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JURY TRYING MRS. EUGENE H. GRACE ON THE WAY TO LUNCHEON
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STATE ADMITS IT
HAS ND 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 for
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 in het
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 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 het
person
Defense May Not
Offer a Witness
That Is the case of tin- slain. in biiel
To tombat it, the defens** has not y.-t
introduced a witn.-ss; it has not even
announced that it would offer testi
mony in rebuttal. It has not annoum -.1
whether or not Mrs Gt ace would take
the stand in her own defense. It is
possible that the woman's counsel mu r
• •onside, the stain's chain of evidence
so weak that they will test the ease
"hen the state’s • sttmony is In and
let it go straight to the Jry after
argument, without -iff*-iing op, wit
ness on their own behalf T*- < u in I,
determined tomorrow
Hamilton Hili Grae. ** --a ,f-brother,
who was on the stand when th. ease
closed for the first day. whs not present
when called today. Neither was Mis.
Lewis Hill, and the officers ~f trie court
explained that the train from Newnan
was late and the witnesses would be
hea-d later it was then decider! to
take a recess sot a few minutes, and
the jury was sent baek to its room for
the interim
At !>: 30 o'clock the court «.<* again
called to order and Hamilton Hill i.
sumed the witness stand Tin i-row.’
was giving a great deal of trouble t<
the attorneys. Mr Rosser insisted tlu<
spectators !>*- moved away from la*
jury.
.Mr. Roaster resumed his < rnss-exami
nation of voting H ii-ia'iv*- to Ihi
home life of th* Hi a* * •
Th* tins pistol w hl, ■ Mi* G -*<•
gave tiie b.v ui Noonan, ri’t 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
he never shot sparrows 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
up in a handkerchief The boy was
evidently very antagonistic toward Mrs.
Grace and whenever an opportunity
arose lie made his answers as unfavor
able toward her 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 (o show that she feared ar
rest and thought the pistol would be
evidence against Iter, though it had not
been fired
The boy said he returned to Atlanta
witli Mrs Grace and his mother and
went to the police station
Grace’s Mother
Takes the Stand.
On continuous questioning the boy
said tie couldn’t exactly describe the
condition of the satchel. It wasn't
bulged out, It was lint. 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 L Hill, the mother of Eugene
Grace, next took Hie stand. She wore a
flower-covered straw hat. a white shirt
waist. black gloves and a gray ski t
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. C.,“ Said Mrs. Grace. t
"It s not so,” said Mrs. Grace, ac- 1
cording to the witness "If anybody
shot him it was .1. C. (referring to the 1
negro. .1. ('. Ruffin). They had a quar- 1
ret yesterday and .1. (’ hurt Murtha, 1
1 his wife Gene told iilm If he ever
1 beat Martha again he (Grace) would 1
beat him within an inch of his life.
"Daisy said Gene had been 111 and
she hid given him some Railway s| 1
8 ready relief He had complained of
feeling numb, she said.
Daisy answered the phone several ,
'J times that day Whenever it rang she 1
went ami answered it. When my broth,
er gave me the news that Gene was
conscious in St. Josephs hospital I told
Daisy,
How could he l»e conscious when
• lie is shot through the lungs',’’ Daisy
asked. Then she asked tin how far the
I '
i lungs were t om the heart
' "Winn Daisy heard the doors had
I | been broken In she said: It will lake
II money to tlx those doors
e
0 Mrs. Grace Expected
’ ' To Find Him Dead
r
When she hi.ird ta. crowd had gone
n | through tin- bath room she said. '1 left
. *l.lll* soiled clothes ii that bath room.'
. ■ "D.i -v was coining back to Atlanta
.. tin t..\t Frida). if t'.i ne had not
beep s.mt she had planned to give me
ea llttl* tea in r* 1 hail also planned a
.It th a ft, ill'.
. "We expect to show . y out honor, said
e Ml Dorsey. "that tills woman. Mrs.
j Grave, had • xpfi’ted I" conn' back 10l
, i Atlant i .a: Friday with th* mot hi . «>f I
*'ihe nnin * e ... «ii..t, .ip... ting ’!>•>
THE ATLANTA GEORGIAN AND NEWS. TUESDAY. JULY 30. 1912.
]
MRS. GRACE’S AGED MOTHER j
CONTENT WITH DRIFT OF TRIAL :
i
Here is the view Mrs. Martha Ulrich, mother of Mrs. Daisy
Opie Grain*, takes of proceedings thus far in the trial of her i
daughter: '
By Mrs. Martha Ulrich. ,
•I list 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 ns have ever been in doubt about the result of the trial.
We are all so assured of Daisy’s innocence that we can con
reive 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 tny 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. 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.
1 wish evert one knew her as well as 1 do. They would
know then that she is incapable of doing what Eugene said
she did. Iler whole make-up is one that lavishes love and not
hat t*.
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.
Grace's life insurance polities were
next discussed
Mrs. Grace Knew
Os Insurance Policies
"Daisy told me that Gene had taken
out an insurance policy for her. ns a
Christmas present, and said she was
going to take out one for him.
"Daisy talked over the phone to Lew
is HUI. who was at her home in At
lanta on tht day of the shooting. She
asked him how he got in the house. as
she had left the doors locked."
Mr. Russet cross-examined the wit
ness.
Mis. Hill “aid- Daisy had offered to
let her (Mrs. Hill) wear one of Mrs.
Graces black dresses back to Atlanta
when the)' 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 Mi Rosser had trouble
In onlming her. He begged her not to
lose pa tiem e.
Mr Rosier and Mr. Dorsey engaged
in a heated 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 company after the shooting on the
ground that Grace hail obtained them
Ibv fraudulent statements
I file Insurance premiums Wi i fleely
icf.ti.u to by Grata as the motive
which on used his wife, as he charges, to
attempt to murder him.
A certain letter, written by Airs. Hill
to Grace, urging him to take but insur
ance, was admitted by Mrs. Hill to bo
bona fide. 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
bla. k dress, the letter nor Daisy's ques
tion about the heart and its proximity
to the lungs. Mr. Rnso r endeavored to
show that she was adding numerous
details to her former evidence.
Mrs. Hill again became angry and
accused Mr. Rosser of doubting her
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 and 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
ernoon, and that as the) left Newnan
> Mrs. Grace left instructions at her
house (Mrs. Hill'si to forward -ome
' mull which she said she expected in
Newnan. back to her home in Atlanta.
M s. Grace talked of this mail to two or
three peopled said Mrs. Hill; otif of
: them was Mrs. Cleveland Orr. who has
i been subpenaed as a witness and is
■ now in I’nion Springs. Ala Mrs. Hill
1 said that she had tried to reach Mis
i Orr, by telegraph and telephone, to gr
in t to''Atlanta so- the trial, but had
failed. Hi foil Mi' GAhi rami' Io
Newnan sale M- H , sin (Mt*. Hi i
had received a letter from her saying :
that she intended to return to Atlanta :
on Friday. March 8. and that she had i
promised to give her (Mrs. Hill) a tea 1
in Atlanta, and wanted her (Mrs. Hill) 1
to return with her. Mrs. Hill said she
also expected to entertain Mrs. Grace '
in Newnan while she (Mrs. Grace) was 1
visiting there.
When Mrs. Hill testified as to the i
foregoing contents of Mis. Grace’s let- i
ter Attorney Rosser, for the defense, 1
objected, but She was allowed to tell
the contents of the 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 doers 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 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 I
box. The marks on the envelope (the
! same as that shown to Cleveland Orr)
I indicated the time it was received at
Newnan.
Mr. Rosser had nothing to ask the
witness.
J. F. DeJarnette was called, but was
i not present.
Prestop Hill, a brother of Grace’s
stepfather, testified to having received
a letter on March 7. The letter he ear.
tied 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 Mr. Grace went up
stairs, presumably to see Grace.
Tries to Show Hills
Thought Her Innocent.
Mr. Rosser attempted to gel the wit
ness to say something in reference to
what John Moore said to Mrs. Grace
the evening of the shooting when he
(Preston 11 ill) saw her at the Terminal
station.
It was Mr Rosser's int* ntion to show
by the witness that the Hill 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 I
while arguments were made on this
point The point wiis waived sot the
time being. Judge Roan staying that he
would tule on it w hen it became neces
sary .
At this period of the trial a distin
guished visitor was admitted to the in
ner rail in the person of (’ongressman
W B, Lamar of Florida. The courte
sies of tlie court were extended him.
I', W S Goldsmith was < aid’d. He
a
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 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.
Defective 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
I following Conversation:
Grace asked his w ife 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 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 tirat
time having shot him. He cited sev
eral eases 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
i 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 bls
usual hammer-headed hoss-sense, that
would be a lynching scene, not a court
scene," concluded Mr. Rosser.
Solicitor General Dorsey contended
j that the evidence was admissible, quot
ing the code and other authorities to
sustain his point.
. "Jf Daisy Grace had remained quiet,
a virtual admission of guilt, we could
offer this in evidence," lie said.
Judge Roan acquiesced in this
Mi. Dorsey contended that the gen
eral statement of Dr Goldsmith as to
tin conversation between Eugene and
I >aisy could be admitted.
My p*it'i *> In Introducing tin- evi-
denee," he said.“’is to show that Mi*
Grace had confronted Grace with th
words: 'What’s this you've been - iy:r
about my having shot you'." when '
can prove that not a living soul I <
intimated to her that she had be ii a
cased. One witness had been with li
nt every step from Newnan to th
hospital, and Grace's accusation agains
her had carefully been kept from liei
Every word Daisy Grace said amount*'
to an admission of guilt, despite li*
verbal denial."
Denies Mrs. Grace
Opened Conversation.
Mr. Rosser denied that Mrs G- .
■ had opened the conversation, ae-coidin
to Dr. Goldsmith’s own statement. T ’
• witness had declared that Grace open*’
the conversation as to the shootini
saying “Daisy, why did you shoot me
and Mrs. Grace had not been the fir-
. to refer to the accusation.
Judge Roan ruled against idmittin
that part of the conversation as to tl
accusations of Grace and Daisy's r*-pl-
He was willing to admit the testimor.
as to the other talk between husban
and wife. The jury was brought ba--I
1 Mr. Dorsey resumed his efforts
introduce the bottles which had eon
tain i] patent medicines. He began
argument by declaring:
"This is a case in which th*' stat
■ must depend on circumstantial *'
denee.
“Mrs. Hill declared that Daisy i
be that she bad given Gene do-’ -
i this medicine, of paregoric, and G-'i
. Dorsett, a policeman, has declm*' I 1 ‘
when Grace was found his eyes «.-•
I enlarged, his pupils dilated.”
Mr. Dorsey began an elaborate sp-
in the presence of the jury, dec-iacin
r that Grace had been drugged, and t'•:•
’ the bottles which had contained
liquids had been in the bath
, about which Mrs. Grace had been
solicitous.
Dr. Goldsmith was examined a*
the contents of the bottles, first a.-
paregoric. The narcotic effects "•
not taken up.
Dr. J. A. Durr, who took th* X
of Grace’s wound on Mai eh 1-'. "
the next witness. He had the o
i plate with him.
' Dr. Durr held up the big plate
: ing th*? shadow picture of Grace s
• and ribs, and explained to the J•'
where the bailee had entered
Grave leaned far ove h**r table '
t around her counsel, and Grace ra
t his head as far as lie could and r :l
( with interest on the photograph
- Dr. Durr delivered quite n lectin-
■ the subject of X-:ays. II' 1 was q
I tinned closely by Mr. Dorsey, in m
■ fort to learn just where Hie bu'i 1
. tered. The X-ray plate was kepi
, evidence.
X-Ray Plates Are
Admitted as Evidence.
•
t On cross-examination Mr- R ‘ ’
t brought out the fact that tie
sometimes fail to show the • xa< t
. tioji of the bullet through dism
Mr. Rosser insisted that ri fra
( caused the trouble, whll*- th" "I
insisted refraction had tmtliii .
with it. Witness insist**! that th
j showed th*' exact place of i-'
Continued on Page Three
WHEN FAGGED OUT
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