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JURY TRYING MRS. EUGENE H. GRACE ON THE WAY TO LUNCHEON
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STATE ADMITS IT
HAS NJ DIRECT
met
“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 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 Grace's mother to go
back to the Atlanta home, and had
actually promised to give a tea tn
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, gav<
tn young Hamilton Hill a revolver
from her satchel, showing her fea>
that it might be found upon het
person
Defense May Not
Offer a Witness.
That is the case of the -tale, in brief.
Tn 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 announced
whether or not Mrs. Grace would take
the stand in lie: own defense It is
possible that the woman's counsel max
• onside the state's chain of evldenct
so weak thai they will rest the case
when the state's testimony Is In and
let it go straight to the fury after
argument, without oiYeing one wit
ness on their own behalf This will i>.
det erm in ed to m o rro w.
Hamilton Hill (trace s ha .f-brother,
who was on the stand when tile ease
closed for the fiist day. was not present
when called today. Neither was Mis.
Lewis Hill, and the officers of the court
explained that Tie train from Neivnnn
was late and the witnesses would be
heard later I: v,e then decided to
)»k< a recess lor a few minutes, and
th< jure wa- sent bin k to its room for
the intel Im.
At 9:30 oh lock tile court was again
• ailed to order and Hamilton Hill re
sumed the witness stand The crowd
•'as giving a great deal of t -oub’.- to
110 attorneys Mr. I’m ■'er Insisted that
spectators 10. moved a a i t from the
Jun ,
1 . fto.-sei resume.! hi- ' < xami ■
1 ■t> of young Hl K'.ttai In the
home l ie or the <line-s
The liny i.isto u h| ( )| M, .
KtiVe ths boy a, Newnan, just 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 find whenever an opportunity
arose he 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 tile satchel. If it
could be shown that there was room in
tlie 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 tp 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 tire of ques
tions
Mrs. S 1.. Hill, the mother of Eugene
Grace, next took the stand. She wore a
flower-covered straw hat, a white shirt
waist, black gloves and a gray skirl
Mis. Hili 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.
"It’s not so." said Mrs. Grace, ac
cording to the witness. “If anybody
shot him it was J. C. (referring to the
negro. J. Ruffin). They had a quar
rel yesterday and J. 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 ill and i
she had given him some Radway's
ready relief. lie had complained of.
feeling numb, she said.
Daisy answered Ihe phone several
times that day. Whenever It rang siie
went and answered it. When my broth.
•I gave im the news that Gene was
conscious in St Josephs hospital 1 told
I >aisy
'How could he be conscious when
ht is shot through the lungs." Daisy
asked. Then she asked me how far the
| lungs were from the heart.
"When Daisy heard the doors had
been broken in she said: 'lt will take
money to fix those doors '
Mrs. Grace Expected
To Find Hun Dead."
"When she heard tin- crowd had gone
through the bath room site said: 'I left
some soiled clothes in that bath room.'
"Daisy was coming back to Atlanta
i on the next Friday, if Gene had not
been snot sin had planned to give me
■ a tittle ti a heie I had also planned a
little affair.'
W< expct I U> snow tout utiiiiil. " said
■ Mr 1 >.<t i-.<i t. is v Oman, Mrs.
G» • t.id •■x pm i ■ o tome ba k to
lAllmitH mt Friday witli the mother ol
• •'tin man - hud slim, ■ xpe-ting they
THE ATLANTA GEORGIAN AND NEWS. TUESDAY. JULY 30. 1912.
MRS.-GRACES AGED MOTHER
CONTENT WITH DRIFT OF TRIAL
Here is lite view Mrs. Martha I’lrich. mother of Mrs. Daisy
Opie (trace, 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 niv daughter which would tetu.l. in auv
way. Io substantiate the charge that she shot hfer Ifnsbahd.
All that has been proved so far is 1 liat hb 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
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.
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
d ress."
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 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, ami 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 lie got in the house, as
she had left the doors locked."
Mr. Rosser cross-examined the wit
ness,
Mrs. Hill said Daisy had ottered to
let her (Mrs. Hill I 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 tl’.is line and Mr. Hosser had trouble
In calming her. He begged hei not to
lose patience
Mr, Hosser and Mr Dorsey engaged
in a healed tilt over questions on life
insurance It will be remembered that
certain policies in the I'enn Mutual, in
favor of Mrs Grace were catteeled by
the company after tin shooting mi the
ground that Grace had obtained then
by fraudulent statements
Tin insurance premiums wete freely
referted to by Grim as the 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 tide. She had frequently urged
Gene to take out insurance, but never
in such an extravagant amount.
Mrs. Hill Becomes
Angry at Questioner.
t>n 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.
Mis. Hill again became angry and
accused Mr. Rosser of doubting ner
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.
Mis Hill -aid she and Mrs Gt ace re
| turned to Atlanta at 6 o'clock that aft
ernoon. and that as they left Newnan
Mrs. Grace left instructions at hi r
hour. <Mis, Hili'si to forward some
mull which she said sh> expected tn
Newnan, back to her home in Atlant.
M.s. Grace talked of this mull to two or
three people, said Mrs. Hill; one of
them was Mrs. Cleveland Or:. who has
bem subpenaed as a witness and is
now in Union Springs. Xia Mrs Hid
said that she had tiled to reach Mis
On. by telegraph and telephone, to get
hei to Atlanta so the trial, but had
filled ll«ioi> Mrs Grace came i
N wtiati -i Ml- H in (Mrs Hl. I
had received a letter from her saying
that she intended to return to Atlanta
on Friday, March 8, and that she had
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 t,here.
When Mrs. Hill testified as to the
foregoing contents of,Mrs. Grace's let
ter Attorney Rosser, |or the defense,
objected, but she wasjUTiowed to tell
the contents of the letter showin tr 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 be 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 McCord, a mail carrier at
Newnan, was next. He had delivered
I 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 to ask the
' witness.
J. F. DeJarnette was called, but was
i 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 Mis. Hill and
others.
Mrs. Grace, when she saw Preston
: Hill, questioned him as to the condition
of Grace's wound. He saw .Mrs. Grace
I get in a cab with AL. Prioleau and
start off.
The witness went to tlie St. Josephs
; hospital later and again saw Mrs. Grace
in the reception room. He was in the
hospital when Airy Grace went up
stairs. presumably to see Grace,
> Tries to Show Hills
Thought Her Innocent.
| Mr. Rosser attempted to get tlie wit-
• ness to say something in reference to
what John Moore said to Mrs. Grace
tlie evening of the shooting when he
(Preston Hill) saw iter at the Terminal
i station.
s It was Mr. Rosser's intention to show
by the witness that the Hill family be
. lieved, at first, in Mrs. Grace's inno
■ cence. Solicitor Dorsey contended that
i the evidence was inadmissible, because
it was hearsay and was a privacy be
» tween counsel and client.
1 The jury was excluded from the room
. while arguments were made on this
t point The point was waived for the
t time being Judge Roan saying that he
• would t itle on It when it became neces-
• sary
1 At this period of the trial a distin
guished visitor was admitted to the in
ner rail in the person of Congressman
I W. H l.atnat of Florida The courte
sies of the court were extended him.
t Di W S < iold«inltll was i ailed. 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 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 thf* 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 Iter 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 Airs.
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.
I 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 site turned
to het 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 six 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 wdfe in the
presence of Dr. Goldsmith should be
excluded because slit 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
w ife'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 bj Air. Branch in his
usual hammer-headed hoss-sense, th at
would bt s a lynching scene, not a court
scene,” concluded Air. 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 eotild
offer this in evidence," he said.
Judge Roan acquiesced in this.
Mr. Dorsey contended that the gen
eral statement of Dr Goldsmith as to
the I’nnvt isution between Eugene and
Daisy could be admitted.
My piirpo e in introducing tit's evl
W;";;& W
denee," he said, "is to show that M'-.
Grace had confronted Grace with tic
words: 'What’s this you've been -it in:;
about my having shot you'.” when ' -
can prove that not a living soul ha-l
intimated to her that she had been a--
cused. One witness had been w ith In •
at every step ftom Newnan m t-■
hospital, ami Grace's accusation igainst
her had carefully been kept from hei
Every word Daisy Grace said amounted
to an admission of guilt. d-spite h-■
verbal denial.’’
Denies Mrs. Grace
Opened Conversation.
Air. Rosser denied that Mrs. Ginr<
had opened the conversation. accotdinE
to Dr. Goldsmith's own .statement. Th«
witness had declared that Grace opener
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 admitting
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 husbam
and wife. The jury was brought back
Air. Dorsey resumed his efforts i
introduce the bottles which had con
tained patent medicines. He began hi
argument by declaring:
"This is a case in which the stat*
must depend on circumstantial ■
denee.
"Mrs. Hill declared that Daisy to ■
her that she had given Gene doses
this medicine, or paregoric, and Gen-
Dorsett, a policeman, has ilecla-.• I tl
when Grace was found his eyes
enlarged, his pupils dilated."
Mr. Dorsey began an elaborate sp<’*>'
in the presence of the jury, din a in.
■ that Giace had been drugged, ami r na
, the bottles which had contained
liquids had been in the bath room
, about yyiiich Mrs. Grace had been -
solicitous.
Dr. Goldsmith was examined «•-
the contents of l lie bottles, first
paregoric. The narcotic effects «'
not taken up.
Dr. J. At Durr, who took Ihe A
of Grace’s wound on Ma: eh 1? '
the next witness. He had the <i ;’
' plate with him.
' Dr. Durr held up the big plate >
ing the shadow picture of Grace's :
and ribs, and explained to the jury
where the bullet had entered.
Grace leaned far ove- ber table m s
: around her counsel, and Grace r.c-'
i his head as tar as lie could and -
- with interest on the photograph
' Dr. Durr delivered quite a leetiit- -
the subject of X-:ays. He was -i
tioned closely by Mr. Dorsey, in l|! '
■ fort to learn just where the bul ! -
. tered. The X-ray plate was k- I
, evidence.
X-Ray Plates Are
Admitted as Evidence.
On cross-examination Mr.
brought out the fact that t- 1
sometimes fail to show lhe < x.i
[ tion of the bullet through dis’-
Al Rosser insisted that ref ■
, caused the trouble, w hile the ■' i
insisted' refraction hail nothim.
with it. Witness insisted that tn-
j showed Hie exact place of 11
Continued on Page Three
WHEN FAGGED OUT
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