Testimony of Dr. John Porter, the physician who examined Thalia Massie after her alleged assault

[Prosecutor Wight] Q: Could four or six men have [had] sexual intercourse with her without showing any result?

A: It may or may not. It would be perfectly possible to be done without physical showing.

Q: She will never get back to normal?

A: I don't think [her jaw] will be absolutely normal. I think she will probably always have a little lump.

Cross-examination

[Defense attorney Heen] Q: You knew Mrs. Massie before that time, did you?

A: Yes, sir. I had attended her husband when he was sick several weeks before, sir. ...

 

Testimony of George Clark, one of those who picked up Thalia Massie along Ala Moana Road

[Heen] Q: And you say it was about one o'clock when you met Mrs. Massie?

A: About that time. I would not say five minutes one way or the other. It may have been before one or it may have been a little after one.

 

Testimony of Officer Claude Benton, who investigated thescene of the alleged attack

Defense attorney Heen challenges Benton's testimony, based on tire evidence, that the defendant's car was at the scene of the attack and that the car had turned off of Ala Moana Road into the Quarantine Grounds at forty miles per hour:

[Heen] Q: Now, will you please draw on the blackboard the tread of a Seiberling tire?

A: I'll do my best. I'm not a very good artist. [Draws.]

Q: How would you describe these markings on the side?

A: Well, it's not diamond-shaped It is not round-shaped. It is more or less kind of like a four-leaf clover.

Q: How many types of Seiberling tires are there?

A: That I can't tell you.

Q: Now, without rubbing that off, will you please make a diagram of a "Double-Eagle" Goodyear tire? Are there any grooves in a "Double-Eagle"?

A: There is.

Q: How many grooves?

A: Two.

Q: Similar to the Seiberling?

A: Yes.

Q: How about the "De Luxe" Goodyear?

A: The "De Luxe" Goodyear is practically the same only a heavier duty tire.

Q: What is the difference in tread between the "De Luxe" and the "All-Weather"?

A: The "All-Weather" hasn't perhaps the same markings as the tires have today, but formerly they didn't have the center strip in them. Before, they had the diamonds running all the way across.

Q: And you say that they have no grooves?

A: None in my experience in tires.

Q: How far does your experience go with reference to "All-Weather" Goodyear?

A: My dealings with tires were up until four years ago.

Q: Has there been any change in tread in the "Pathfinder" tire during the past four years?

A: Yes. I would say every ninety days they make a change in the type of tire.

Q: Has there been any change in the type of "Pathfinder" tire lately?

A: I wouldn't swear, but during my experience in tires they make changes.

Q: When did you last see a "Pathfinder" like that [indicating one of many sketches he had had Benton draw on the blackboard]?

A: To the best of my knowledge, the last time I had any dealings with a "Pathfinder" tire was four years ago.

Q: Are all "Silvertowns" built the same way?

A: I wouldn't say that they were.

Q: You don't know?

A: No, sir.

Q: That [indicating the blackboard] is the only kind of "Silvertown" that you are familiar with?

A: At present, yes.

Q: I show you what appears to be a "Silvertown" tire, Goodrich, where the markings are not similar to this. [Hands newspaper ad.] You ever seen a Goodrich "Silvertown" tire like that before?

A: Similar to that. This is the very latest tire out.

Q: You will notice in this picture, on one side of the center line the marks run in one direction and on the other side of the center line they run in another direction. Seeing that, you say that that is similar to your drawing on the blackboard? You see that it is different, is it not, from this picture?

A: In a way it is similar.

Q: Your judgment is based simply on the markings of the tire at the time when you examined the marks?

A: My judgment is based simply that I have had experience with quite a lot of automobiles, and traveling on this loose dirt it would kick it up to that effect.

Q: Based on your experience?

A: Yes.

Q: What kind of dirt did you see there at that time?

A: Loose wet gravel.

Q: Number four gravel or number three gravel?

A: I am not familiar with the numbers of gravel. It is just loose gravel.

Q: Could you measure the distance [the dirt] spread [away] from the center of the tire?

A: I didn't measure it. No. But on the one side it was piled up and scattered.

Q: If that had been only sand, how far would the sand have spread going 30 miles an hour?

A: According to how deep it was.

Q: How deep was that?

A: Spread about the same as gravel did....

Q: Didn't you find two packs of cigarettes there [at the alleged crime scene]?

A: I only found the Lucky Strikes.

Q: Only one pack of Lucky Strikes?

A: Yes sir.

Q: Didn't you find a scarf there?

A: I did not.

Q: Did you find a handkerchief there?

A: No, sir.

Q: How do you remember that [of] those two boxes [of matches] one was a Parrot brand and one was a Lancer brand?

A: I just remember it.

Q: You thought it was worth while to remember that?

A: Absolutely.

Q: Did you find an empty package of Lucky Strikes?

A: No, sir.

Q: Did you find an empty package of Camels?

A: No, sir.

Q: Did you find an empty package of Chesterfields?

A: No, sir.

Q: You sure of that? A: I'm sure.
Q: This is your handwriting at the bottom of this report?

A: It is.

Q: Is that your signature?

A: Yes.

Q: The report says you picked up two packages of Lucky Strikes, a package of Chesterfields, some matches and a handkerchief...

A: I can't recall that.

Q: You mean you have forgotten whether you found those there or not?

A: It could be possible. I only remember a full package of Lucky Strikes.

Q: Now, Mr. Benton, isn't it true that tire treads are changed quite constantly?

A: Yes. Changed very frequently.

Q: Were these new tires or old tires-from the wear?

A: They were almost worn out.

Testimony of Inspector John Mcintosh.

Cross-examination:

[Heen] Q: On your direct examination you stated that she told you it was about midnight when she left the Ala Wai Inn to take a walk for fresh air?

A: That is what she told me in her statement. "Around about midnight," I think are the words she used.

Q: Now it appears in your written statement that you took at that time, on page 44 of this [note]book, you have this: "Around 12:30 or 1 A.M. I decided to go for a walk and some air."

A: If that is there, that is what she said.

Q: Between 12:30 and 1 A.M.?

A: I don't dispute that. If that is there, that is what she said....

Q: Did you show [Thalia Massie] the Ida car, 58-895?

A: I did.

Q: Was she unable to point out anything in that car?

A: She wasn't able to identify the car.

(Excerpts from Peter Van Slingerland, Something Terrible Has Happened (1966))


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