41:22.280
<v Speaker 1>you drive the DA car into these premises? Keen asked,

0:41:23.000 --> 0:41:28.200
<v Speaker 1>I did not. Macintosh replied, but then continued, Sato drove

0:41:28.280 --> 0:41:31.719
<v Speaker 1>the car in there. Henri Satto was the patrolman who

0:41:31.800 --> 0:41:35.239
<v Speaker 1>had driven Macintosh to the scene. Those tire marks that

0:41:35.280 --> 0:41:38.600
<v Speaker 1>the prosecution had made so much of they had been

0:41:38.640 --> 0:41:44.120
<v Speaker 1>made by the police. Keen also asked Macintosh about two witnesses,

0:41:44.600 --> 0:41:49.000
<v Speaker 1>Tatsumi Matsumoto and Robert Vieira. Matsumoto and via were in

0:41:49.080 --> 0:41:52.320
<v Speaker 1>the car that Horace had pulled alongside on Bartania Street

0:41:52.520 --> 0:41:56.080
<v Speaker 1>around twelve fifteen a m. On the thirteenth. Police had

0:41:56.120 --> 0:41:59.760
<v Speaker 1>spoken to both men early in the investigation. Keen wanted

0:41:59.800 --> 0:42:02.400
<v Speaker 1>to know how the police had learned of Matsumoto and Vieira.

0:42:02.960 --> 0:42:06.440
<v Speaker 1>Macintosh said that Griffith White had told police to question

0:42:06.560 --> 0:42:11.080
<v Speaker 1>the men. So William Heen called Prosecutor Griffith White to

0:42:11.120 --> 0:42:15.840
<v Speaker 1>the stand. White was an unhelpful witness. He acknowledged that

0:42:15.920 --> 0:42:18.440
<v Speaker 1>he must have heard about Matsumoto and Vieira from one

0:42:18.480 --> 0:42:21.200
<v Speaker 1>of the defendants, but claimed that he couldn't remember which one,

0:42:21.840 --> 0:42:24.759
<v Speaker 1>but what White actually said didn't matter so much. It

0:42:24.920 --> 0:42:28.680
<v Speaker 1>was the principle of it. White was admitting on the

0:42:28.760 --> 0:42:32.440
<v Speaker 1>stand that from the very beginning of the investigation he

0:42:32.520 --> 0:42:37.040
<v Speaker 1>had been aware of numerous witnesses whose sworn testimony made

0:42:37.080 --> 0:42:40.640
<v Speaker 1>it very unlikely that the defendants could have committed the crime,

0:42:41.239 --> 0:42:45.839
<v Speaker 1>and yet he had still continued with the prosecution. If

0:42:45.880 --> 0:42:48.799
<v Speaker 1>White thought that having to testify in a trial he

0:42:48.920 --> 0:42:53.279
<v Speaker 1>was prosecuting was rock bottom, there was still lower to sink.

0:42:54.000 --> 0:42:58.120
<v Speaker 1>While cross examining Joe Cahabai, one of the defendants, White

0:42:58.160 --> 0:43:01.760
<v Speaker 1>asked Joe about what Horace Eat was wearing on September twelfth.

0:43:02.280 --> 0:43:05.640
<v Speaker 1>Failia had claimed to recognize a leather jacket when identifying Horace.

0:43:06.360 --> 0:43:09.560
<v Speaker 1>When Joe denied that Horace had worn this jacket, White

0:43:09.560 --> 0:43:12.880
<v Speaker 1>brought a transcript of Joe's statement, in which Joe had

0:43:12.880 --> 0:43:16.840
<v Speaker 1>apparently said that Horace had worn the jacket. Do you

0:43:16.960 --> 0:43:22.120
<v Speaker 1>remember saying that? White asked, smugly, that is what you

0:43:22.239 --> 0:43:26.120
<v Speaker 1>put in there? Joe shot back, flustered, White said, not

0:43:26.239 --> 0:43:29.040
<v Speaker 1>what I put in here and tried to change the subject.

0:43:29.880 --> 0:43:32.560
<v Speaker 1>William Heen was only too happy to return to this

0:43:32.640 --> 0:43:36.840
<v Speaker 1>exchange during his redirect. After confirming with Joe that Horace

0:43:36.880 --> 0:43:40.440
<v Speaker 1>had not been wearing a leather jacket, Keen asked, how

0:43:40.480 --> 0:43:42.400
<v Speaker 1>did you happen to say to mister White that he

0:43:42.480 --> 0:43:46.000
<v Speaker 1>did well? Joe said, he put it in the statement,

0:43:46.080 --> 0:43:48.879
<v Speaker 1>and then after I signed the statement, I scratched it out.

0:43:49.680 --> 0:43:52.080
<v Speaker 1>Keen turned to White and asked to see his copy

0:43:52.120 --> 0:43:56.440
<v Speaker 1>of Joe's interview. White, caught in his own net, handed

0:43:56.480 --> 0:44:01.440
<v Speaker 1>over the paper, admitting, quote, it is scratched out. Another

0:44:01.560 --> 0:44:05.200
<v Speaker 1>example of White tampering with the defendant statements soon emerged,

0:44:05.560 --> 0:44:10.480
<v Speaker 1>thanks once again to White himself. Defended, David Takai testified

0:44:10.480 --> 0:44:12.600
<v Speaker 1>that he was the one to tell White about seeing

0:44:12.640 --> 0:44:17.040
<v Speaker 1>Matsumoto on cross White asked, quote, why didn't you put

0:44:17.040 --> 0:44:18.960
<v Speaker 1>in the fact that you saw Matsumoto's car in the

0:44:19.000 --> 0:44:22.879
<v Speaker 1>written statement? I told you this matter, David replied, then

0:44:22.920 --> 0:44:25.680
<v Speaker 1>you told her the stenographer not to put it down.

0:44:26.480 --> 0:44:30.839
<v Speaker 1>Another brilliant own goal by Griffith White. By now, Keen

0:44:30.960 --> 0:44:35.319
<v Speaker 1>had clearly shown prosecutorial and police misconduct, but he also

0:44:35.440 --> 0:44:38.080
<v Speaker 1>wanted to show that many police officers involved with the

0:44:38.120 --> 0:44:41.880
<v Speaker 1>case would back up the defense's account. Not all of

0:44:41.880 --> 0:44:45.400
<v Speaker 1>these police witnesses were enthusiastic about testifying for the defense,

0:44:45.480 --> 0:44:49.719
<v Speaker 1>but they were forthright. After Captain Macintosh had taken over

0:44:49.760 --> 0:44:52.680
<v Speaker 1>the case, he had replaced all the non white detectives

0:44:52.760 --> 0:44:56.759
<v Speaker 1>with white officers. Those replaced included the four detectives who

0:44:56.800 --> 0:44:59.400
<v Speaker 1>had responded to the initial call out to the Massy house.

0:45:00.320 --> 0:45:03.560
<v Speaker 1>All four of these men testified to Thalia's original statement

0:45:04.040 --> 0:45:06.520
<v Speaker 1>in which she said she could not see any faces

0:45:06.640 --> 0:45:10.640
<v Speaker 1>or any details of the car, and Detective Lucciano Machado

0:45:10.880 --> 0:45:14.919
<v Speaker 1>revealed that Thalia had been unsure of her identifications when

0:45:14.920 --> 0:45:18.279
<v Speaker 1>ben Ahacuello was brought in front of her. Thalia had

0:45:18.320 --> 0:45:21.200
<v Speaker 1>only confirmed he was one of her assailants after Captain

0:45:21.280 --> 0:45:25.879
<v Speaker 1>Macintosh whispered to her that he was. After a week

0:45:25.920 --> 0:45:29.360
<v Speaker 1>of testimony from fifty two witnesses, the defense was satisfied

0:45:29.360 --> 0:45:32.160
<v Speaker 1>that they had proven not only that the defendants could

0:45:32.200 --> 0:45:34.759
<v Speaker 1>not have committed the crime, but that the police and

0:45:34.800 --> 0:45:40.360
<v Speaker 1>the prosecutor had lied and manufactured evidence. Given this, Griffith

0:45:40.360 --> 0:45:43.680
<v Speaker 1>White would need to appeal to emotion, not evidence in

0:45:43.719 --> 0:45:47.080
<v Speaker 1>his closing argument, delivered on the morning of December first,

0:45:47.800 --> 0:45:51.839
<v Speaker 1>and emotion White could do this is one of the

0:45:51.880 --> 0:45:56.399
<v Speaker 1>worst cases we have ever had. He began describing how

0:45:56.480 --> 0:46:01.799
<v Speaker 1>Thalia Massey, a quote, young inexperienced girl, had just been

0:46:01.840 --> 0:46:06.440
<v Speaker 1>taking a walk when quote she was assaulted by beasts.

0:46:06.920 --> 0:46:11.279
<v Speaker 1>Would the jury further victimize Thalia by rejecting her testimony

0:46:11.360 --> 0:46:16.640
<v Speaker 1>and labeling her a quote unmitigated liar. He knew they

0:46:16.680 --> 0:46:21.759
<v Speaker 1>would not. They would quote be men, he insisted, and

0:46:21.800 --> 0:46:24.319
<v Speaker 1>they would consider what they would want done if their

0:46:24.360 --> 0:46:28.000
<v Speaker 1>wives were harmed. You would want to go down and

0:46:28.160 --> 0:46:32.400
<v Speaker 1>shoot the men, White said, to avenge not just Thalia,

0:46:32.760 --> 0:46:37.640
<v Speaker 1>but Tommy Massey too. They must find the defendants guilty.

0:46:38.960 --> 0:46:43.800
<v Speaker 1>All three defense lawyers gave closing arguments. Robert Murakami, representing

0:46:43.880 --> 0:46:47.759
<v Speaker 1>David Takai, focused on the defendant's alibis, saying that in

0:46:47.800 --> 0:46:50.480
<v Speaker 1>the face of the timeline quote, I doubt that the

0:46:50.520 --> 0:46:54.440
<v Speaker 1>prosecuting attorney, as a reasonable man, can honestly believe that

0:46:54.480 --> 0:46:58.040
<v Speaker 1>these are the men. In his closing Bill Pittman was

0:46:58.239 --> 0:47:03.680
<v Speaker 1>less generous towards the prosecute. This entire case, Pittman stated,

0:47:04.120 --> 0:47:07.880
<v Speaker 1>is a frame up. A prosecutor's job was to seek truth,

0:47:08.080 --> 0:47:12.080
<v Speaker 1>not a conviction that any costs. He continued and though

0:47:12.120 --> 0:47:14.920
<v Speaker 1>he thought rape was a terrible crime, Pittman thought that

0:47:14.960 --> 0:47:19.839
<v Speaker 1>there was quote a worse crime, one more heinous, and

0:47:19.960 --> 0:47:24.640
<v Speaker 1>that is sending innocent men to the penitentiary. Pittman concluded,

0:47:24.640 --> 0:47:28.120
<v Speaker 1>by exhorting the jurors not to commit this crime. You

0:47:28.239 --> 0:47:32.479
<v Speaker 1>cannot if you are honest and upright men, convict these men.

0:47:33.400 --> 0:47:36.560
<v Speaker 1>I know these men are innocent, and I know this

0:47:36.719 --> 0:47:41.200
<v Speaker 1>jury will not swerve from its duty of acquitting them.

0:47:41.760 --> 0:47:46.200
<v Speaker 1>William Heen gave the final defense closing, he combined Murakami

0:47:46.320 --> 0:47:49.800
<v Speaker 1>and Pittman's approaches, walking through all the evidence that proved

0:47:49.800 --> 0:47:53.000
<v Speaker 1>his clients were innocent and incapable of committing the crime.

0:47:53.520 --> 0:47:56.520
<v Speaker 1>The only crimes that this trial had proven, Keen said,

0:47:56.880 --> 0:47:59.880
<v Speaker 1>were those committed by the police officers like Officer Ben,

0:48:00.600 --> 0:48:05.200
<v Speaker 1>who had perjured themselves. They had only done so, Heen believed,

0:48:05.239 --> 0:48:09.120
<v Speaker 1>because of quote the public clamor to crucify the defendants

0:48:09.120 --> 0:48:12.640
<v Speaker 1>on a cross of prejudice and sentiment. He pointed out

0:48:12.680 --> 0:48:16.480
<v Speaker 1>that other police officers had resisted this pressure and testified honestly.

0:48:17.200 --> 0:48:20.799
<v Speaker 1>Wasn't their word worth as much as anyone else's? Or?

0:48:21.080 --> 0:48:24.880
<v Speaker 1>He asked, quote, are we to disregard the testimony? Of

0:48:24.920 --> 0:48:30.719
<v Speaker 1>these witnesses simply because they are Hawaiian, Chinese, Japanese or Portuguese.

0:48:31.719 --> 0:48:35.400
<v Speaker 1>He concluded by asking the jurors to be quote honest

0:48:35.520 --> 0:48:39.200
<v Speaker 1>and courageous in reaching your verdict and return a verdict

0:48:39.480 --> 0:48:44.880
<v Speaker 1>of not guilty. Griffith White came out swinging in his rebuttal.

0:48:45.440 --> 0:48:48.560
<v Speaker 1>If anyone has been crucified, he said, it is this

0:48:48.880 --> 0:48:52.640
<v Speaker 1>lovely girl who crucified herself to protect other women of Honolulu.

0:48:53.280 --> 0:48:56.480
<v Speaker 1>White briefly addressed the evidence again, calling the officers who

0:48:56.520 --> 0:48:59.920
<v Speaker 1>testified for the defense quote traders and said that Off

0:49:00.280 --> 0:49:04.840
<v Speaker 1>Benton's testimony quote still stands unchallenged. But for his final

0:49:04.880 --> 0:49:08.320
<v Speaker 1>message to the jury, he fell back on emotional appeals.

0:49:08.920 --> 0:49:12.000
<v Speaker 1>What we call upon you, the gentlemen of the jury,

0:49:12.040 --> 0:49:16.719
<v Speaker 1>for White said, is to vindicate Hawaii, to show that

0:49:16.800 --> 0:49:21.320
<v Speaker 1>you will protect your women, stand together for a true verdict,

0:49:21.640 --> 0:49:27.240
<v Speaker 1>and thus justify your manhood. The jury received the case

0:49:27.320 --> 0:49:31.480
<v Speaker 1>around nine pm on Wednesday, December second. People thought it

0:49:31.480 --> 0:49:34.640
<v Speaker 1>would be a quick deliberation, but for very different reasons.

0:49:35.280 --> 0:49:38.799
<v Speaker 1>Many navymen and other Howleys thought that the prosecution had

0:49:38.840 --> 0:49:42.880
<v Speaker 1>it in the bag. Many others thought acquittal would be immediate.

0:49:43.520 --> 0:49:48.040
<v Speaker 1>Both groups were wrong. The jury deliberated for nearly one

0:49:48.120 --> 0:49:52.359
<v Speaker 1>hundred hours. Tempers got so heated that several jurors got

0:49:52.440 --> 0:49:56.520
<v Speaker 1>into a physical fight. William Heen called for a mistrial.

0:49:57.200 --> 0:50:01.759
<v Speaker 1>Judge Steadman admonished the jurors. Eventually, they claimed they could

0:50:01.760 --> 0:50:05.440
<v Speaker 1>not reach a verdict. Stedman told them to keep trying,

0:50:06.400 --> 0:50:10.240
<v Speaker 1>but finally, at ten p m. On Sunday, December sixth,

0:50:10.480 --> 0:50:14.680
<v Speaker 1>nineteen thirty one, he accepted that the jury was deadlocked.

0:50:15.880 --> 0:50:18.800
<v Speaker 1>In the case of the Territory of Hawaii v. Ben

0:50:18.880 --> 0:50:28.040
<v Speaker 1>Ahacuello at Al, Judge Deadman declared a mistrial. Chaos irrupted

0:50:28.160 --> 0:50:31.640
<v Speaker 1>at the news of the mistrial. Some people were thrilled

0:50:31.680 --> 0:50:36.759
<v Speaker 1>with the outcome, others were furious. Admiral Yates Sterling called

0:50:36.760 --> 0:50:40.919
<v Speaker 1>the result quote a stupid miscarriage of justice which could

0:50:41.000 --> 0:50:44.000
<v Speaker 1>have been avoided if the territorial government had shown more

0:50:44.040 --> 0:50:48.200
<v Speaker 1>inclination to sympathize with my insistence upon the necessity of

0:50:48.239 --> 0:50:52.680
<v Speaker 1>the conviction. The defendants, he concluded, were not men who

0:50:52.680 --> 0:50:55.280
<v Speaker 1>should have been given the benefit of a reasonable doubt.

0:50:56.120 --> 0:51:02.000
<v Speaker 1>Grace fordescue Thalia's mother, vehemently agreed. She had traveled to

0:51:02.040 --> 0:51:05.799
<v Speaker 1>Hawaii shortly before the trial and had been horrified by

0:51:05.840 --> 0:51:09.600
<v Speaker 1>what she saw as immoral racial integration. She had made

0:51:09.640 --> 0:51:12.240
<v Speaker 1>a habit of calling the police on her Hawaiian neighbors

0:51:12.600 --> 0:51:17.080
<v Speaker 1>and had requested that only white nurses treat thelia. The mistrial,

0:51:17.239 --> 0:51:20.239
<v Speaker 1>in grace Fordescue's mind, was yet another symptom of the

0:51:20.360 --> 0:51:24.160
<v Speaker 1>dangerous erosion of white supremacy in the territory. She could

0:51:24.200 --> 0:51:27.280
<v Speaker 1>not bear the thought of a second trial ending without conviction.

0:51:28.040 --> 0:51:31.320
<v Speaker 1>If the legal system could not guarantee her the outcome

0:51:31.440 --> 0:51:35.200
<v Speaker 1>she wanted, she thought she'd just have to take matters

0:51:35.239 --> 0:51:39.640
<v Speaker 1>into her own hands, and so grace Fordescue bought a

0:51:39.719 --> 0:51:45.719
<v Speaker 1>gun and she began to plot to find out what

0:51:45.800 --> 0:51:49.040
<v Speaker 1>happens next. Join me next week for part two of

0:51:49.080 --> 0:51:53.040
<v Speaker 1>the Massy Case. Thank you for listening to History on Trial.

0:51:53.360 --> 0:51:56.040
<v Speaker 1>If you enjoyed this episode, please consider leaving a rating

0:51:56.120 --> 0:51:58.520
<v Speaker 1>or review. It can help new listeners find the show.

0:51:59.239 --> 0:52:01.720
<v Speaker 1>To see images the people and places in this episode,

0:52:01.920 --> 0:52:05.960
<v Speaker 1>check out our instagram at History on Trial. My main

0:52:06.000 --> 0:52:09.120
<v Speaker 1>sources for this episode were David E. Stannard's book on

0:52:09.200 --> 0:52:13.760
<v Speaker 1>Our Killing, Race, Rape and Clarence Darrow's Spectacular Last Case,

0:52:14.200 --> 0:52:17.480
<v Speaker 1>and the trial transcripts published by the University of Minnesota's

0:52:17.480 --> 0:52:21.319
<v Speaker 1>Clarence Sterow Digital Collection. For a full bibliography, as well

0:52:21.320 --> 0:52:24.080
<v Speaker 1>as a transcript of this episode with citations, please visit

0:52:24.080 --> 0:52:30.080
<v Speaker 1>our website History on Trial podcast dot com. History on

0:52:30.120 --> 0:52:34.080
<v Speaker 1>Trial is written and hosted by me Mira Hayward. The

0:52:34.120 --> 0:52:37.799
<v Speaker 1>show is edited and produced by Jesse Funk, with supervising

0:52:37.840 --> 0:52:42.880
<v Speaker 1>producer Trevor Young and executive producers Dana Schwartz, Alexander Williams,

0:52:43.200 --> 0:52:46.880
<v Speaker 1>Matt Frederick, and Mira Hayward. Learn more about the show

0:52:46.960 --> 0:52:50.920
<v Speaker 1>at History on Trial podcast dot com and follow us

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0:52:55.480 --> 0:53:00.400
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