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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 tvord 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 pretatioris. The judge is the umpire of 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 Grace. 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 Fulton 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. Ho 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 :nd 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 woo 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 ho 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 were with her all the while? Now, who else was In that reception room at the hos pital ?” "Ther6 wore 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 they?" “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 left her Perhaps fifteen minutes, though he was in sight of her through the door, les; lie 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, nd when she closed Mrs. Grace was crying. Things the Jury Doesn't Hear. That’s all,” says Mr. Rosser, ab- THESE MEN RODE IN THIS AUTO ON THE NIGHT OF GAMBLING TRAGEDY pF / xZm r - • Hi... OK I JEMMb I ’ • —J j! MMb -J < ■ .KdtWMM gMEHMimMA' ■ S SP'' Lb B vt ■ tu?"•• Jr JflSDHfflnßS x. if *»- xL-tF’’ JcMw SMES’ I •• ' ■ . ...-.zLui -———.— ‘ = 1 ■“ - - JgjiSi ... —fi ——— — The above is an actual photograph of lhe car used by the gangsters in carrying out their plans for the murder of Herman Rosenthal, tvit.h 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 wheel during the trip to the Metropole and during the fight. At his side, is “.lack” Rose, who hired the car, TROOPS TRIER uvedownodium Kentucky Militiamen Conduct Themselves in Contrast to Spanish War Volunteers. ANNISTON. ALA., July 31.—Gen eral Roger Williams, commanding the Kentucky militia at Camp Pettus, has fo’bidden the appearance of any Ken tucky soldier in the city without his blouse, which must be worn buttoned. I Neither are any of the men permitted I to carry their side arms into the city. | To enforce his orders he has estab lished provost guards in the city. Geneial Williams has established the strictest discipline among the Ken tuckians. His purpose is to biot out the odium engendered by the Kentucky volunteers encamped here during the Spanish-American war. when there were frequent, shooting affrays and other disorder. The general drinking cup has been officially tabooed by General Williams In the camps of the Kentucky regi ments for the purpose of preserving the health of the militiamen. 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' hoard. It has 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 the Jury that the state had not proved Its charges and asking for a plain verdict of "not guilty." THE ATLANTA GEORGIAN AND NEWS. WEDNESDAY, JULY 31, 1912 C. L. ADAMS IS SUED BY WIFE; SAYS SHE NEEDS MORE MONEY Because C. Littlepage Adams failed to provide for his wife as she believes her position in life demands, she has sued him for divorce. The petition was filed in superior court today. Mr. Adams is president of C. L. Adams & Bro., a contracting firm at 319 Peters building. His wife, Mrs. 1,. Magnolia Adams, charges that he left her several years ago, when they lived In Birmingham, and has not since given her a sum sufficient to meet her social obliga tions. LIBER DEALERS DE MO.IN TRUST Twenty-nine Companies Are Found To Be Combined to Control Prices. JEFFERSON CITY, MO., July 31. That the 29 lumber companies doing business in Missouri are In a trust to control prices was the finding of Spe cial Commissioner Reynolds, filed with the Missouri supreme court today. The commissioner finds that the 29 companies defendant in the case and members of the Yellow Pine Manufac turers association violated the anti trust laws in four particulars: First. By issuing a price list through a price list committee and the asso ciation conforming to this price list. Second. By curtailing output of lum ber during the years 1904 and 1908 for the purpose of Increasing the price of yellow pine. Third. By entering into what was known as the joint trade relatlonsagree • ment in the year 1904 between the members of the Yellow Pine Manufac turers association and members of the various retail dealers associations, whereby the manufacturers and whole, salers agreed to sell only to certain re tail dealers. Fourth. By certain practices known as trade ethics practiced by members of the association in blacklisting cer tain retailers. The report will be argued at the Oc tober term of the supreme court. The companies represented a total capital stock of $15,000,000. Twenty two of them are Missouri corporations and the others are foreign companies. DENIES WATSON AID. At’GI’STA, GA.. Julj 31—Congressman Thomas W. Hardwick today issued a statement saying Thomas K Watson did not help him defeat W. II Fleming for congress In 1902. an<l making clear Ills dealings with Watson during that memor able campaign when he won over Flem ing. who Is now seeking to defeat him r ,r re-eieetlon. GOVERNOR KILLSI ANTI-BEE R BILL Brown Holds That Measure Violates Expressed Will of the People. Continued From Page One. stltution restricts to the judicial 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 anti 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, J must call your atten tion to the fact that there is yet another most practical reason agalns the approval of this bill, which at this time has no bearing of overwhelming importance. I re fer to the condition of the state treasury. This reason, I may eay, 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 bi!!. And yet, with the Tippins hill 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 Ihas for years been handled, if I may so express It, by taking from the common school fund such 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, hut 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. 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 I 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 the teachers of the common schools have been deprived by leg islation already enacted of at least one million dollars, which they have earned. In this 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, I must withhold my sanction of house bill 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 called 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 be taken up for consldera ’ tion at once, and Mr. Hopkins, of Thomas, GANG RILLS ONE MORE SQUEALER Revelations in Appalling Police Corruption Now Coming Thick and Fast. Continued From Page One. cell 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 Becker. In ids 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 this department. He is a dis trict inspector, and his power is such that he can put any lawbreaker out of business if he wants to. Becker told Rose, according to the latter’s confes sion, that this inspector divided a fourth of the graft money he received among the men under him. all of whom are members of the police force. moved to pass the bill, the governor’s veto notwithstanding. Mr. Alexander then moved that action on Mr. Hopkins’ motion to pass the bill be postponed until Friday morning, im mediately after the confirmation of the Journal, and tills motion prevailed. it was evident that the opposition to the bill felt its complete ability to susta... 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 object In postponing action to Friday I other than a desire to have due notice t given all members that a vote would be > taken on the governor's veto at a fixed , time. Some of the extreme advocates of the ' measure charged today that an attempt had been made to stack the cards on • them, and that the oposition to the bill had advance notice of the veto, and that bad faith had been practiced by some of • the oponents of the bill. This Idea was not generally supported by the friends* of the bill, however. , t'nder the status agreed to, the bill must come to a vote Friday, and be passed or ' rejected definitely, under the motion of . Mi. 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—ait 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? How 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 her 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 wras a mute witness at the trial of his wife. Lie* Easily on His Cot. If any disturbing thought* 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 glanoe 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 Photo*. 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 hie head to the right he would have seen the black gown, the white hat and the expres slonlesß face of his wife. But b« 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 Wreok. Grace, so far as appearance* go, might be a man in normal health thrown abed by some trivial disorder. His cheeks have a good color, hl* eyes are clear, he speaks in rational tones — and his hands, though thin and bony, haven't the appearance of those of one ravaged by disease. In point of fact, from a Mttle 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 far 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. Some one questioned him and he smiled. Often Aid* Hi* Attorney*. “I 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 1 resting at the Piedmont sanitarium. To i several of his friends he said he had 1 not slept very well his first night here. . During the early hours of the morning he suffered a severe chill, but it had 1 passed entirely away by the time he was ready to come to court. 1 COURT FREES GROCER OF CHARGE OF SHOOTING DOG ’ Abe Kaplan, a groceryman, 18fi East i Georgia avenue, was cleared in the j police court this morning of the charge i of shooting “Skinner," the pet dog of ’ Anna Gorgan, a negro woman, 542 * Glenn street. Somebody shot Anna's t dog Saturday night, but the evidence 'j was too conflicting to connect Kaplan with the affair. 5