Newspaper Page Text
2
Wounded Lian Listens to the Testimony of Witnesses for the Prosecution
GRACE LIES ONSTRETCHER IN COURT,HIDDEN FROM HIS WIFE
First Witnesses lel 1 How The\ Broke in the
•”Doorot His Room in the West Eleventh
Street House and Found Him Near Death. I
Continued From Page One.
vhose condition reporters had kept their ‘death watch foe weeks I
upon weeks
And if Eugene Grace was cool in mind, the woman Im accuses I
: eenied m' hss so. Sh<» sat by Ihe si<l:■ of her l:i w yers, her arms up on I
Illi' table, her brow occa-domdly wrinkling into three vertical lines i
above the nose, her mouth
tmotion eanie whi'ii her wounded husband was borne into the court '
room by his brother Elks. and it was here that she was given the re-i
Storativc Sim ralli <1 quickly. ami the incident was barely noticed.
The morbid throng, half woim n in ga) attire, who came to look I
E JI
-dr ’T ,1 aMBMB
r BKH ' H,L >' EivTA itlgjfwK fIK
'WWlMWilfr z I v
'■-•A.' <t ' - .* *» ® ix-w, .
HSMS* ‘vk *'* ' J J .
Mr •' ' «/ u. ;
jmmß \w3Hmwlm
Mrsl >a isy (tpie (11 •..<•, on trial 1 oda.v on a charge of at h'inpt in gIo slay her husband, and her little blind son, Webster < tpie. The
little l.'How m-arl' eri>d when told he eoiildn’t eoipe with his grandmother. Mrs Martha I Irieh. from Philadelphia to Atlanta for his —/ gL -.- *
n other s t ria I I hough; sot m \ ill L boy h. vc In en one of my great cst comfort sin my hour of t rouble, said M rs. (I race recent l.v. I
upon the noted eentr.il figures of lhe 'rttgedy were disappointed. for
ftom their seats behind the rail they eottid scitree ( -ateh a glimpse of
either defendant or her licenser. Bill they fought to leave through
the narrow doors when the recess was taken in order to gain a glimpse
of Mrs Grace as she went out for luncheon, leaning upon the arm of
Detective Burke, and they crowded around the room into which
• trace had been borne, hoping to bend over his litter ami force their
presence upon the wounded matt.
The preliminaries of tin trial t
were quickly over, despite the'
long list of jurymen stricken by,
both sides The state was given
ten “peremptory challenges by
which it could dismiss jurors from ’
the panel, while the defense was
granted twenty. All these were I
exhausted at 11 >lO o’clock, ami the I
last juror was chosen without
either side having the right to oh
ject except for cause.
Policemen Tell
Os Finding Grace
Rut twit Witnesses Wei '■ CX.’I :uim .( lie
fore tln r. .. S" b. o Olein A o',
policemen T ■■ ■ ' ..i l of t• . m st r.> n;;e
telephone call from file house m Wist
Eleventh sire. ■. i> • ir hurried trip to
the home nml the finding "f ihs iwuiul
ed mini Neiih' t■■ ■ ( iti m Ijr • ex
amination unde: - i --quest.ming.
as Io the ti l' ('ll Ul, being "I'.lff.d XXithi
11.3 per.anil'll 1 : ■!■ ! b”, n:i s i lient I
sea turi in Eiig' i • <; •... . - i .pealed
sta tem> n> s- ~f i, r , I: s det ad - ;
While 110 st:, !>., a .■'!,<( its wit-;
pr spe. e.e -of ; n 11 1111 tlI 11 111 -
dies fed it- mi • r.; >n * v :>;;, ■ i ;i;. ,i ■ h,i ■ n
of i ireum no .m \ ' M. s I> . y
<;raei <-.f having ii.-r husband, lhe
■'* len.-e had i ■ • m • ;.. r , ■,-., | j nl ,, <he
open t"u. v. nt ' > nd of pi ovine
M■ s itr ■ ’ lie s not 10. |!
b might out.
Defense's Plans
Still a Secret
So era • ”i oagh
edroit inemioi endeavored to fo'.e,
11’i . oni.s ■. ■ i f. i <• up.> ■■ am
ing il> ir band into iling i list of .
vit tn s", -m,. . ■ i”.' -■ ■ ;> i. . tn.it j
<VH V lt-te.li | ■ T 'll h " lint j
I" e I lie ’ it < ‘ •
single v. It 1... •l >, -.ir . 'lie stand
by the def, : W . I m ■ ..• Mrs'
< ion ' v ' ■ - Sii.
ian not In- m :.. :'■ > ~ rib- "
liei at torn. ■ • -,>.•-. ■i. a. . ,n not 1
he made to t< lit uni,.
Al I IS’ t !te Ji ...I . . n
and ■
formers ,
flOr. , ... . | . ,
vus > otnplo” ami -worn
r.atioi
Os its villi, ■ l|. I
.11... Eicon ......
Io h.i J..
•'I - ’ it II
M.■ x ,
[swif iz.er Company: >■’. E. Moon,
I I t.' i . I E I ..o'x , eolleetor, .1 \.
I Si’ ■ 111 1.,!..ur W H. Maseenga !c,
' adv, i ■ i-,t, e ~x t, ,.r t |, j.; Mann.
No Effort to Have
Grace Testify.
h :■ .if:, r Eugen,, t; r.|. v.is brought
mm i: ’ loom and made as comfortable
.i< possible on his cot. the Hist witness,
It \ Wood, was called. The state
1 lll.llie another meffei tua I effort to se
: cure from the ilefi-ns, a lisi of its wlt
;m ss ~. The defense would give no
I n I tiles.
So icitoi i4omr.il liorsex stated to
i The (ierrf'gian that no effort would be
ce to put Eugene I'.iace's testlmonx
o' foi .■ |he mrx
tr ace s ,ot nas placed just nt lhe
foot of lhe jute box, in the rear of his
counsel's t.ibi'.. but not in sight of his
W ife.
H. \ i. I In- first wit ii. ss. a cit \
policeman, told of r. ceixim; a lelepbone
ill on Mareii ."> from _".t West Eleventh
I street .
Tells How He Found
Grace Wounded.
H- ind < >t!i» i I‘<>h si<»n A"iii 10 the
,-iibl foiiiih ;i ! l !h«' do<»’s locked.
11. Aril! !•» iiioibfi hmix' and tried to
<,i up th.- . hoiis* , but couldn’t
i;c! in an>'A>i' Wilt'll other ofth’rl’s
i't'\ i utijit* RufHn. and his wife
ta’iif up with a k- \ and tlie\ all <n
tc!<d : !’• kii, 't n : <d to
' u-.m, .own the door t.o Grace's room.
Y. i at's «'.race «»n ihr cot 1 here.’’
ihc policeman.
• \\ . ti t \ii n «>n ihe bed.”
. \V<.od H - shoulder and head
■a. . i.’f th. h. ; Hi wa'i making no
. .. • > a ■ ~ , mu tile bed. Il<‘ had
’ .. : ■lm .• ;p ■ u nN ,trms in iho bed.
I I ; < i ’ n vet \ tod condition.
1 S<c: .• i's ha I h. n pulled open a
.I' i ■.on a chair, th# Khadrs wore
i pulled dm •
Young Fellow
Failed to Get In."
/ bed and hi*
T .■ was drv
I • wa>- a pocixc’hook on th. man.
k f..r "'••• in it We
I ■ . t rm kr\ - m th« r<tom
I'.* so w • w■ nt into t hops# a
■> o a t • <> n- i t li« r. w ( t;i up «m : ip
‘ ' • ! ■ • 'I • K• •! .11, bill hr
'I • • • .i s ■ ' • . f
a hr i m ... •h* mad of tm h» a
' ' ■
I i;* . ■ ■ r om t.. lt n o am: mg ' oom
DIE ATLANTA GEORGIAN AND NEWS. MON DA V. JULY 29. 1912.
MRS. GRACE, HER BLIND SON AND ACCUSING HUSBAND
T / ' -
OMMMMMi / >Wk
; : ■-> Jj S
MaJb //
I - • SR?
was in/ ickcd. 'rim door® in far other
room weie locked.
'I didn't notice any trousers in the
room ami I saw no box near lhe bed.”
Mr. Dorsey clos'd and the defense
took the witness.
Policeman Put On
Grill By Defense.
Luther Z. Rosser, for the defense,
asked if ii were mil true that the wit
ness had testified before Justice Ridlev
that he couldn't find any other door
into Grace's room. The witness admit
ted this. Mr. Rosser made other ef
forts to tangle the officer's knowledge
of the geography of the Grace home.
Blood on Grace's
Clothes, He Said.
Witness wasn't certain whethe' the
furniture mentioned was a bureau or n
wardrobe.
"How large X'as the blood spot on
the bed?"
"The pillow xx as xxell streaked with
it. There were spots on the sheets
and a spot on Grace’s gown."
James Dorsett, a policeman. was
called He rcmcmbi- ed the telephone
call to 29 Wes'. Eleventh street. He
said tin negro .1. Ruffin opened the
back door with a hex Dorsett peeped
over th'.’ transom to (trace's room, and
savx Grace lying on the bed, his head
hanging over the edge. The door was
then broken in.
"Mr. G ac, claimed It, xvas In mt--
erx " (objection b\ defense sus'aimd l
j and xx'- put him up on the bed."
Witness said no pistol was found in
the drawer. Defens, objected to tins
statement, ex, ept so far as h’’ had
himself seen Witness found Urao's
cigarette ease and pus,
Found Pistol
Behind Lace Curtains.
W itness ami <X VanW rik, a reporter,
went downstaiis. Witness saxx a pis
tol lying behind the lace curtains in a
xvlndoxx 11.- "broke" it and found on,
ehambe lived He smelled it and it
stnciied of powder There xxas every
indication that it had been tired re.
centlx
Dois.at xvent into lhe bath room and
found soiled women's clothes. in lhe
basin xx ere xxltat seemed to be bloodx
toxxeis. He didn't knoxx how manx.
"1 examined Grace" said Dorset’.
His pupils were enlarged. There were
little whit, places on his nails. He
. ailed so- water. We gave it to him I
itid not notice any odot of gun powder
! in the room "
Bloodstained Clothes
Put in Evidence.
A pa> kag. containing blood-stained
i bed clothing and a night gown was
11odueed as Exhlbit A
Th" xx ii m s pi oduct’d a b.m ..ill,
’ nigni gown fi oin the paekag. It was
bloody. unit' ihe left si. w...
yp.ot' I of Stain extending to th’ barn.
A I.n". noie was shown in its i, f> s.j,
Wit tl, - < "aid the blood wa" dry xx m n
I > found Gl a ■ ■
A leatll, pl ow of tlowvnu deslgt
w as next produced, with its outer , as. .
Th" crowd laughed at the officer's
■truggl s to put la.’ pillow in the ease
Both were soiled by blood.
A blue steel revolve? was exhibited.
Witness said he saw one just like it in
the hall that day. J; was a .32-caliber
Smith & Wesson.
Wilno’s said the pillow had been ly
ing by Grace, on his right side.
Mr. Ros.-et < ross-.|ui slioned Dorsett,
wiio wasn't certain whether o. not the
towels found in the basin were stained
from Grace's blood.
Th" state returned to ask witness I
whether he could tell w hethet a pistol j
has been recently fired or not. Mr. I
Rosser objected.
Grace’s Cot Moved
Away From Wife.
The court took a leers- at this hour,
12:02 o'clock until I: 30 o'clock At
that time the state was to introduce
more of its witnesses, othe> officers
w ho were called to the Grace home.
James Doyal, a policeman, was the
third witness. He took the stand at
the opening of the afternoon ses.-ion.
The crowd was equally as great as that
in the m .rning. and the room was even
hotter.
Grace's cot had be. n moved so that
he faced the jury, and away from his
xvif. . Her cliair had been moved so
tha’ she looked away from her hus
band. though she could catch a glimpse
of the col bx turning her head. Grace's
hope that Im "might look into his wife's
eyes" has not yet been realized, and
unless she takes- the stand he is noi
likely to fine her at’tlie trial.
Doyal's testimony went oxer much
the same ground as that covered by the
first witnesses. He described the con
dition of the loom xx here Grace was
f mod. In ri gaid to die telephone being!
stuffed with paper, he could only say
that a woman's cap was found close to
the phone, dusty and crumpled up.
Doyal had spoken to Mrs. Grace upon
her return from XeWnan On the next
day she had told him he could find the
key to Grace's room - on a little picture
outside the room in the hall He had
found the key and it unlocked the door.
On xros'-examination, Doyal said he
had not seen the room until after a
number of other persons had entered
it. He couldn't tell how much the arti
cles had be. n disturbed He identified
several bottles as those found in the
room.
The first clash between the state and
defense seemed to support the insist, nt
rumors of sensations to come. Attor
ney Rosser, of Mis (trace's ("tinsel,
absolutely refused to divulge the names
of bis witnesses, despite the demand"
of Solicitor | >ors( y . Mr. Rosser an
nounced ibat none of his witnesses were
n the i ourt room Mr- G a. . entered
a few moments later, worn but smil
ing. and llie sensational trial was in
sxx ing.
The eourl room, on the fourth llooi of
th,- Thrower building held hirdlx more
i an |(i(> persons and the narrow wind,
log -uni was crowded with hundreds
Tiiis picture of Eugene H. Grace is from file Inst photograph of him taken before he was shot.
who had failed to gain admittance and
who bung outside to catch such shreds
of news as might drift from the tri
bunal. In the street outside were other
hundreds, gathered to catch a glimpse
of the w oman w lio has been in the spot
light of notoriety since March 5. and of
the wounded man alleged to be her vie-
I tim.
Extra Police
Handle Big Crowds.
I An extra detail of po’ice was on duty
i in the street long before the hour of
I the trial came. There was no effort to
1 delay the trial. Indeed, both sides have
l for weeks been ready and waiting for
the new term to begin. Eor the state.
Solicitor General Hugh M. Dorsey and
Lamar Hill were ready to present the
chain of circumstantial t vidence xvhich
had been forged for the prosecution.
Eor the defen-e. John W. Moore, James
A. Branch and Luther Z. Rosser an
nounced their readiness to proceed.
The question in the mind of every
person in the court room was "What
will be the line of the defense?" Eor.
while it is not necessary for the defense
to prove Mrs. Grace's innocenee, it was
felt that the attorney s would seek some
thing more than a mfre "failin’'' to
convict," and would offer evidence ac
tually t" prove that their client did
not shoot her husband, perhaps even
naming some hitherto unconsidered per
son as the actual criminal.
The state must prove beyond a rea
sonable doubt that Daisx Grace filed
the shot which wounded her husband.
It must remove every other hy fiollies!
It must establish a motive, It must
■ prove that the wound was calculated to
kill the victim. It must prove that
malice existed toward ti.e wounded man
on the part of the defendant.
But Mrs. Grace need pr ix, nothing
If her counsel feel satisfied that the
state has not presented to the Jury such
a chain of evidence to warrant «i
conviction they may smile and nsi
their ease w holly up m the weakness of
the state, withou' placing their client
on .he witness slab''. And if she takes
lhe '..find in lit i ow n defense, she eat;
not ne bound by the oath xviiieh al!
witnesses :fve. She is permitted by
law ’o make her statement without an
oath, and tlm jury is instructed to ac
cept or rej • t a portions of her evi
den ■(• ' hey see In.
The char., *atnst Mis Grace -as
sault with int nt to commit murder—-is
a felony, 1 a who it a prison term of
from two to ten years is provided in
the c 0.1,.. If sue is acquitted ot the
charge she can never be iried again,
even ihougii linr , should die
The couri room, a narrow, low-ceiled
chamber, was filled from lhe lail to the
"all. with many standing. Deputies
labored hard to make the standing ones
take- seats or leave, and soon the nar
row a’sirs wet,- fill! of imm sitting on
their I',-eis
Ai th,’ left of the mug, sat a host of i
witnesses for the state, among them
relatives of Eugene Grace. A half
dozen women were in the parry, in
cluding Mrs L. S. 11 ill, of Newnan,
Grace’s mother. It was stifling hot. as
all the doors were closed against the
crowd outside, and Mrs. Hill looked
wan and faint in the humid atmosphere.
The elevator leading to the court
room wap so loaded with passengers
who went up, only to come down again,
that it soon stopped its trips at the
floor below. Thousands tramped up the
dark and narrow stAirs in the hope of
gaining entrance to the room, only to
be turned back by stern deputiis at tin
door. Angry altercations in the hall
outside floated into the’room and add
ed to the confusion already i here.
Mrs. Grace With
Her Loyal Mother.
Mrs. Grace, who had left her home
in West End and come to the court
house early in the day. did not appear
in the court room in the first hour of
the hearing. She was closeted in an
other room with her mother, Mrs. Mar
tha t'lrich: Mr". Louise Wilson., her
nurse and "ompanion, and another
friend.
More than an lu'nir .a- exhausted in
selecting four panels of twelve men
each for I he first panels from which tile
jury of twelve is to be drawn. There
were many of the lux on the jury list ;
who offered various , x> use.-, but ii w I
evident that otm-rs wore willing Io cut.
for the .onflnem. nl of several days in
order to hear the case.
Negroes’ Cases
Called First.
Tne prosecution announc'd today
that Thomas H Goodwin, a I lorpey. had
been added to the list of state's eou;i
sei. Mr Goodwin will assist in strik
ing objectionable juf" s. and in > in
ducting examinations of witness's.
At 9:20 o'clock the tour panels so”
the jure 1i.'.,! been d'-'xvn. and Judge L, j
S. Roan ordered the sheriff to call lhe I
calendar for the day. There were a
dozen em«-s set for the day . that of j
the Stale \s. Mis. Daisy Grrne, bedim: I
off.
Solicitor General Dorsey ask'd that
all prisoners be brought in. as “m.;
desired to plead guilty. Several U"-
grots. charged with various felonies,
were brought in, ente’ed pleas of guilty
and xvere held over until the Grace ease
.‘liouid he disposed of Will Thomas,
charged with assault to eommit mur
der, the same crime charged to Mr
Grace entered a plea of guilty and w.i
sent. back to jail to be sentenced lai n.
The ease of M s. Grace was takxn
up a t 9: 2., o cloek, Dr. \\ S Giddsmit u.
surgeon to Gene Grace, being the fiist
on th< list. (ttbet s to l>. , ailed xx ei ■■
■ I '' Ruffin. Grai e's negro - rvant.
Ma th' Ruffin, hi" wife i> V.mW’ ,
• ' icpm lei . Alan Hardaway . I \\ ,
' Ham on Hill, Mrs l.mii- Hd M
S. L. Hill. Earl McCoy. Preston H-
Morris Prioleau, Luther Williford, Chief
N. A. L.mfo d. E. E. Lawrence, Mrs
Andrew Calhoun, a neighbor to th’
Graces in Eleventh street;* W <’ Al
ston. Janie and Jack McGuire. Mis-
Louise Dooly.
The state announced "ready" at 9;.” n
o'clock.
Luther Z. Rosser, for the defense,
announced that none of the witnesses
for the defense was in the room Mr
Dorsey made an effort to force the de
fense to call the names of the wit
nesses. ami a sharp brush between the
state and defense ensued. Mr. Rosser
positively refused to divulge the name?
of any of h’s witnesses. It was evi
dent that the defense xvas determined
not to expose its hand until the last
I ossible moment.
Mrs. Grace entered the court room
9:05 o'clock. She was dressed in a
white lingerie gown, with a golden
locket hanging at her throat. Her hat
was of winter style, of brown velvet
with a brown willow plume. She ap
peared rather xvorn. but she smiled fre
quently while in consultation with i' r
lawyers, beside whom she sat H’r
mother sat by her side. Mrs. I'|r”n
xvas simply attired in thick. Mr- Loui- 1 '
Wilson, the trained nurse «.i at ti’O
same table with Mrs. Grace
One Jury Panel
Quickly Exhausted.
The coiirt began drawing the Ju r '
from the first panel, but succeed” 1 ! i”
finding only one acceptable Jurr.i'
M. A. <’ason. cashier of the Souil” ’
railway, was first called. Mr II ■'
"t.joeted to hi" being asked his " I'
I 'tion and was sustained. Th” "ti' J
threw him out on peremptory eh ” nr
George Beering was strick'-ti ' '
'■au.se by the state.
.b lip Todd was next, and •"■■ • P'-"
"Juror, look on prisoner, prb re”
look on juror," declaimed the -
;’-t'.m:al. Mrs. Grace arose ami ?
I upon the first juryman select*’''. •"
gave the crowd the first glimpse > : :•
land a ripple of "ahs" went up from
'■row ,1.
W. H. Gunter was stricken "ff.
G. H. Wright was stricken
defense.
W. C. Satterwhite was st rick' n m
defense.
Reuben Moss was turned do”'
XV orc a n Elk badge. Eugi P” ' ■
in Elk.
Thomas E. E'.igin was s" ’
the defense
H. Wilk' " had a pre.!
x.(s st i icken for ca use
I! ('. Tn ut ma n xx as str.
defense
This ox ha listed I lie p.i ne!, . i
of the twelve being m. opted L>>'
"late and defense.
Tile dra w mg of the se, omi ;
1" gun
J. T. Walker was stricken : ’ '
Continued on Next Pine