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2 JURY TRYING MRS. EUGENE H. GRACE ON THE WAY TO ..LUNCHEON' —— , , ~- __ / / > ' — Pjfflt/f iCf ' \ A . T SpA • „ « T' .4,; -'• w”.‘d .JSB •?...< .--- WHF W 221 " aSSr MR i. ■ ■ — i<a * ‘ 2SSI .few sRrS SZW * xc * A M £*L ,W •* <4 __3Hi V- 'it! toMKnM 'Aww * i t ik. jwh » 4' Wfenu. JL *iKBBSSB i aHK 'JO 4 ifejb... 17 i t-s. ■■>. Zjraak Wnk ■’iff ?■ 4 W ■ i flwk WMftk iF'< llbgk. /jfßOkm ni \ ~ M ?JMk, A, • ■hfiMMk •1M kMh| KMa ,* Mn MHh 'IttMM w-\ ; :HBihll gggWMR SB \J/J ta! « Oj ir nHKMB-S wW * ■ < ■“ na& wWaiWW* *ByBMr F J fl * * BMW-II j t ' I—awKl; -»■ 'lßxa MB Jr 5 W> w^v jf I 31 ■ K : ' O r .Hp , <& > T! ! ? :-W « ■ WB»mS d if Mlri'BMrw S hß^- ’ ? «™ 9F*r* Jill w gt H J 4BW|Wy ffiBMO Wlltfel - W\f j wMP —■ • JHilli gBSM c l|§«jiM -!C »%Ww KaL mHI MR 'VO- " - ' - .2. . JW,:,_ Jj 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 Take Horsford’* Acid *h t,,ph ’’'gor- Especially recommended X at \ ator t<> overworked body ■nd or*" healthful tonic. 9