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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