Below is the OCR text representation for this newspapers page.

18 JURY TRYING MRS. EUGENE H. GRACE ON THE WAY TO LUNCHEON" ———— ' , " _ ' ' _ -Jvra - z -s - \ ... AX’*' '■ Jg ~- J* . r"-» ■ ■“ > .<■ : ««i *—gu tRb ’ ®whf ’ HWR v •>< x . aw jjt-t ' Wk Tl IB > J M.'i®k ®k Js-i Wfcmlgk t F^a^r^- z 'l ■*» wßk MSSiw#* IwHk I9nh ■ : &w ■- ’Vn»w : BHMfcM wIBO wv w yjF; X ItWIHhhL 'mt jWMMnMh *™a W \ 1 *' a wtaP mZ/ Jr ( <. ■; > 4 -** -MSr • $ WWR *wW' / j ‘f i V/WlpMI ; C, Wml mB J® f d - j MMMBhjil- wi ■• - I J - wBrK wMtff Ik .O f. 3U 'w SB&£ ■ I Tam *' .1 .:~ WwmbPt^^MHßMmMf' W ■•' ’SK < dii- W?M'*- • .-.3M!llllMlMmafeOyggffll^y^CTg'JO?=«fc'W® * 2 wßE^'d.to*'J t%jjj£a«Bc J&' jt ' l ' -31 ' : * ?; *Y a WwrMMb^ 1 * <;w.x a ?'>; ■■ ~ fc JS y ■?■ *x * *,?r>wmM >■ .., .... JsSfiL ?' j < rV-.y■. ’. S BwOSiMMi |g|HK| -gift i Kgo® -fi .WW m W l Mid l 'ri|i 111 I£’ t3®sKj?&‘&' ' Trffi t>> * ■aififfiw 1 ' •‘•* i - WaT • ' • ■■ - v " WaaßWSr PmIB" ' " WQy W zip a--- < x •">'*’ : IffiagiffiMK * "*"*' ■ /-• VK*^iw£te*" '' ’*' x__=_xx ... - , , - - , 2z2S± * —. WOik 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 Take Horeford'a Ac'd Phosp Especially recommended a mor to overworked bony ati‘l healthful tonic.