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JURY TRYING MRS. EUGENE H. GRACE ON THE WAY TO ..LUNCHEON'
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STATE ADMITS IT
HAS NO DIHEGT
EWCE
■ I
‘We Must Depend on Circum
stances to Convict Mrs.
Grace.” Says Prosecutor.
Continued From Page One.
take unusual doses of paregoric and
other narcotic drugs.
That she had taken to Newnan
with her a black dress suitable for
mourning, expecting to hear the
news that her hush.mil was dead
and might lie prepared to return to
Atlanta in mourning garb.
That she had persuaded Grace to
take out heavy life insurance in her
favor.
That she had planned, in ease
the death of Grace was not discov
ered by neighbors, to go back to the
Eleventh street home on the fol
lowing Friday. Hiking with iter the
mother of the murdered man, ex
pecting to walk in upon the decay
ing body of her husband That she
had invited Grace's mother to go
back to the Atlanta home, and had
actually promised to give a tea in •
her honor.
That when the news that Grace
was shot reached Newnan Mrs.
Grace, at this time unaware that
she was accused of the crime, gave
to young Hamilton Hill a revolver
from her satchel, showing her fear
that it might be found upon her
person.
Defense May Not
Offer a Witness.
That is the ease of the state, in brief
To combat it. the defense has not yet
introduced a witness; it has not even
announced that it would offer testi
mony in rebuttal. It has not annottm • i
whether or not Mrs Grace would take
the stand in h< ■ own defense, it js
possible that tie woman's counsel ma.
consider th, state'- chain of evidence
SO W< Ik that the\ will st the < i ...
when the state's tes’imoriy Is In Hi '
let it go straight to th. jti'i after
argument, without offering <>m wit
ness on their own biha t Thi- will |.
determined tomorrow
Hamilton Hill Grace's, half-brother,
who was on tin stand when the case
closed for the first day. was not present
when called today. Neither was Mis.
Lewis Hill, ai d the officers of the court
explained that the train from Newnan
was late and the witnesses would be
heard later It was then decided to
take a recess for a few minutes, and
the jury was sent back to its room for
the interim
At 8:30 o', ock the court was again
called to ord< r and Hamilton Hill re
sumed the witmss stand. The crowd
was giving a great deal of trouble to
the attorneys. Mr. Kos-er Insist, d that
spectators o. moved away from th.
jure
Mi. Kosser r.-sutr. ■: his . 'Ss-examl
natlori c< vout .. H: ' i niv. to th.
horn, life of the «Ji... .
B
her return to Atlanta on receipt of the
news that Grace was shot was pro
duced again. Mr. Rosser called it a
"sparrow gun," but the boy insisted
lie never shot sparrow s and knew little
about guns. He said Mrs. Grace gave
him the little pistol in the presence of
his mother and several others, with no
effort at concealment, saying it made
her satchel too full. It was wrapped
lup in a handkerchief. The boy was
I evidently very antagonistic toward Mrs.
■i li ... . apd w henever an opportunity
[arose he made his answers as unfavor
ible toward he:- as the facts permitted.
Whether or not Mrs. Grace's hand
satchel was really too full to hold the
pistol easily became the basis of a dis
pute, Mr. Rosser trying to draw from
the boy his admission that he did not
know what was in the satchel. If It
could be shown that there was room in
the bag for the pistol the state would
use the fact that Mrs. Grace got rid of
the weapon to show that she feared ar
rest and thought the pistol would be
evidence against her. though it had not
been fired.
The boy said he returned to Atlanta
with Mrs. Grace and his mother and
went to the police station.
Grace’s Mother
Takes the Stand.
On continuous questioning the boy
said he couldn't exactly describe the
condition of the satchel. It wasn’t
bulged out, it was flat. The boy "didn’t
think" it was too full to hold the pistol.
The boy retained his self-possession
throughout the gruelling fire of ques
tions.
Mrs S. I, Hill, the mother of Eugene
Grace, next took the stand. She wore a
flower-covered straw hat, a w hite shirt
waist. black gloves and a gray skirt
Mrs. Hill is a sweet-looking, pleasant
faced woman, with a soft voice and a
quiet manner.
Mrs Hill told of Mrs. Grace's arrival
at Newnan on March 5.
Mrs. Hill had told Mrs. Grace that
Grace had shot himself accidently.
“If Any One Shot Him
It Was J. o.,’’ Said Mrs. Grace.
"It's not so," said Mrs. Grace, ac
cording to the witness. "If anybody
shot him it was ,1. (referring to the
negro, .1. ('. Ruffin). They had a quar
rel yesterday and ,1. ('. hurt Martha,
his wife. Gene told him if he ever
beat Martha again he (Grace) would
beat him within an inch of his life.
Daisy said Gene had been 111 and
she had given him some Radway's
ready relief. He had complained of
feeling numb, she said.
"Daisy answered the phone several
times that day. Whenever It rang she
went and answered it. When my broth
er gavi me the news that Gene was
conscious in St. Josephs hospital I told
I i.iisy,
" How could he be conscious when
he Is shot through the lungs?’ Daisy
asked. Then sh< asked me how far the
lungs were from the heart.
"When Daisy heard the doors had
be.n broken In she said: 'lt will take
money to lix those doors.'
Mrs. Grace Expected
To Find Him Dead.”-
\\ hen he heard the crowd had gone
through the bath room she said: 'I left
i some soiled clothes in that bath room.'
"Daisy was coming back to Atlanta
.lot th, next Friday, if Gene had not
bo-n sot she had planned to give me
a little tea here. I had also planned a
little affair."
W. • xp« ' t to show. Vour honor," said
Mr Dm-• a. "that this woman. Mrs.
[Glare, laid . ype. led to come back to
i Atlanta oil Frida;, with the mother of
tin mui she ha,; shot, expe< ting they
THE ATLANTA GEORGIAN AND NEWS. TUESDAY, JULY 30, 1912.
r MRS. GRACE’S AGED MOTHER
CONTENT WITH DRIFT OF TRIAL
Here is the view Mrs. Murtha Ulrich, mother of Mrs. Daisy
Opie Grace, takes of proceedings thus far in the trial of her
daughter:
By Mrs. Martha Ulrich.
•lust as I thought, absolutely no evidence has been pro
duced at the trial of my daughter which would tend, in any
way, to substantiate the charge that she shot her husband.
All that has been proved so far is that he was shot. None
of us have ever been in doubt about the result of the trial.
We are all so assured of Daisy's innocence that we can con
ceive of no evidence that could possibly prove her other than
innocent.
As 1 look upon the faces of the twelve good men and true
who have been chosen to decide the charges against my daughter
I am more than ever convinced that the trial will result in an
acquittal.
There is not a man in that twelve who would listen to
false testimony; there is not a man but wouldn't weigh each
circumstance carefully before he drew a conclusion. Tn other
words there is not a man but who would be fail' and just ami if
he is so there can he but one result.
Neither my daughter nor her lawyers have any fear. We
know that if the truth comes out —and it will—that she will
go free and untouched. We feel that after this trial is over
everybody will be convinced that she could not have shot
Eugene.
I wish every one knew her as well as I do. They would
know then that she is incapable of doing what Eugene said
she did. Her whole make-up is one that lavishes love and not
hate.
would find him dead in the house, and
that she had taken the precaution to
provide herself with a black mourning
dress."
The declaration followed an attempt
to gain Information from Mrs. Hill rel
ative to this black dress. Mrs. Hill did
not remember the conversation.
(trace’s life insurance policies were
next discussed.
Mrs. Grace Knew
Os Insurance Policies.
'Daisy told me that Gene had taken
out an insurance policy for her, as a
Christmas present, and said she was
going to take out one for him.
"Daisy talked over the phone to Lew.
is Hill, who was at her home in At
lanta on the day of the shooting. She
asked him how he got in the house, as
she had left the doors locked."
Mr. Rosser cross-examined the wit
ness.
Mis. Hill said Daisy had offered to
let her (Mrs. Hill) wear one of Mrs.
Grace's black dresses back to Atlanta
when they returned from Newnan on
the day of the tragedy. Yes. Daisy had
given her several pieces of clothing.
Mrs. Hill evidently resented questions
on this line and Mr. Rosser had trouble
in calming her. He begged her not to
lose patience.
Mr Rosser and Mr. Dorsey engaged
in a heateil tilt over questions on life
Insurance. It will be remembered that
certain policies in the Penn Mutual, in ,
favor of Mis. Grace, were canceled by.
the compans after the shooting on th<
ground that Grace had obtained them
i by fraudulent statements
' Th. Insurance premiums w• r, freely
ri l'erri-d to by Grace as the mutlvi
which caused his wife, as he charges, to
attempt to murder him.
A certain letter, written by Mrs. Hill
to Grace, urging him to take out insur
ance, was admitted by Mrs. Hill to bo
bona tide. She had frequently urged
Gene to take out insurance, but never
in such an extravagant amount.
Mrs. Hill Becomes
Angry at Questioner.
On cross-examination, it was shown
that on the justice’s examination of
Mrs. Hill she had not mentioned the
black dress, the letter nor Daisy’s ques
tion about the heart and its proximity
to the lungs. Mr. Rosser endeavored to
show that she was adding numerous
details to her former evidence.
Mrs. Hill again became angry and
accused Mr. Rosser of doubting net
word. Mr. Rosser hastened to dis
claim any such idea.
Mrs. Hill recounted the return to At
lanta, their visit to the wounded man
at St. Josephs hospital ami Mrs. Grace's
being locked up in the police station.
Mrs. Hill said she and Mis. Grace re
turned to Atlanta at 6 o’clock that aft
. I noon, and that as they left Newnan
Mrs Grace left instructions at her
house (Mrs. Hill’s) to forward some
mill which she said she expected in
Newnan, back to her home in Atlanta
M s. Grace talked of this mall to two or
three people, said Mrs. Hill; one of
them was Mrs. ('leveland < »rr. who has
. been subpenaed as a witness am! is
>now In Union Springs, Ala Mrs Hill
said that she had tried to teach Mis
Ors, by telegraph and telephone, Io get
her to Atlanta so the trial, but had
failed. Before Mrs Grace came 1..
Newnan. said 'its. Hill, she (Mis. Hii.i
had received a letter from her saying
that she intended to return to Atlanta
on Friday, March 8, and that she hid
promised to give her (Mrs: Hill) a tea
in Atlanta, and wanted her (Mrs. Hill)
to return with her. Mrs. Hill said she
also expected to entertain Mrs. Grace
in Newnan while she (Mrs. Grace) was
visiting there.
When Mrs. Hill testified as to the
foregoing contents of Mis. Grace’s let
ter Attorney Rosser, for the defense,
objected, but she was allowed to tell
the contents of the letter showing Mrs
Grace’s statement of her plans.
Mrs. Grace Asked How
Police Got in House.
Mrs. Lewis Hill, a young woman in
white, wearing a black hat, was the
next witness.
Mrs. Hill said she had talked over the
phone at Newnan to Mrs. Grace on
March 5. She had expressed regret at
Gene’s accident and had told Mrs. Grace
that he had been taken to St. Josephs.
Mrs. Grace had asked how the police
had got into the house, saying; “I left
the doors locked.’’ Thp witness was
dismissed.
Cleveland Orr, of Newnan, was next.
He said he was Mrs. Cleveland Orr's
husband. He was shown two envel
opes and identified one addressed to
Mrs. Grace. His wife had brought it to
his store. It was sealed then.
Earl C. McCord, a mail carrier at
Newnan, was next. He had delivered
mail to Mrs. Grace, but couldn't re
member any mail for her on March 5
or March 6. He had not given any
mail on those days to Mrs. Cleveland
Orr. The Hills have a regulation mail
box. The marks on the envelope (the
same as that shown to Cleveland Orr)
indicated the time it was received at
Newnan.
Mr. Rosser had nothing tp ask the
wll n e ss.
J. F. DeJarnette was called, but was
not present.
Preston Hill, a brother of Grace's
stepfather, testified to having received
a letter on March 7. The letter he car
ried to St. Josephs hospital and gave
to Grace’s lawyer. On the evening of
March 5 he saw Mrs. Daisy Grace at the
Terminal station with Mrs. Hill and
others.
Mrs. Grace, when she saw Preston
Hill, questioned him as to the condition
of Grace's wound. He saw Mrs. Grace
get in a cab with Mr. Prioleau and
start off.
The witness went to the St. Josephs
hospital later and again saw Mrs. Grace
in the reception room. He was in the
hospital when Mrs. Grace went up
stairs, presumably to see Grace.
Tries to Show Hills
Thought Her Innocent.
Mr. Rosser attempted to get the wit
ness to say something in reference to
what John Moore said to Mrs. Grace
the evening of the shooting when he
(Preston Hill) saw her at the Terminal
station.
It was Mr. Rosser’s intention to show
by the witness that the HUI family be
lieved, at first, in Mrs. Grace's inno
cence. Solicitor Dorsey contended that
the evidence was inadmissible, because
it was hearsay and was a privacy be
tween counsel and client.
The jury was excluded from the room
while arguments were made on this
point. The point, was waived for the
time being. Judge Roan saying that he
would rule on it when it became neces
sary.
At this period of the trial a distin
guished visitor was admitted to the in
in r rail in the person of < 'ongressm.in
W B. Lamar, of Florida. The courte
sies of the court were extended him.
Di W S. Gold-mith was called. He
swore that he found Grace, on March
5, in a state of profound shock, suffer
ing from a pistol wound. Grace had
been shot through the lower lobe of the
left lung.
The solicitor endeavored to bring out
through Dr. Goldsmith the kind of
wound.
Mr. Rosser decdared that this was un
necessary, as the X-ray photo would
show this. Mr. Dorsey carried his point,
however. He asked the physician to
point the wound on Grace's body.
Grace Placed Directly
In Front of Jury.
For this purpose Grace’s cot, was re
moved directly in front of the Jury.
Dr. Goldsmith came down from the
stand and placed his hand on Grace's
left side, showing the exact place where
the bullet had entered.
When Grace was moved he was
placed in a position where his wife
could have seen him if she had so de
sired. She kept her head straight to
the front.
Detective Burke, who was sitting by
her, began to fan her vigorously and
repeatedly offered her a glass of water,
which she refused.
Solicitor Dorsey asked Dr. Gold
smith, “Were you present at the hospi
tal the day of the shooting when Mrs.
Grace and her husband had a conver
sation.”
Mr. Rosser moved that the jury be
excluded. After this was done, Mr. Dor
sey stated to the judge that he wished
to prove the conversation, it having oc
curred in the presence of the defendant.
Dr. Goldsmith told of having heard the
following conversation:
Grace asked his wife why she hadn’t
summoned a doctor. She replied that
he didn't need a doctor. Grace then
asked her why she shot him. She.an
swered that she did not shoot him.
Before Mrs. Grace left she turned
to het husband and .said: “Why don't
you tell all of these men that 1 didn't
shoot you?” Grace sighed and turning
over, said: "Well, I'll say that you
didn’t shoot me.”
Dr. Goldsmith testified that Grace
was very much exhausted with the in
terview when he made this last state
ment.
Long Argument Over
Admitting Conversation.
Colonel Rosser contended that
Grace's statement to his wife in the
presence of Dr. Goldsmith should be
excluded because she had denied at that
time having shot him. He cited sev
eral cases in the "Georgia Reporter"
to uphold his point.
The question hung upon the point
that Grace’s statement to his wife was
a mere charge, not sustained by his
wife’s acquiescence, either by words or
silence, and he contended that her ab
solute denial of the charge rendered it
Inadmissible as evidence. A long ar
gument, with the jury absent, ensued.
"Why. if a mere charge of suspicion.
If admitted as evidence, would leave
none of us safe," said Mr. Rosser.
"As suggested by Mr. Branch In his
usual hammer-headed hoss-sense, that
would be a lynching scene, not a court
scene.” concluded Mr. Rosser.
I Solicitor General Dorsey contended
that the evidence was admissible, quot
ing the code and other authorities to
sustain his point.
"If Daisy Grace had remained quiet,
a virtual admission of guilt, we could
offer this In evidence," be said.
Judge Roan acquiesced in this.
Mr. Dorsey contended that the gen
eral statement of Dr Goldsmith as to
the conversation between Eugene and
Daisy could be admitted.
"My purpose in introducing this evi-
dence,” he said, "is to show that Mrs.
Grace had confronted Grace with the
words: ‘What’s this you’ve beeh saying
about my having shot you?’ when v.e
can prove that not a living sotil had
intimated to her that she had been ac-i
citfeed. One witness had been with her
at every step from Newnan to the
hospital-, recusation against
her had carefully been kept from he:
Every word Daisy ..Grace said amounted
to an admission’ .of guilt, despite her
verbal denial.”
Denies Mrs. Grace
Opened Conversation.
Mr. Rosser denied that Mrs. Grace
had opened the conversation, accordins
to Dr. Goldsmith's own statement. The
. witness had declared that Grace opened
the conversation as to the shooting,
saying "Daisy, why did you shoot me"
and Mrs. Grace had not been the first
to refer to the accusation.
Judge Roan ruled against admittini
that part of the conversation as to the
accusations of Grace and Daisy's reply.
He was willing to- admit the testimony
as to the other talk between husband
and wife. The jury was brought back
Mr. Dorsey resumed his efforts tc
introduce the bottles which had con
tained patent medicines. He began his
argument by declaring:
“This is a case in which the state
must depend on circumstantial evi
dence.
"Mrs. Hill declared that Daisy talc
her that she had given Gene doses ol
this medicine, or paregoric, and Gen<
Dorsett, a policeman, has declared that
when Grace was found his eyes wen
enlarged, his pupils dilated.”
Mr. Dorsey began an elaborate speed
in the presence of the jury, declaring
that Grace had been drugged, and that
the bottles which had contained the
liquids had been in the bath room
about which Mrs. Grace had been sc
solicitous.
Dr. Goldsmith was examined as tc
the contents of the bottles, first as tc
paregoric. The narcotic effects weie
not taken up.
Dr. J. A. Durr, who took the X-rays
of Grace’s wound on March 1-. wa *
the next witness. He had the origins
plate with him.
Dr. Durr held up the big plate, shoo
ing the shadow picture of Grace's spine
and ribs, and explained to the jur)
where the bullet had entered M ,s -
Grace leaned far over her table to s.«
around her counsel, and Grace ra ' ?l
his head as far as he could and ga> c ‘
with interest on the photograph.
Dr. Durr delivered quite a lecture o’
the subject of X-rays. He was quU'
tloned closely by Mr. Dorsey, in an
fort to learn just where the bu:l p t er
|ered. The X-ray plate was kept m
evidence.
X-Ray Plates Are
Admitted as Evidence.
On cross-examination Mr.
brought out the fact that t "
sometimes fail to show the exact
tion of the bullet through dis ;i ' rt,w '
Mr. Rosser Insisted that n fra ’
caused the trouble, while th' withe,
insisted refraction had not|i '.k ,p "
with it. Witmss Insisted thia th' D*
showed the exact place otl tit' 11
Continued on Page
WHEN FAGGED ®UT
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