A Death in the Islands: The Unwritten Law and the Last Trial of Clarence Darrow

by Mike Farris

Lies, murder, and a legendary courtroom battle threaten to tear apart the Territory of Hawaii.

In September of 1931, Thalia Massie, a young naval lieutenant’s wife, claims to have been raped by five Hawaiian men in Honolulu. Following a hung jury in the rape trial, Thalia’s mother, socialite Grace Fortescue, and husband, along with two sailors, kidnap one of the accused in an attempt to coerce a confession. When they are caught after killing him and trying to dump his body in the ocean, Mrs. Fortescue’s society friends raise enough money to hire seventy-four-year-old Clarence Darrow out of retirement to defend the vigilante killers. The result is an epic courtroom battle between Darrow and the Territory of Hawaii’s top prosecutor, John C. Kelley, in a case that threatens to touch off a race war in Hawaii and results in one of the greatest miscarriages of justice in American history.

Written in the style of a novel, but meticulously following the historical record, A Death in the Islands weaves a story of lies, deception, mental illness, racism, revenge, and murder—a series of events in the Territory of Hawaii that nearly tore apart the peaceful islands, reverberating from the tenements of Honolulu to the hallowed halls of Congress, and right into the Oval Office itself, and left a stain on the legacy of one of the greatest legal minds of all time.

Genres: True Crime, History, Nonfiction, Crime, Ebooks, American History, Mystery

332 pages, Hardcover

First published November 8, 2016

About the author

MIKE FARRIS is a 1983 cum laude graduate of Texas Tech University School of Law, where he was an associate editor on the Texas Tech Law Review and was inducted into the prestigious Order of the Coif. Mike joined the Dallas firm of Vincent Lopez Serafino Jenevein, P.C., as Of Counsel in 2010, where his practice includes complex commercial litigation as well as entertainment law, focusing on the movie and publishing industries.
As a literary agent, Mike has placed several award-winning novels for publication, including Balaam Gimble’s Gumption by Mike Nichols, winner of the Texas Institute of Letters John Bloom Humor Award, and Sheldon Russell’s Dreams to Dust: A Tale of the Oklahoma Land Rush, winner of the Langum Prize for Excellence in American Historical Fiction. Mike also represents various university presses and has successfully placed subsidiary rights to their published books, including negotiating the sale of movie rights to producers and Hollywood studios.
Mike was the 2014 Chair of the Dallas Bar’s Sports and Entertainment Law Section, after serving as Vice-Chair in 2011 and previously serving as Chair in 2012 and 2009. He is also the editor of the State Bar of Texas Entertainment and Sports Law Journal and is an adjunct professor at the University of Dallas in its Sports & Entertainment Management MBA program, where he serves on the Sports & Entertainment Advisory Board. He has taught trial advocacy as an adjunct professor at Texas Wesleyan University Law School and creative writing at Richland College in Dallas.
Mike is much in demand as a presenter at writers’ conferences around the country, speaking on topics ranging from legal issues for writers and understanding publishing contracts to principles of cinematic storytelling. He created and taught a seminar sponsored by the Dallas Bar’s Sports and Entertainment Law Section entitled Beyond Briefs: Other Forms of Fiction Writing for Lawyers, and is a regular presenter at the La Jolla Writers Conference. He has taught seminars on the art and craft of adapting source material into screenplays, and has adapted the novels of Air Force U-2 pilot-turned-New York Times-best-selling novelist Patrick A. Davis (novels adapted are The Passenger and A Long Day for Dying), as well as the award-winning novel Balaam Gimble’s Gumption, by Mike Nichols, which was produced as a short film by Dallas’s Blue Logic Productions. As a screenwriter, he is a multi-time semifinalist in the Nicholl Fellowships in Screenwriting and the Page International Screenwriting Awards. In 2014, his script The Catch was a Nicholl semifinalist, placing it in the top 3% out of 7,511 entries.
As a book writer, Mike collaborated with former ABC-TV anchorman Murphy Martin to write Martin’s memoir of his years in journalism, entitled Front Row Seat: A Veteran Reporter Relives the Four Decades That Reshaped America (Eakin Press). In 2009, the University of Oklahoma Press released Call Me Lucky: A Texan in Hollywood, Mike’s collaboration with rodeo cowboy-turned-actor/producer/director Robert Hinkle on Hinkle’s memoir of his years in show business. He is also the author of five published novels: Kanaka Blues (Savant Books), Manifest Intent (Savant Books), Rules of Privilege (Savant Books), The Bequest (Stairway Press), and Wrongful Termination (Untreed Reads). His thriller Every Pig Got a Saturday is set for a winter 2014-2015 release from John M. Hardy Press.

Reviews

[Erynn · Rating 4 out of 5]

I had never heard of this case before and when BookBub introduced it, I jumped right on it. I liked Clarence Darrow, courtesy of his famous trials, and was curious about his "last case".
He didn't appear in this book until rather far into it, after the accusation that started a domino effect.
This book was a great account of a part of the legal history of Hawaii. Thalia Massie, wife of Tommie Massie a Navy Lieutenant, was picked up near one a.m. on Ala Moana Road in Hawaii one night, claiming some Hawaiian men had beaten her. Later, her accusation turned from assault and battery to a brutal gang rape.
Five men were caught up in this storm - only four of which were questionably identified (I won't go into too much more detail as I don't want to spoil this book).
I found myself angered at the miscarriage of justice by the end of this book. I would love to go into a much longer discussion, but I cannot let myself spoil how everything ended up for those, like me, who have (or had) no knowledge of this case.
Everything was well presented and, to me, unbiased as best as it could be. I do recommend it as a good read, though.

[Kate · Rating 5 out of 5]

Excellent and meticulous research combined with a literary journalistic style make this a compelling read. I already knew the story of the horrific 1930s Massie Case so no surprises there. Not a pleasant book to read because of the subject matter: racism, deceit in leadership, arrogance, white supremacy, oh all the evils of cultural imperialism parade through. Essential that we look deep into the dark heart of our shadow. This work is part of that, especially for anyone wanting to engage with the complexity which is Hawaii.

[Calzean · Rating 3 out of 5]

Meticulously researched and well written true story of a Saturday night that went horribly wrong. I was fascinated to see the attitudes of the white US citizens versus the non-white Hawaiians in the early 1930s was like the old South of the masters and slaves. Also the operation of the "legal" system in those days was more than a bit scary. More than scary was how one was of the alleged rapists was murdered and the killers (all white) were paroled by the Governor as soon as their sentences were set by the judge. Even more scary was the senior Navy man in Hawaii - Admiral Stirling. A lot of unsettling attitudes, actions and outcomes.

[Stephanie · Rating 4 out of 5]

September 1931, Honolulu, Hawaii. Thalia Massey, a naval lieutenants' wife, claims to be the victim of gang rape by five Hawaiian men. Following a hung jury in the rape trial, mother of Thalia and socialite Grace Fortescue, decides to take matters into her own hands. With the aid of Thalia's husband and two of his naval colleagues, they kidnap one of the accused in an attempt to coerce a confession and ultimately kill him in the process. They are caught attempting to dump the body in the ocean and are arrested. With the help of Fortescues' high-society friends, renowned lawyer Clarence Darrow is brought out of retirement to defend the vigilante killers, which results in one of the greatest miscarriages of justice in United States history and threatens to touch-off a race war in Hawaii.

I first saw a documentary about these cases on Netflix, so was a little familiar with the subject matter. However, television can only provide so much information, whereas a book can show you the depths.

Mike Farris has not only meticulously researched these cases, but has managed to captivate the reader with the combination of legal accuracy and journalistic literary style. This combination provides a compelling read, particularly for this subject matter. The subject matter itself is unpleasant: lies, deceit, prejudice, racism, mental illness, revenge, and political power play. It also leaves a permanent stain on the legacy of Clarence Darrow; a man considered by many as one of the greatest legal minds of all time.

I recommend people read this book, as it is a valuable lesson in social history as well as true crime. Well written, meticulously researched, and thought provoking.

[Ardys Richards · Rating 5 out of 5]

Compelling and tragic true story about a rape and trial and a death. Very thoroughly researched and easy to devour.

[Liz · Rating 5 out of 5]

Fascinating and true story of two related trials in 1930's territorial Hawaii, both of which epitomize gross miscarriage of justice.

In Sept of 1931 a young woman named Thalia Massie claimed she was raped by five or six Hawaiian men on a deserted road. Evidence told a vastly different story, but the trial moved forward. Social, racial, and governmental forces all played a role in the staging and outcome of that trial.

Fast forward a couple months and Lt. Thomas Massie, Thalia's husband, two of his navy friends, and Grace Fortescue, Thanlia's mother, seek out one of the alleged rapists for a revenge killing. The ensuing trial brings out none other than legal luminary Clarence Darrow, in what would become his last trial.

This book documents the complexities of the case, fleshes out the personalities of the players, and places the story in its proper societal context. The author's narrative style provides a stimulating, compelling read.

[Judalon · Rating 5 out of 5]

In many ways this was a heartbreaking read. It shattered my opinion of Darrow for one thing. Also, while aware of how horribly American Indians were treated in the invasion of their land by Europeans I hadn't considered what Hawaiian native people suffered. I grew up in such a non-racist home & one of my older brothers was full blooded American Indian, skin color just wasn't an issue I thought it was normal for everyone to be unique in their own physical attributes. This case that the book centers around is eye-opening, tragic and drives home the dangers of making judgements without knowing all the facts, the dangers of letting economy rule over morality and how flawed we humans are. The case seemed so logical that the young men never should have been charged. I kept waiting for the woman accuser to have her behavior & lovers trotted out since the entire Navy base had either been with her or knew those who had, but in that time her family prestige and money won out. It's a good read.

[Nancy Mills · Rating 3 out of 5]

An interesting and captivating read. Knowing almost nothing about Hawaiian history, I found particularly interesting the strained relationship between the Hawaiians and the white immigrants and particularly the Navy. The book is about an alleged rape of a naval wife (who sounds like a troublemaker to begin with, to me) by native Hawaiians and the emotional trial that ensues ... and then some of the Navy guys decide to take the law into their own hands. Clarence Darrow defends them.
The whole thing is maddening, and their is an unexpected twist (for me) at the end.
Worth reading. Lots of small editorial errors, which someone who had borrowed it from the library before me circled in politely pale pencils, to my amusement. This did not detract from my enjoyment of the book; however, if you're the anal grammar police type, consider yourself warned.

[Joanne Alexander · Rating 3 out of 5]

This book concerns two crimes and two trials in Hawaii in 1931 and 1932. The first crime, a reported rape of a Navy wife by a carful of Hawaiians sets off the second crime, the murder of one of the young men by the husband and society mother of the woman who was attacked. Most of the book was only so-so, with a lot of names to keep track of and shifting details of the reports and evidence, which was clearly mishandled. The most interesting part of the book was the last 70 pages. This is the trial of the second crime, the murder, and is the one where the famous Clarence Darrow comes out of retirement to be the defense lawyer for the accused murderers. This part was really a good read, and I did consider upping my rating to 4 stars because of it, but, overall, the book just doesn't rise above average.

[Joan Maclin · Rating 4 out of 5]

This is a very unfortunate story in almost every respect, but the book is well written and fascinating. It is most disturbing to read and understand that blatant racism at play, the power of political pressures and wholesale disregard for factual evidence (or lack thereof). We can only hope that progress has been made in the intervening 87 years. The participation of Clarence Darrow as a defense lawyer comes late in the book and story but certainly tarnishes his career as lawyer for the damned, but he is far from the least likeable of the notable characters in this book.

[Susan · Rating 3 out of 5]

A compelling story of a pair of trials in 1931 originating with the false accusation of a white woman against several Hawaiian men. The form is a novel but, unfortunately, it is very poorly structured because it follows the actual non-fiction plot. The testimony follows the trail transcripts and, while sensational, is often also quite tedious. The author definitely focused on legal accuracy rather than imaginative storytelling.

[Too Many Toys · Rating 4 out of 5]

It was an interesting and entertaining book. It was a good balance of story versus background. The author managed to present a supported factual story without creating a dry history book. The presentation of the characters was a little too black and white for me and detracted from the credibility of the conclusions. It is a lesser heard example of racism and helps to provide an understanding of some of the tensions between native Hawaiians and white people that still exist today.

[Tim · Rating 5 out of 5]

What a festinating and sad story. Having been to HI many times for work I was drawn to this book. I hoped it would live up to billing and I truly enjoyed the book. The writing is very good, Mr. Farris builds the story and characters and made me feel like I was watching the trials. The sad part is how the US treated the native HI people in the 1930s. If you enjoy a good legal story, you will enjoy this book. Myself I will look for one of Mr. Farris other books.

[Anita Hollingsworth · Rating 5 out of 5]

At the time I bought this book, I knew nothing about the Ala Moana boys and I had always held Clarence Darrow in high esteem. But after reading the book, my view of the legendary lawyer is now tarnished. After a few false starts, I finally found a rhythm to the story and by the end was completely enthralled by the final courtroom drama. I also appreciated the PostScript of what happened to all of those involved after the case ended.

[Dorothy · Rating 2 out of 5]

Some typos and other errors in the kindle edition. I read this on the weekend that the Charlottesville mess happened, so it was jarring to see just how far this country hasn't come from bigotry and stereotypes.

Well researched, tragic story. Dims the legend of Darrow in my mind.

Quick, painful read. No pictures in the kindle. Hate it when that happens.

[C.E. DeJoria · Rating 5 out of 5]

Real crime narrative

This book tells the story of an incident that took in the then territory of Hawaii in the early 1930's, the racial tension it exposed, the lives that were forever changed and finally what became of the players. It is a written documentary with quotes from the police investigations and trials.

[Sandra · Rating 4 out of 5]

Slow to get started, but turned into an interesting read. It is enlightening to look back at other times and places, and certainly Hawaii in the 1930's fits that profile. Not only how different were attitudes and mores, but how different was the practice of law. For those who think we have made no progress, this is a lesson in social history.

[Johanna Strother · Rating 5 out of 5]

Tragedy

A colossal miscarriage of justice indeed. I kept reading in horrid fascination about the awful chain of events that occurred, and couldn't still my hope that today's advances in forensic technology would keep something like this from happening again. Prayers for Joe K and his family and shame on Thalia and hers.

[William Brown · Rating 4 out of 5]

A True Landmark Case

This is an interesting account of, not only a twisted episode in a doomed relationship, but also of a dark chapter in the history of a beautiful land - a tale of blatant racism in paradise. Things get tedious at times when the author relies too heavily on boring transcripts laden with back and forth legalese. Otherwise: outstanding.

[Dinalyn Spears · Rating 4 out of 5]

History of injustice continues

learning about how indigenous people of Hawaii were subject to the same injustices as the the indigenous nations on the main land. As well as people of color in general. 1931 to present. Those who claim they are the dominant society continue to oppress. How does ones skin color make one less human?

[Kay M · Rating 4 out of 5]

Rehashed

I appreciated that this story has been written about many time before Farris. I liked the sequencing of Farris s book and especially the timelines and the epilogue. I liked that he presented the many characters with all their faults and good points. This book will be the definitive retelling with all of the acknowledged prejudices of the times.

[Earl · Rating 4 out of 5]

This is riveting reportage of bad behavior in the Hawaii in the early 1930s. Farris is a master of primary documentation and "A Death in the Islands" is a brilliantly constructed and thrilling experience.

[Jim McCarron · Rating 3 out of 5]

Clarence Darrow barely makes an appearance. I feel that the title is a bit misleading, however, the way the Massie Case was explored was well done. I would definitely give a higher rating if there had been more about Darrow.

[jessica · Rating 4 out of 5]

Pre-WWII Hawaii, a white Naval officer's wife accuses Natives of raping her; disturbing account of racism, vigilantism and the infamous Clarence Darrow (who doesn't represent who you might expect in this debacle)

[Peggy Price · Rating 4 out of 5]

A detailed telling of a racially fueled incident. Well written and well researched.

[Edward Sullivan · Rating 3 out of 5]

A compelling, sometimes gripping, true crime story but I would have liked more insight into Clarence Darrow's role.

[Shelly · Rating 2 out of 5]

I thought this would be an interesting book, but it never caught my attention. I found myself skipping lots of pages and finally giving up.

[AL · Rating 4 out of 5]

Very informative. A bit dry in places but should be read.

[Ben Rocky · Rating 3 out of 5]

Interesting subject matter, amateur writing

[Phoenix · Rating 4 out of 5]

This book was so frustrating to read, I wanted to hit everyone over the head. No justice at all for Kahahawai.