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Euqene Grace a Study in Smiles and Frowns as Fight to Convict His Wife Goes On
TRIAL A TENSE CHESS GAME, WITH WITNESSES AS PAWNS
Defense, So Far, Has
Played With State’s
Chessmen and on the
Prosecution’s Side of
the Board.
By DUDLEY GLASS.
It is like a great game of chess, this
trial of Daisy Grace, with the court
room as the checkered board, the wit
nesses as pawns, the lawyers the play
ers. The object of the Black is to ex
tract from the witnesses every state
ment possible which might add a link
to the chain of evidence against Mrs.
Grace and to put that statement before
the jury. It is the object of the White
to balk the Black at every move; to in
terpose objections to every question
which might be damaging to the de
fendant; keep from the ears of the jury
any word of evidence which by a twist
of the law may be ruled out.
It is a game which must be played
according to the rules, and the rules are
myriad and susceptible to many inter
pretations. The judge is the umpire oi
the play; the jury is only the referee of
the final result. The game is to con
vince the umpire that a move is per
mitted by the rules-or is not, according
to whether Black or White is moving.
There are two skillful masters of the
game of human chess manipulating the
pieces in the case of State vs. Daisy
Gracp. Behind them are their asso
ciates in the case, good lawyers all.
But the two are the captains of their
teams. One is Hugh M. Dorsey, solici
tor general of Felton county, and there
fore official prosecutor for the state.
The other is Luther Z. Rosser, associate
counsel for Mrs. Grace and the "court
room lawyer” of the defense. These
two carry on a continuous struggle for
points, with the jury keeping score.
“Leading” a Witness,
A state’s witness is on the stand. So
licitor Dorsey, slight, almost boyish,
seemingly tired out from the strain of
two long days on his feet, begins to
question him. The questions and an
swers are pat enough for a moment or
two. Then —
"Now, Mr. Jones, what did Mrs. Grace
say to you about what she had left in
the bath room?” he begins.
Luther Rosser, brawny as a black
smith, his great round head thatched
by reddish hair which stands out like a
porcupine's quills, is on his feet In a
second, bellowing at the witness. He is
a terrifying object as he glowers upon
the unfortunate on the stand. The de
fendant’s counsel picked their jury law
yer well.
"I object, your honor,” he shouts.
"My friend, the solicitor, is leading this
witness. He’s always doing it. He
puts his questions so the witness can’t
help knowing just what answer is
wanted.”
Judge Roan bends over from his
bench and patiently requests Mr. Dor
sey to put his question in different
form.
"What, if anything, did Mrs. Grace
say to you about a bath room?” is his
new version. The witness answers.
“I object, your honor,” shouts Mr.
Rosser again. “This is irrelevant, hear
say evidence; it is not admissible. I
move that the answer be stricken out.”
But He Really Is the Victor.
The court instructs the jury to dis
regard the question and the answer in
making up Its verdict, to forget that
any such matter was Introduced. Mr.
Dorsey sits down, apparently defeated.
He has been ruled out of order several
dozen times since the case was opened.
But —perhaps the solicitor is really
the victor, not the vanquished. Again
and again he has drawn from the wit
nesses answers which promptly were
ruled out of court. But they had
reached the jury, had been hammered
into the minds of the twelve men who
must decide the fate of the defendant,
and all the charges of a hundred judges
can not remove from the mind of a
human being an impression which has
once found a lodging there. So there
may be a reason for the smile the solic
itor wears as he takes his seat.
Then it is Mr. Rosser’s real play. The
cross-examination begins.
“Take the witness,” says the solici
tor, abruptly.
The witness has testified that he met
Mrs. Grace at the Terminal station
when she returned from Newnan; that
he had not left her for a moment until
she reached her husband’s side in St.
Josephs hospital; that she had been
given no opportunity to be told of her
husband’s reported accusation against
her. He seems relieved at having
passed the ordeal. He doesn't know
what Is ahead of him.
Tangling Up a Witness.
Luther Rosser hitches his chair
around the table, rises and sticks his
round head almost into the unfortu
nate one's face.
"You say you met her at the station?
You say you drove in a cab with her
to St. Josephs? You say you wert*
with her all the while? Now, who else
was in that reception room at the hos
pital?”
"There were several people -a
strange woman and some others
“Were there any detectives in the
room?”
"No,” returns the witness.
"But you said you talked to detec
tives out there. Where were the) ■
"Out in the hall.”
“You talked to them out in the hall,
then. Then you must have left Mrs.
Grace! ”
The witness admits that he loft her
perhaps fifteen minutes, though he was
In sight of her through the door. Vs.
he remembered a woman talking to
her. Mr. Rosser draws from him. by
skillful questions, that this woman con
versed with Mrs. Grace for some time,
and when she closed Mrs Grace ini'
crying.
Things the Jury Doesn’t Hear.
"That's all," »iys Mt- Rod, ab-
these men rode in this auto on the night of gambling tragedy
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The above is an actual photograph of the ear used by the gangsters in carrying
out their plans for the murder of Herman Rosenthal, with photographs inset of the
men who occupied the car and their position, as described by William Shapiro, the
chauffeur, in his confession to District-Attorney Whitman.
Shapiro, who is a part owner of the car, was at the )vheel during the trip to
the Metropole and during the fight. At his side is “Jack” Rose, who hired the car,
GANG KILLS ONE
MORE SQUEALER
Revelations in Appalling Police
Corruption Now Coming
Thick and Fast.
Continued From Page One.
dwarf anything else of its kind ever
known. •
Becker, according to the district at
torney, stands in the shadow of the
death chair as the case now stands, and
his only hope to escape the extreme
penalty is to confess all that he knows.
In order to get the men at the top of
the graft system, Whitman is willing to
grant clemency to Becker and he be
lieves that the latter will sooner or
later break down and tel! the full story.
Becker's nerve has held, fairly well,
so far, but so did the nerve of Rose.
Louis Webber and Harry Vallon until
reflection in their cells for a few days
brought to them a realization that the
district attorney had them helplessly
enmeshed in his net. Then they told
all. Becker, the district attorney be
lieves, will follow the same course. w
But Becker will stand pat and refuse
to according to announcement
made this morning by Attorney John
W. Hart, counsel for the police official
ruptly. He has discredited the witness
by proving his memory seriously at
fault. He has proved that several state
ments of the witness were in conflict.
He has proved, and by the state’s own
testimony, that .Mrs. Grace did have
an opportunity to hear of her hus
band's accusation.
And so the game goes on. Several
times, when a particularly important
question is up for decision by the
judge, the defense has insisted that the
jury be taken from the room until the
matter is thrashed out, thus balking the
solicitor's scheme of getting the matter
before the jury, even without the offi
cial standing of evidence. The whole
matter of Grace’s accusation against
his wife was debated in the absence of
the jury. In fact, the twelve men In
the box have not yet heard Mrs. Grace
accused by any witness of any crime.
So far the defense has played the
game ith its adversaries' chessmen,
upon its opponents' board. It ha» de
pended entirely unon turning the state's
own witnesses against the state. When
the session opened today It had not in
troduced one witness, had not indicated
its intention of doing so. It had not
Intimated whether or not Mrs. Grace
would take the stand in her own be
half. It seemed possible at that hour
that the defense would be satisfied In
arguing before tltf jury that th. state
had not proved its charges and asking
lor a i i.iln verdict of "not guilty."
THE ATLANTA GEORGIAN AND NEWS.WEDNESDAY. JI’LY 31, 1912.
accused of murdering Herman Rosen
thal. The attorney said; »
“Becker has nothing to squeal about.
He has nothing to confess.”
That District Attorney Whitman is
not confident of convicting Becker with
the evidence in hand was indicated
when he said:
“We will need other evidence to sub
stantiate the testimony of these three
men, and we believe we will be able to
get it.”
A Frame-Up,
Becker’s Defense.
Becker’s defense will’ be that Rose.
Webber and Vallon are framing up a
job on him to save themselves. His
friends today declare that he is a man
of iron nerve and will fight to the last
and then go to the death chair if nec
essary without uttering a word to im
plicate any of his superiors or asso
ciates.
A close friend of the lieutenant said
today that Becker’s counsel had the
declaration of five witnesses to prove
“that the whole thing is a frame-up."
Rose, according to this man. was Beck
er’s stool pigeon in getting informa
tion on which to raid gambling houses
and when he, Webber and Vallon found
themselves in a fix that promised either
the chair or long prison terms they
hatched the scheme to get clear by
throwing the burden of the Rosenthal
murder on Becker.
“Becker never had anything to do
with the killing of Rosenthal directly or
indirectly," this man declared.
Becker is under constant guard in his
ceil in the Federal wing of the Tombs.
The removal of Webber. Vallon and
Rose to the East Side prison because
of their fear of assassination has left
as the Rosenthal murder prisoners in
the Tombs. Becker, “Dago Frank" and
Jacob A. Reich, or Jack Sullivan, as
he is known, king of the newsboys and
close friend of Becker.
District Attorney Whitman today
planned to send witness after witness
before the grand jury with added de
tails of the graft and murder case.
Three Men Named
Besides Eecker.
In his confession Rose has named
three men besides Becker who, he says,
Becker told him were appointed to di
vide the graft money that was extort
ed from gamblers, disorderly houses
and other forms of vice that can not
exist without police protection. Beck
er told him, Rose affirms, that this graft
money was divided into four equal
parts. Each one of the men named was
given a fourth to distribute, some of it
in the police department and some
among the powerful politicians in this
city.
According to Rose's confession, one
part went to' an inspector of police who
holds one of the most important sta
tions in tills department. He Is a dis
trict inspector, and his power is such
that !)<■ can put any lawbreaker out of
busiteif he wants to. Bi-cker told
Rose, according to the latter’s confes
sion that this Inspector divided a fourth
of the giaft money he received among
Hie men under him. all of whom are
members of the police force.
r
and who admits he recruited the murder crew. Sitting behind Shapiro is Louis
Marks, alias “Lefty Louis,” who is being sought as one of the murderers. Next, to
Marks on the rear seat is Harry Vallon, who was in the auto, but claimed he left it
before the shooting. Frank Muller, the one with the derby hat, and Harry Horowitz,
looking from left to right in the rear seat, are also being hunted by the police for
the murder.
CMOR KILLS
ANTI-BEER BILL
Brown Holds That Measure
Violates Expressed Will of
the People.
Continued From Page One.
paign which practically ended De
cember 7, 1911, there was really but
one issue before the people, viz; As
to whether the prohibition laws of
this state should remain as now
written or whether they should be
changed.
There can be, therefore, no doubt
as to the expressed will of the white
voters of Georgia upon the subject
of legislation affecting the manu
facture and sale of intoxicating
liquors; hence, if I should sign this
bill, it would be upon the assump
tion that the minority should rule
in the capltol despite the fact that
it lopt at the polls.
There is no propulsive force so
marvelous, yet so compelling, as the
intuition of the people. There is no
greater mandate than their voice as
spoken at the ballot box; and I
will add that the white voters of
this state flnow that this bill was
on your calendar when I made the
pledge above referred to, and they
voted for me with that knowledge.
Hence, I dare not trifle with the
people. The pledge I made is my
compact of honor with them.
Bars Many Articles
Necessary To Health.
But there is another reason tvhy
this bill should not go on the stat
ute books, viz: It is so iltewn that,
in placing under the ban that which
it inferentlally declares is delete
rious to public order, it also strikes
down many articles necessary to
public comfort and health.
The advocates of this bill may
consider that it is heroic to destroy
a beverage even though made aware
of the fact that with it they also
destroy the means of alleviating
human suffering, and, at times, sav
ing lives; but the sober thinker will
take but little time to reach the
conclusion that the wisdom of the
proposition is seriously debatable.
Another objection to tills bill is
found in section 4, which places
upon the executive of the state the
duties which as to every other of
fense except that denounced by this
proposed law is placed upon the
court officers in the several coun
ties of this state. This proposition
is so contrary to the very genius of
• tite governmental plan of Georgia
that it suggests legal absurdity. By
It tin- executive Is commanded io
undertake functions which tb« ■ on-
stitution restricts to the jndicinl de
partment. He must then require a
man to make affidavit whether he
. is or is not a participant in an of
fense against the laws, an oath
which even the courts can not ex
act of any one.
In this addition, or amendment,
to the prohibition law more sacred
or more essential to the protection
of life, liberty and property than
the laws which forbid murder, bur
glary, etc.? No one endowed with
common sense will assert thAt It is.
And no feature of the prohibition
law will so quickly bring contempt
and ridicule upon it and, possibly,
break down the entire prohibition
structure as this section if it were
permitted to go on the statute
book. The people of Georgia hold
their highest office in highest re
spect. and will not brook any ef
fort, however covert, to bring It
into contempt.
Cites Condition
Os The Treasury.
And, as guardian of the credit of
the state, 1 must call your atten
tion to the fact that there is yet
another most practical reason
agains the approval of this bill,
which at tills time has no bearing
of overwhelming importance. I re
fer to the condition of the state
treasury. This reason, I may say,
has been accumulating for some
years.
The duty is upon the governor
to reserve the financial credit of
Georgia, and with such obligation
on him, he is given the power to
vote the items of the appropriation
bill. And yet, with the Tlppihs bill
having been delayed for one year,
with the appropriation bill signed
under the expectation of the receipt
of revenues which are now pro
posed to be taken away, I have the
pressing obligation of preserving
the state’s credit, and the only pow
er I have is to preserve the antici
pated revenues. When this is done
there will still be a deficit of a large
amount, and it is impossible for the
executive to pay money when your
laws have left none in the treas
ury.
It is a matter of common knowl
edge that the deficit which exists
has for years been handled, if I
may so express it, by taking from
the common school fund such
amounts as were needed during a
passing year to pay excesses in ap
propriations made by one general
•assembly after another and carry
ing over the deficit to be paid out
of the taxes received early the next
year. It Is a lamentable fact that
the excessive appropriations have
so steadily Increased by the prac
tice 1 have described that within the
present • year only $239,772.65 has
been paid to the common school
teachers, although they have earned
thus far fully $1 250,000. We are,
therefore, face to face with the fact
that Hie teachers of the common
schools have been deprived by leg
islation already enacted of al least
one million dollars, which they have
earned.
in tills connection, it is proper to
emphasize the well known fact that
the crop prospects in Georgia are
worse this year than they have
been for several years. The con
tinuous, rains and other causes
have wrought serious results to the
farmers of the state. If we now
add to their burdens the payment
of taxes amounting to practically
$150,000 per annum, then we shall
cause them to face an embarrass
ing problem.
Therefore, for the reasons above
enumerated, and for the further
reason that the drastic legislation
herein proposed from which the
referendum has been intentionally
omitted, may be accepted by the
people as an attempt to place a
bridle on their sovereignty, linked
with an imputation on their integ
rity, and is hence calculated to
bring about a revulsion of feeling
which may endanger the existence
of the entire prohibition law, 1 must
withhold my sanction of house iiill
No. 2, known as the Tippins bill,
and impose upon it the executive
veto.
Gentlemen of Georgia, honored
with the confidence of the voters
of your counties—and, am sure, lov
ers of the state—my highest object
in sending this communication to
you is to call you from distracting
Issues, speciously presented, to a
recognition of the ascertained will
of the people. I frankly admit that
I love the people. I have faith in
them; I feel it my duty, in the offi
cial life to which they have caljed
me, to obey them. It is for you to
determine your duty. Respectfully
submitted,
JOSEPH M. BROWN, Governor.
House Votes on
Repassing Bill Friday
By a vote of 107 to 42, on an aye and
nay roll call, the house of representatives
today agreed to postpone action on the
governor’s veto of the Tippins bill until
Friday morning, after the confirmation of
the journal.
Immediately after the reading of the
veto, a sharp fight against its considera
tion today was by Alexander, of Dekalb,
who moved its reference to the temper
ance committee.
This brought forth a counter proposal
that the bill lie taken up for considera
tion at once, and Mr. Hopkins, of Thomas,
moved to pass the bill, the governor’s
veto notwithstanding.
Mr. Alexander then moved that action
on Mr. Hopkins' motion to pass the bid
be postponed until Friday morning, im
mediately after the confirmation of the
journal, and this motion prevailed.
It was evident that the opposition to
the bill felt its complete ability to sustau.
the veto, but there was no bitter objec
tion to the motion going over to Friday.
Mr. Alexander said after the house ad
journed that the friends of the bill had
no objei-t In postponing action to Friday
other than a desire to have duo notice
given all members that a vote would be
taken on the governor's veto at a fixed
time.
i-ome of the* extreme advocates of the
measure charged today that an attempt
had been made to stack the cards on
them, and that the opositlon to the bill
had advance notice of the veto, and that
had faith had been practiced by some of
the oponents of the hill. This idea was
not generally supported by the friends of
the hill, however
rmlcr the status agreed to, the 1)111 must
s*omc to a vote Friday, and hr passed or
rejected definitely, under the motion of
Mr Hopkins.
Wounded Man, as He
Lay on Cot, Followed
Testimony Closely.
Varying Expressions
Showed Emotions.
By T. B. SHERMAN.
How has the trial of his wife Im
pressed Eugene Grace?
What passes through his mind as the
sweltering crowd all about him moves
restlessly, whispers and bickers—all
bent more or less upon catching a
glimpse of him or his wife?
What does he think as the counsel for
the defense and the prosecution argue,
quibble and rail at each other In legal
ized invectives?
Hew does he feel when some curious
spectator fights his way to the rail and
looks down upon him, as if he were a
street fair curiosity? What are his im
mediate hopes as regards the trial?
Does he hope down In his heart for a
conviction? Would he delight in seeing
his wife—the woman upon whom he
lavished love—sent to prison?
What does he know that the jury
never will?
What must be his emotions when
there comes to him the knowledge that
his wife sits only a few feet away wear
ing upon h<*r wrist the A. T. O. jew
eled bracelet which he gave her?
These are some of the questions
which entered the minds of the specta
tors the days that Eugene H. Grace
was a mute witness at the trial of his
wife.
Lies Easily on His Cot.
If any disturbing thoughts have
flashed across his mind since he has
been a witness in the,criminal court
room, there has been no reflection of
them on his face.
He lies easily on his - cot and holds a
close ear to the proceedings of the
court. Every now and then he smiles,
as if some stray witticism had tickled
a remote part of him. A first glance at.
him would indicate that he was labor
ing under some petty Inconvenience.
This appearance is brought about by a
slight pucker between his brows which
is due not to Inward disorder, but the
glare of the sun. He lay in a well
shaded room at home.
His attitude is the same as the nor
mal man assumes when he reads a book
of absorbing interest. The only time
he seemed to strain himself was when
the X-ray negative showing pictures
of his spine and of the bullet's location
was exhibited to the jury.
Dr. Durr, the demonstrator, stepped
down from his chair and held the glass
plate to the light of the window so
that judge, jury and counsel might see.
The plate was dark, as if smoked, with
white streaks across it.
Interested in X-ray Photos.
Grace raised his head and peered cu
riously at these. He was seeing for
the first time the wound which had
brought about his paralysis. Once dur
ing the course of the trial he had an
opportunity to gain a clear view of his
wife.
It was during the progress of Dr.
Goldsmith’s testimony. Solicitor Dor
sey asked the physician to show, on
Grace’s body, the place where the bul
let had entered. For this purpose Grace
was lifted and placed parallel to the
jury box. Had he inclined his head to
the right he would have seen the black
gown, the white hat and the expres
sionless face of hi a wife. •
But lie kept his eyes straight to the
front.
The war of Indifference carried on so
successfully between husband and wife
since Grace was first admitted to the
court room was broken somewhat today
by her. Several times she endeavored
to catch fleeting glances of him over
her shoulder. If he knew about this he
gave no sign. Not once did he make a
similar effort.
Doesn’t Appear To Be a Wreck.
Grace, so far as appearances go,
might be a man in normal health
thrown abed by some trivial disorder.
His cheeks have a good color, his eyes
are clear, he speaks in rational tones—
and his hands, though thin and bony,
haven’t the appearance of tnose of one
ravaged by disease.
In point of fact, from a 'ittle above
his hips on up he is as well as he was
the day before he was shot. All below
that—might as well not be there so fai
as serving a function is concerned.
Once during the trial the court was
startled by a decided movement of
Grace’s feet. Grace didn't seem to be
aware of what had happened. Soma
one questioned him and he smiled.
Often Aids His Attorneys.
”1 wish it were so.” he said. "I would
give almost anything to see their use
fulness restored, but it’s not so. If you
don’t believe me, stick a pin in my
leg and see how much it affects me.”
Grace is not reluctant about offering
suggestions to his lawyers. He fre
quently points out where a question
might be put to advantage for his side.
During his stay In Atlanta Grace is
resting at the Piedmont sanitarium. To
several of his fridnds he said he had
not slept very well his first night here.
During the early hours of the morning
he suffered a severe chill, but it had
passed entirely away by the time he
was ready to come to court.
COURT FREES GROCER OF
CHARGE OF SHOOTING DOG
Abe Kaplan, a groeeryman. 186 East
Georgia avenue, was cleared In th«
police court tills morning of the charge
of shooting "Skinner," the pet dog ol
Anna Gorgan, a negro woman. 541
Glenn street. Somebody shot Anna’l
dog Saturday night, but the evidenct
was too confilcting to connect Kaplat
with the affair.
5