Below is the OCR text representation for this newspapers page.

2 JURY TRYING MRS. EUGENE H. GRACE ON THE WAY TO LUNCHEON ~ ~— YsBL r" Z ' j fr' —~ I ■ \ 'Moßasi @BM -V -*'?* '•■'* W M' s IWNI 13$ *k. .-•- > r£Wc.. W®H /W AOa» . *■• -3KW ’ ®te va " r > fw. v « .jtj® i Ask / Wy -iw . -Ml ; >J /r^klk' m .KA'M mKB IB • - ißlh >\ ~ wBBBMzBMBteWI cSßii Wkw \ ”’? .wwrMMI ■s»• i k MMfflSMtawW .... MftSnk TfamHliiP *' rJr Jt” m j''l BP J* I al x \1 - **i ' w</F HMM s/». -> F> w i ' 4 z# HRMI M .£a I 1 1* • . -BBBBBIBwSI K S f jt a g 3»»aMM Ami JSm ? /f • ■ -fIBMBMMk ->fgw* h w • 4L.MMwmff - w| I .1 A IlSihSg ® J WmmmMLi 4 w ..> ala <"■ Bw w . WSMBEBRjg V w i Kv 1 wf > \JMLdMR& ' Ot w> • .. jiiif.. ■ ■ ' ’ • ' "**’**'**•♦ *=— ml jwfe ' W * •■■ Biff Fw ■• ’■ x 4 ’ rflayjffic ~Ar->^:>\’-; • ; S^-'-' ■''' ■'>' ••* r^**^ z . \ V ' : ’ k Ww lw — -• ..„ .—o “ . ___ 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 Take Horeford’a Acid Phosir ' ially I<•< (niuneiuhd a- h'.oi in overworked bods and •. healthful tonh