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PRINCIPAL FIGURES DURING SESSION BEFORE JUDGE ROAN <<Sl • •' *) < i v / WMBB *A \ : «OF ftJ Imtw dfIPPHHI W M Mub Jl O -X? -•* WT 1-mL w •' A M ~' AwdrwMF "$»• !>>-<> nxmiih MffiftL < WS P 11m A A IffiLj* fflk -' ®* . -«J * X'- Jir fin J 1 E»SMIA f j < ?18K» *s!te iHf 1 JSf ** * £ wK ?■ - , < c Z1 - WBMgFaifBF /y WnW - a * k , IHftnKLi?- ff.K: Ate- W I rft ■ ,; >. A i ,WtlZjtfii - x jp' ■ ' w JMLuJaall » <;_ 'i jjfef .'.•w?’W ’ B "*■■'. B & - : "> > *"*iA wgiM llbb <, R Jr jhAMBM i|jw&4 BMMB < ' .-V —< & k if '•'•••!£ ™ Z JKdIRRMMrJ^H9 ! '-’>W w ar.,.: .*&W In® *W • < v ww?rfW a • V' NO. 5 INDICATES HUGH DORSEY, COUNTY SOLICITOR. B. H. PINSON, AN ELK BROTHER OF GRACE, IS IN FRONT OF MR. DORSEY. NO. 6 IS T. J. FISHER, AN- OTHER ELK; AND NO. 7 IS J. G. TURNER, JR., ALSO AN ELK, WHO HELPED BRING GRACE TO ATLANTA ON A SHOT HIMSELF. GRACE DEFENSE attorneys for Wife Spring 9T\ Sensational Theory and Ev * idence. Continued From Second Page. She was shown a piece of oilcloth and asked to identify it. She said Daisy had kept it on her little boy’s bed and on her own, to protect the mattress. That was all the defense asked. Mr. Dorsey wanted to know what marks were on the cloth which made , witness able to identify it as the one % used in Philadelphia. f Mr. Opie, Daisy's first husband, had died. Then Daisy married Grace, said the witness, on cross-examination. Mr. Dorsey tried to bring out the fact that Daisy's first marriage to Grace, the false ceremony, was soon after Opie’s death. Opie died, she said, on February 22. Daisy married Grace on March 8. | Doctor Gives Expert Testimony. Dr. J. N. Ellis, a physician and sur geon. was next. ‘Tf a person is shot in the chest with a a ,32-caliber pistol and a pressure caused on the spinal cord, would that (cause immediate paralysis?” he was asked. & “Not necessarily," said the witness. G “Such a wound would not necessarily be a painful wound." Mr. orsey cross-examined. He asked about the character of shock at. the time the wound was inflicted. Witness said It would be rather severe shock. “How long would It hav ean effect on body and mind?” Witness couldn’t say. Shocks were very variable. Might have been a very profound shock. Probably It was." * Grace to Confront Wife as She Testifies. f When Mrs. Grace goes upon the wit ness stand in her own defense, site will be confronted by the accusing face of her wounded husband, who will lie fac ing her upon a litter less than ten feet away. Grace was carried to the court room today for that purpose. His friends say that the plan of confront ing her is Grace’s own, and that it grew out of his belief that if he faces the woman who he says shot him, when I she begins to tell her version of the case, the sight of him there and the si lent accusation of his presence will break her nerve and confuse her testi mony so much that her own words will damage instead of help her. It was for that reason that the six friends of Grace, who have stayed al i most literally at his side since he came Ik to Atlanta from Newnan for the trial, were told to be early at the sanita ' rlum this morning to await Instruc tions from the court room to bring him there to face his wife. The same idea had been in the mind of the prosecu -1 tion yesterday when Grace was carried from the hospital to the clerk’s room in the court house, and lay there for hours • within quick call of his lawyers. He was not taken into the court room yes. terday because the long wrangle over the admission of certain letters delayed I the closing of the prosecution's case and because the whole spirit of the plan , v.ar to have him confront his wife foi 1.; the first time again as she should be a mtalnr the oath. Then, when the dav's session ended without the opening of the defense, Grace was carried back to the sanitarium by his friends. The wounded man is said to have im plicit confidence in his ability to stare his wife into confusion upon the stand. Friends said that he was absolutely de termined to confront her, and labored under tremendous excitement until his attorneys and the doctors consented to his plan. Since his collapse on the first night of the trial here he has recovered suf ficiently so that his condition now is said to be no worse than when he left Newnan for Atlanta. At first, however, the doctors demurred. They pointed out out that he is so weak that the tre mendous excitement of the dramatic confrontation in the court room might cause a fatal reaction or even his death upon the spot. But the lawyers say that Grace had conceived a splendid plan, and, after several explanations, the physicians admitted that he would probably be none the worse for carry ing out the plan upon which he was so determined. The Witnesses For the Defense. John W Moore called the following witnesses for defense: E. F. Mfeckle. E. E. Lawrence, partner of Grace. S. D. Beauchamp. Dr. Chunn. Dr. Samuel H. Green, county physi cian. John Suttles, jailer. Scott Todd, druggist. M. O. Ja'ckson. S. H. Morgan. Russell Bridges, of Alkahest Lyceum. Sylvester Kenney, Mrs. Mary Bohnefield, matron at the police station. Mrs. Martha Ulrich, mother of Mrs. Grace. Mrs. Louise Wilson, trained nurse to Mrs Grace. Thirteen witnesses were on the list called. It was evident from the calling of the list that the defense would go into the case today to establish its own case and not rest on the state’s case. “We rest, your honor,” Solicitor Dor sey had announced. "Our witnesses have been examined.” There~was a scurrying to telephones by the newspaper men, a buzz of sur prise over the audience. Judge Roan turned to the lawyers for the defense. "What will you do, gentlemen?” he asked. The crowd hung breathless upon the answer. Perhaps the theory of the de fense would be at last suggested. Per haps Mrs. Grace might take the stand. "We want to take a rest and get back into solid form,” growled Luther Ros ser. “We’re almost melted and run ning down the stairs.” The answer broke the tension. A laugh swept over the room and was cut short by the angry bailiffs, worn to the breaking point with three days hand ling of an unreasonable throng. The ■case closed for the day without the slightest hint of the plans of the de fense. Dorsey Will Forge The Links Together. But the state had submitted Its case to the jury, all but the masterful sum ming up by the solicitor, the eloquent arguments by the several lawyers for the state. That summing up of evi dence will be the great work of the state's counsel. The solicitor must take each separate link of the testimony ex tracted from the numerous witnesses and weave them into a chain so strong that it can not break at any point, a chain which will stand the assaults of the shrewd counsel for the defense without a strain. If there is a link missing in this chain, the case Is lost, for the Jury must find the defendant eiilltv "without a reasonable doubt." THE ATLANTA GEORGIAN AND NEWS. THURSDAY, AUGUST 1.1912. “Prosecution Can’t Question Mrs. Grace” “Mrs. Daisy Grace will take the wit ness stand and make a statement,” said Attorney James A. Branch this after noon. “I do not think she will reach the stand this afternoon, as we have a number of witnesses to examine, and it is customary for the defendant to make her statement the last of all. It is more probable she will be heard tomorrow. "Mrs. Grace can not be put under oath, and she can not be cross-exam ined or harrassed by the state. She can make her own statement, just as she pleases, can talk as long as she likes, can stop when she pleases. “Mrs. Grace will tell the story of Grace's continual demands for money, of his desire to sell her Philadelphia home, of their quarrel on the morning of March 5 about 11 o'clock, of the struggle with the pistol in his hand, of the accidental shooting. She will tell of the promise she made Grace and how faithfully she has kept it. “We have already broken down the evidence of the state and we shall do more than that. We shall prove that Mrs. Grace is absolutely innocent.” and the court must so instruct them in his final charge. Here are the links of scattered testi mony which Solicitor Dorsey must forge into the chain which will bind Mrs. Daisy Grace in prison, the items of circumstance which are the state's only dependene. For, it must be re membered, nobody saw Eugene Grace shot; he has never been able to state with positiveness that Daisy shot him, and.,so far as the jury is concerned, he does not exist, for the law forbids his testifying. There is nothing but cir cumstance to prove the case of the state. The-Complete Case Against Mrs. Grace. The state has proven, or contends that it has proven: That Mrs. Grace and Eugene spent the night together at their home. That Grace was groaning next morning when the servant built the fire. That Daisy spoke to him and said he was “sleepy” and he replied: "That’s not what’s the matter with me.” That Mrs. Grace locked the doors, or told the serv ants she would lock them; that she ordered the servants to remain away from the upstairs rooms until her return; that she left the house about 11 o’clock; that Grace was ‘found wounded in his room about 2 o'clock. That Mrs. Grace took with her to Newnan a black dress, planning to wear it back as mourning when the news that Eugene was dead should reach her; that when the news that he was wounded came, she won dered how a man shot through the lungs could live; that when she reached the hospital she upbraided Grace for accusing her when she had been given no opportunity to learn of his accusation. (The de fense claims that she HAD been given this news in the hospital waiting room, and proved that she had had the opportunity.) That Mrs. Grace had given Eu gene overdoses of narcotic pafent medicines; that he was drowsy when he found himself wounded; that the blood was dried on his night gown and lie had evidently been shot several hours before. That he accused his wife of shoot ing him; that he repeated this in spite of her denials. That two life Insurance policies, for SIO.OOO and $15,000, were taken out bv Grace in Daisy’s favor and these constituted the motive for the crime. Charge She Planned Crime Three Months. That Daisy had planned to kill her husband as far back as Jan uary-, three months before the crime: that she had used a type writer In the North Boulevard home, where the Graces lived then, to write the noted “down-and-out • friend letter” purporting to come from Eugene to Daisy, and had kept this until she had shot Eu gene. That she had mailed this, and a penciled note of the same general tenor, to herself at Newnan after shooting Grace; that these were designed to constitute an alibi for herself and to fix suspicion of the crime upon this fictitious friend of Eugene’s who had "spent the night with him.” (The defense maintains that no proof has been shown that Grace did not write these letters; no proof that Mrs. Grace had any knowledge of them; it contends that Mrs. Grace could not have mailed them at the hour of their postmarks; that it is not the burden of the defense to prove who wrote them. The ab sence of proof of authorship of the letters is the weakest point in the state’s chain.) Following the introduction and ad mission yesterday afternoon of the two letters which were received in Newnan the day of the shooting—Detective Bul lard was placed on the stand. He tes tified to having seen Mrs. Grace first at the Terminal station the evening of the shooting. He followed her to St. Josephs hospital and heard her hus band accuse her of having shot him. He put her under arrest there. A sub sequent conversation was held between him and Mrs. Grace at the police sta tion. W. H. Kiser testified to having leased the Eleventh street house to the Graces. The lease itself was ruled out as evi dence. The state summoned a Mrs. Stallings, but the officer returned and said that Mrs. Stallings had pleaded sickness. His statement to this effect was put in the record. The state then rested its case. SOLDIERS TO PARADE STREETS OF ANNISTON AFTER SHAM BATTLE ANNISTON, ALA., Aug. I.—Follow ing the sham battle to be fought to morrow and Saturday morning at Blue mountain pass, the troops at Camp Pettus, under command of Colonel J. T. VanOrsdale. will parade through the principal streets of the city as they re turn to camp from the battlefield, thus affording the citizens of the city an op portunity to see the 3,500 to 4,000 men at the camp in action. This will be the closing maneuver of the season, as the camp will be vacated Sunday by the National Guard. The procession will be about one and a half miles in length. The soldiers will be accompanies t>y six military bands The parade will be composed of the two battalions of the Seventeenth in fantry, three troops of the Eleventh cavalry, under command of Major E N. Jones; the First, Second and Third regiment of Kentucky, under com mand, respectively, of Colonel William A Colston. Colonel J. E. Allen and Colonel Jouett Henry; the Second South Carolina regiment, under com mand of Colonel Charles T. Lipscomb, and the First Alabama, commanded by Colonel G. J. Hubbard. MADISON BELL ENTERS RACE FOR SOLICITOR Madison Bell today formally entered the niee for county solicitor, when he paid the assessment of SBSO to become a candidate. Bell Is preparing a per sonal canvass of the county. ALEXANDEFIISIN GOVERNOR RACE Dry Leader Enters at the Last Minute—Declines to Discuss His Plans Now. Continued From Page One. should be thrashed out. I believe in the initiative, referendum and the recall All of these are big propositions, and rank in dignity- with prohibition, the so-called Tippins bill, and other prob lems. “If the people will hear me —if I can get the ear of the people—l shall de liver them a message that will inter est them and set them to thinking, it it does not elect me governor.” While Mr. Alexander evades and smiles away- the suggestion that Gov ernor Brown’s veto of the Tippins bill was the real cause of his candidacy, the impression is firm In the minds of a great many people today that it un questionably was. Mr. Alexander is, and always haa been, opposed to the Brown element in Georgia politics. He was one of Gov ernor Hoke Smith’s stoutest-hearted lieutenants in the days of Mr. Smith's most vigorous activity in Georgia af fairs. and much of the strength he hopes to assemble in the forthcoming fight will be drawm from that quarter, if he gets it. To Seek Nor Give Any Quarter. Mr. Alexander pointedly refused to permit a referendum clause attached to the Tippins bill, and plainly said he would seek and give no quarter on the matter. It has been charged, indeed, that Mr. Alexander designedly declined to coun tenance anything byway of compro mise on the Tippins bill, with the view of putting the governor "in a hole" on that question. The governor’s veto, therefore, has been accepted, so some of Mr. Alexander’s friends say, as an acceptance of the Alexander challenge, and that Alexander's candidacy became inevitable upon its appearance. The fact, that they say that today, and declined to say it yesterday, is taken by observers to mean that Mr. Alexander's candidacy, although pre sented w’ith suddeness today, was, nev ertheless, carefully considered and has much more behind it than some people at first blush may think. That Mr. Alexander must have re ceived assurances of support from in fluential and powerful quarters is gen erally accepted. Otherwise, politicians ean not figure how’ he hopes to win. Wright Probably Will Aid Him. Mr. Alexander himself is as mum as an oyster on that point, and in reply to inquiry said he had a lot of friends among the old Hoke Smith faction in Georgia, and that he thought many of them would support him, but that he "would not be a Smith factional 'candi date.” There is an Interesting rumor abroad to the effect that Seaborn Wright, of Rome, In a personal interview, has as sured Mr. Alexander of his cordial co operation in his fight. Mr. Wright Is the most prominent prohibition leader In Georgia, and has always been a strong Hoke Smith man. The '‘Diabolical Plot' of Mrs. Grace WEIRD GRIPPING STORY By DUDLEY GLASS. Here is the story of "Daisy Grace’s diabolical plot to murder her husband,” as Solicitor Dorsey termed it in open court—-the state's theory of the plot and the crime, as the counsel will sum it up. The truth or falsity of the state ments must be decided by the jury. It is, of course, completely denied by the defense: Daisy Opie Grace, widow of Webster Opie and wife of young Eugene Grace, had been away from the lobster palaces of the East for nearly a year, and was tiring of her boy husband and the quiet life of Atlanta. They were living in the Clements house on North Boulevard when she persuaded Grace to take out two life Insurance policies in her favor, amounting to $25,000, a sum far in ex cess of his means. She Intended to realize on these policies far sooner than Eugene or the Insurance companies had dreamed, and at once began her plans to that end. Using a Smith Premier typewriter which had been left in the Clements home when they leased it, she wrote a letter, addressed to "Dear Wife Daisy" and signed "Gene," the signature being made on the machine. This was a clev erly worded document which should at once provide an alibi for Daisy and fix the suspicion of crime upon another— for Daisy had even then planned to murder Eugene for his Insurance money. The "Down and Out Friend." The letter said that Gene had found a "down and out” friend who was going home to spend the night with him, and that Gene would not leave for Philadel phia that day, as he had expected. The letter was not dated, for Daisy could not know just when it must be used. Then they moved to the home at 29 West Eleventh street, and In March Eugene made plans for a trip to Phila delphia, probably at Daisy's Instigation. She planned going to his mother’s home at Newnan on the same day. On March 4, the night before the fateful day, Daisy persuaded Eugene Grace to write, at her dictation, a lit tle note addressed to her. The note told of his love for her and said "My friend Is with me at the house tonight.” It was intended to corroborate the type written letter referred to above. How Daisy persuaded her boyish husband to write this foolish missive can not eas ily be explained’, but he told his law yers several months ago that he. had written it at her suggestion, as a joke, The Shooting of Grace. Daisy put these two missives in an envelope she persuaded Gene to ad dress to her at Newnan. Then she hid them in her handbag. Next morning, after giving Gene an overdose of narcotic medicine, she took his own blue steel revolver and shot him in the left breast while he lay asleep in the bed. She pulled the cov ers over the wound and saw that he was apparently dead. Then she called the negro girl to come up and build a fire. She wanted to prove to the serv ant that Gene was "all right" then. But Gene turned a little and groaned aloud. What this must have meant tc the wife is only known to herself, but perhaps she believed his death could be only a matter of time. She went on with her plans, forbade the servants to enter the upper rooms, hurried them away from the house for their “day off." locked Eugene into his room, and went downstairs. Then Daisy went downstairs and put the revolver in a window sill in the drawing room. The insurance policies wii only a few months old. and the companies will not pay the premiums on a suicide within the first year. So Daisy was careful to place the weapon where nobody could believe that Eu gene had shot himself. She was deter mined to fix the crime upon this "friend" who had spent the night—the next night—with Gene (all this accord ing to the state). Locking the front doors, Daisy left the house, her wounded husband lock ed in the room outside. On the way tc the station she mailed the letters ad dressed to herself at Newnan and boarded the train which left at 1 o’clock. No one knows what she did with hei time between leaving the house at 11 o'clock and taking the train two hours later. So Daisy had carried out her plans and completed her alibi. That after noon or next morning she would re ceive the letters from Eugene and show them to his mother, expressing regret that he had missed his train, and calling attention to the fact that the "friend' was to spend the night with Gene. Eugene Grace would die in that lock, ed room and his body would lie then until next Friday, when Daisy was tc return, accompanied by Gene's mother, Mrs. Hill. They would go into th« house together, chatting merrily of a tea they had planned. Daisy would un lock the fatal room, would see her hus band’s body lying there, and Mrs. Hill would be a witness to her anguish. Then the hunt for the mysterious “down and out friend” would begin. And Daisy would collect the insurance. But that strange working of provi dence which almost inevitably betrays a criminal, no matter how carefully the plot is laid, stepped tn and proved her undoing (according to the state). There were two unforeseen circumstances, and by these the whole fabric of ths plot broke through. Eugene Grace did not die from his wound. He gave the alarm and was found in time to accuse his wife. And the letters, so carefully drawn to es tablish her Innocence, proved instead a link in the chain to prove her guilty. They went to the wrong address ip Newnan, and when they were found Mrs. Grace was locked up in the police station. The finder, a Mrs. Cleveland Orr, did not send them to Daisy, who might have destroyed them, but to Mrs Hill Instead. Then they passed into the hands of the state, and constitute the chief weapon to be used against the woman. This Is the story Solicitor Dorsey will tell the jury in his summing up—it is the "theory of the state.” Whether he will be able to establish its truth, step by step, link by link, remains to be seen. And upon this hangs the fate of the woman who sits day after day in the court room, scanning the faces o! the witnesses and the Jurors. BOY TESTS NEW RIFLE BY KILLING COMPANION LAWRENCE. MASS., Aug. I. Louis Dion, 11 years old, was shot dead by Henry Talbot, 12. as the result of a quarrel over a new rifle. Dion hac given Talbot permission to shoot him to test the rifle. ducks in cafe’fountain RID BIG HOTEL OF FLIES CHICAGO, Aug. 1.--Ducks placed it a large fountain Just for the novelt’ have grown fat on files, and the Black stone Hotel has ben saved severa thousand dollars in keeping the dinin room rid of the pests. 3