Newspaper Page Text
18
JURY TRYING MRS. EUGENE H. GRACE ON THE WAY TO LUNCHEON"
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STATE ADMITS IT
NAS NO DIRECT
EVIDENCE
“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 fqr
mourning, expecting to hear the
news that her husband was dead
and might be prepared to return to
Atlanta in mourning garb.
That she had persuaded Grace to
take out heavy life insurance tn her
favor.
That she had planned, in case
the death of Grace was not discov
ered by neighbors, to go back to the
Eleventh street home on the fol
lowing Friday, taking with her the
mother of the murdered man. ex
pecting to walk in upon the decay
ing body of her husband. That she
had invited Grave's mother to go
hack 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 Jlr-
Grace. at this time unaware that
she was hocused of the crime. gavi
to young Hamilton Hill a revolve,
from her satchel. showing her fea' I
that it might be found upon lie
person.
Defense May Not
Offer a Witness.
I hat is the ca>- o{ th* stat, in bri. i I
To combat it. the defense has not yet
introduced a witness: it lias not even
announced that it would offer testi
mony in rebuttal. It lias not announced
whether or not Mrs- Grace would take
the stand in her own defense. It is
possible that the woman's counsel mar
consider tin state's chain of . videnct
so weak that they will rest the easel
when tile state s tt-stiiimnx t n and |
let it go straight to ih< Ju y aftei
argument, without offering one wit
ness on thei. own behalt This win l. (
uete: mined tomorrow.
Hamilton Hill Grav. a l.a ' L bih.-r,
who was on t!i< stand when the case.
Closed sot the first day, was not present I
when called today. Neither was Airs.
Lewis Hill, and th officers of the court
explained that tin train from Newnan
was late and tlu witnesses would be
heard latet It v. -th. n divided to
take a recess sot a few minutes, and
the jury was sent back to its room for
the interim.
At 9:110 o'clock tin court was again
called to order and Hamilton Hill re
sumed the witness stand. The crowd
was giving a great deal of troubh to
' ><■ attorneys Mr. Rosser insisted that
spectators be iiiouml away from tile
Jury
M Ho.-s. t t* - tim.-d I* i it. *s- <xamt ■
n- t >n of o.n _ IL u .atixe to the
t mm. : ~f | < Ir,». . •
Tin- tiny pint w hi< . Al -
g >xv tn,, bi, u t N' wmin jus. before
her t. tu n to Atlanta on receipt of the,
news that Grace was shot was pro
duced again. Mr. Rosser called it a
‘‘sparrow gun." but lite boy insisted
lie nevei shot sparrows and knew little
about guns. He said Mr.-. Grace gave
him the little pistol ill tile presence of
his mothe and several others, with no
effort at concealment, saying il made
her satchel too full. It was wrapped
till in a li.indkerchi.'f. The boy was
evidently very antagonistic toward Mrs.
Grace and whenever an opportunity
arose ho made his answers as unfavor
able toward her as the facts permitted.
Whether or not Airs. Grace’s hand
satchel was really too. full to hold tlje
pistol easily became the basis of a dis
pute, Mr. Rosset trying to draw from
Hie box his admission that lie 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 tired.
The box said lie returned to Atlanta
with Alts. 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 fiat. The boy "didn’t
think it wit- too full to hold the pistol.
The box' retained his self-possession
throughout the gruelling lire of ques
tions.
■Mrs S J. Hill, the mother of Eugene
Grace, next took the stand. She wore a
fiowc -covered straw hat. a w hite shirt
waist. black gloves and a gray skirt I
Mrs. Hill is a sweet-looking, pleasant
faced woman, with a soft voice and a
quiet manner
Mts. Hill told cf Mrs. Grace's arrival
at Newnan on March 5.
Airs Hill had told Alts. Grace that
Grace had shot himself accidently.
If Any One Shot Him
It Was J. C., ” Said Mrs. Grace.
"It's not SO." said Airs Grace, ac
cording to lite witness-, "If anybody
shot him it was .1. C. (referring to the
m gro, .1. <'. Ruffin). They had a quar
rel yesterday and .1. ('. hurt Martha,
his wife. Gene told him if he ever I
beat Martlia again lie (Grace) would j
beat him within tin inch of his life.
"Daisy said Gene had been ill and I
she had given him some Railway's I
ready relief. He had complained of
feeling numb, she said.
Daisy mtnutrni the phone several'
«:<:•« that day Whenever it rang she
i went and answered it. When my broth.
(1 gave m. tin news that Gene was |
conscious in St. Josephs hospital I told
Daisy
Hoxx could it< b< conscious when
Ihe is -hot through the lungs'." Daisy
tanked Then sin asked me how far the
lungs wei<- from the heart.
"When Daisy heard the doors had
i been broken in she said: 'it will take
, money to tlx those doors
i “Mrs. Grace Expected
To Find Him Dead."
When -he I * nd the crowd had gone
I through tii'- bath room site said; I left
soup soiled clothes in that bath room.’
, "Daisy was coming back to Atlanta
ot th- next Friday, if Gene had not
■bi n “,ti>: She had planned to give me
|a little tea Io re I had also planned a
llttb alTalr '
"W>- t xpi < t to - ,ow your honor," said ;
Mr Dor-- -y . ' tat this woman. Mrs. I
Gm c mol ixpi iti l |o come h.o I, to
| Atlanta <m l-Tia.iy witit the mobile! of I
th» n»un it id Moot, • xl'fTtlnj? they
THE ATLANTA GEORGIAN AND NEWS. TTESDAY. JULY 30. 1912.
MRS. GRACE’S AGED MOTHER” 1
CONTENT WITH DRIFT OF TRIAL
Here is lite view Mrs. Martha l lrich. mother of Mrs. Daisy
t Grace, .takes of proceedings lints 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 I 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
tal z se testimony; there is not a man but wouldn’t weigh each
circumstance carefully before he drew a conclusion. In other
words there is not a man but who would be fair and just and if
he is so there can be 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 hetseif with a black mourning
dress."
The declaration followed an attempt
to gain information front Mrs. Hill rel
ative to this black dress. Mr--. Hill did
not remember the conversation.
Glare's life insurance policies were
next discussed
Mrs. Grace Knew
Os Insurance Policies.
; "Dais.' told me that Gene had taken
I out an insurance policy for her. as» a.
I Christmas present, and said site was
I going to take out one for him.
"Daisy talked over the phone to Lew.
Hill, vvho'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."
M Rossel cross-examined the wit
ness.
Mis. Hill said Daisy had offered to
let her (Mrs. Hili' wear one of Mrs.
Grace’s black dresses back to Atlanta j
when (hey returned from Newnan on ;
i the day of the tragedy. Yes, Daisy had
given her seve-al pieces of clothing.
Mrs. Hill evidently resented questions
on this line and Mr. Rosser had trouble
tn calming her.- H> begged her not to
lose patience.
Mr Houser and Mr Dorse;, engaged j
in a heated tilt over questions on life i
Insurance. It will be remembered that |
certain fiolielcs in the Penn Mutual, in i
favor of Mis Grace were canceled by.
the company after the shooting on that
ground that Grace had obtained them I
Io fraudulent statements
The insurance piemiums wete Heels |
lefei ed to in Gra« as lite motive
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 be
bona fide. She had frequently urged
Gene to take out insurance, but never
in such an extravasjunt 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 tiiat she was adding numerous
details to her former evidence.
Mrs. Hill again became angry and
accused Mr. Rosser of doubting nor
word. Mr. Rosser hastened to dis
claim any such idea.
Mrs. Hill recounted ihe return to At
lanta. their visit to the wounded man
at St. Josephs hospital and Mrs. Grace’s
I being locked up in the police station.
Mrs. Hill -aid she and Mrs. Grace re
turned to Atlanta at 6 o’clock that aft
ernoon. and that as they left Newnan
Mrs. Grace left instructions at hi r
house (Mrs. Hill’s) to forward some
mail which she said site expected in
Newnan, back to her home in Atlants .
M's Grace talked of this mail to two or
I three people, said Mrs. Hill; one <sf
'them "as Mrs. < 'levelund Ort. who has
I been subpenaed as a witness and is
.now In I’nlon Springs. Ma Mi Hill
! -aid that she hail tried to teach Mrs
>Orr. by telegraph and telephone, io get
lie: to Atlanta so the trial, but hud
| fal,ed Before Mrs Grtue came t -
said Mr* Hid, -m t.Mis Hi. i
had received a letter from her saying
that she intended to return to Atlanta
on Friday, March 8. and that she hail
promised to give het (Mrs. Hill) a tea
in Atlanta, and wanted her (Mrs. Hill)
to return with her. Airs. 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 Mrs. Grace’s let
ter Attorney Rosser, for the defense,
objected, but she was .allowed to tell
the contents of tire letter showin°- 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.” The 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 one addressed to
Airs. Grace. His wife had brought it to
his store. It was sealed then.
Earl C. McCord, a mall 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 Hiilsjiave a regulation mail
box. The marks on the envelope (the
same as that shown to Cleveland Orr)
indicated the time it was received at
New nan.
Mr. Rosser had nothing to ask the
witness.
J. F. Detfarnette 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 Airs, Daisy Grace at the
Terminal station with Mrs. Hill and
others.
Airs. 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 sit, Josephs
hospital later and again saw Mrs. Grace
in the reception room. He was in the
hospital xvhen 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 iter 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
txveen counsel and client.
The jury was excluded from the room
while arguments were made on this
point. The point was waived sot 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 xx as admitted to tiio In
ner rail In the person of Congressman
W. B. Lam.it. of Florida The courts,
ales of the court Were extended him.
Di W H Gold«mlth xxas called. He
swore that he found Grace, on Afarch
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 declared 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 a-nd
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 her husband and said: “Why- don't
you tell all of these men that I 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 jammer-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 tlie code and other authorities to
sustain his point.
"If Daisy Grace had remained quiet,
a virtual admission of guilt, we could
otter this in evidence,” he said
Judge Roan acquiesced in this.
Mi. Dorsey contended that the gen
eral statement of Dr. Goldsmith as tn
the i-onvet'sHtloii between Eugene- and
Dins;, could be admitted.
"My piiipeise In Introducing this <-vi
denee,” he said, "is to shoxv that Air-.
Grace had confronted Grace with t •
words: ‘What’s this you’ve been s.i.xittg
about tny having shot you?’ xxhen
can prove that not a living soul lij-I
intimated to her that she had bi-cii ;u -
cused. One witness had been with iien
at every step from Newnan m r .
hospital, and Grace's accusalL.n again '!
her had carefully been kept from It-
Every word Daisy Grace said amount..!
to an admission of guilt, despite lira
verbal denial."
Denies Mrs. Grace
Opened Conversation.
Mr. Rosser denied that Alts Grace
iiad opened the conversation, according
to Dr. Goldsmith's own statement. Th.
witness had declared that Grace opened
the conversation as to the shoot un
saying "Daisy, xvhy did you shoot ini' ."
and Mrs. Grace had not been the tirst
to refer to the accusation
Judge Roan ruled against admitting
that part of the conversation as to il
accusations of Grace and Daisy s
He was willing to admit tin. testin
as to the other talk between husband
and wife. The jurv was brought li.wk
Mr. Dorsey resumed his efi'ort i"
introduce the bottles which had >n -
tained patent medicines. He began tn
argument by declaring:
“This is a case in which the stale
must depend on circumstantial m.-
dence.
"Mrs. Hill declared that Dais;- i" ,!
her that she had given Gene dos. - ■ ■
this medicine, or paregoric, and tone
Dorsett, a policeman, has declared t
when Grace was found his eyes ne •
enlarged, his pupils dilated.”
Mr. Dorsey began an elaborate sp
in the presence of the jury, deeming
that Grace had been drugged, and .Ind
the bottles which had contained the
liquids had been in the bath room,
about which Mrs. Grace had Iwn -
solicitous.
Dr. Goldsmith was examined a
tirf- contents of the bottles, first - 1
paregoric. The narcotic effects ' ,!t ’
not taken up.
Dr. J. A. Durr, who look tlie N '' j
of Grace's wound on March li
the next witness. He had the ciz'ii
plate with him.
Dr. Durr held up the big plat
ing the shadow picture of Grti. -
and ribs, and explained to th. Ju r -'
where the bullet had entered ■'! '
Grace leaned far over her tab!- ' - s
around her counsel, and Gram
his head as far as he could and - -
with interest on the photogratdi.
Dr. Durr delivered quite a le.-tur- ■
the subject of X-tays. He was 1 --
tioned closely by Mr. Dorsey, in
fort to learn just where the bulb'
tered. The X-ray plate xvas Io ,
evidence.
X-Ray Plates Are
Admitted as Evidence.
tin cross-examination Air.
brought out the fact that i
sometimes fail to show the exa
tion of the bullet through di
Mr. Rosser insisted that '
caused the trouble, while th
insisted refraction had notlimv
with it. Witness Insisted that <
showed the exact place "f 1
Continued on Page Thre'-
• WHEN FAGGED OUT
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