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2 JURY TRYING MRS. EUGENE H. GRACE ON THE WAY TO LUNCHEON I ' - „ —. .... A ; . S-f*JL ' TSff BfSggX SE?F> X y.\ »MC< ;W **«Sf WWW w/ X ••■ .*WF HWI J ■-& ■ bfc- ■ Xs&x& Ink. xJssi® & vail •JM. <■ &A.W #i ' xfi a|' ' /#4!lfe tAI S’- wfe r< VI Xu MWI if SBa m ail ■4'W«JwiMf --' OhMIIHSL W -'■. ■ r 1 fl ••■ vaaiMa •?,. SSaHStli .iW 'a | -a. •■ 'n hhhmwSmMHMl -:. ■MMBt’S wp £m / jfl f J J < isrilMiw w / j ISlilk BHHrdBB-vß#- I QEOWW ~; - jl J/p •»•«*■«'. f .< ga ,w4® • ; I j<r. BM wW - oßffi • . > WmMbBWMBBBw . .mu* FMOyJWWB^* I*' 1 *' x Jah Bbst M| < . wP IWs I iMcg|Bragg«MjF '" w "WfW' ■ WwOf iQtliO <r* i WMiy'** *T ’ . „ .^aSisiiy^^^Kw ;^fcwwrv^^^sf -*HMb'■ sgggQsQgy i 3 g, ' •?'.-■••. ' .«._.. - Ct ■ ;■; X'A. . -■«-. w ~ MX . _. >! wOMb Wt 08111-x- —<:.- •■’• ■■* ; Inga WBBBpBP f BiiBPL. < .«« . : '- \s' * i.s<..»x *■■'*'“?<&,. 1 / v( ' W - - ~ |^iy"* r Tag— _ x — . — — - __ 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 I Take Horsford't Acid Ph'’spi'’ I.speelully re*.-<iinriien*li’il a* - 1 ’ ator to overworked body ' n< l healthful ionl<-