Newspaper Page Text
JURY IS VOTING
THE WEATHER
Forecast: Fair tonight and tomor
row. Temperatures: 8 a. m., 74; 10
a. m., 77; 12 m., 33; 2 p. m., 87.
VOL. X. NO. 265.
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PRISON CHARGES
EXPECTEDTDFAIL
The house committee on reforma
tories, having had under consideration
charges against the prison commission,
will submit its report to the house of
representatives Monday.
The charges filed by Former Super
intendent it T. Bethune principally ar
Os mismanagement, favoritism, failure
to ibS’ vc th- law in the matter of
prison fare and aeeommocations, lax
ness In i rep production., and neglect in
tin manner and time of discharging
prisoners re. oinmended for release
Be’.hum , the man who stands for
tiie (barge.-, recently was dismissed
fiom the s-Tvl <• of the commission,
after tiv years’ employment The lm
piessbm seems to h. that the charges
Wert th> "tn omi of Bethune’s dls
'ttissal from ..flic.
Wile i omtnlttei probably will til'd
Hi.mliiv.ii ■ i io favor of th. prison
Ohtmlrslon
The Atlanta Georgian
Read For Profit —GEORGIAN WANT ADS—Use For Results
MRS. GRACE, DEFIANT, IN WITNESS CHAIR- Drawn by P. A. Carter
SENATE CALLS NEW
COUNTY WHEELER
INSTEAD OF KENT
The senate committee on constitu
tional amendments today approved the
bill to make a new county of part of
Montgomery and agreed that if the
people of Alamo, the proposed county
seat, will raise $20,000 for a new court
house and jail the new county will be
authorized and named Wheeler, in hon
or of the late General Joe Wheeler.
The committee heeded numerous pro
tests from residents of the proposed
county demanding that when created
it should not be given the name of
Kent after Oscar W. Kent, the lawyer
who recently was disbarred by th. su
preme court.
The bill undoubtedly will be passed
by the senate. A similar bill, though
carrying the other name for the coun
ty, has already passed the house
SSO FOR A HUG.
PATERSON. N J . Aug. 2 Be. a us.,
he hugged Frieda Brlikman against her
wishes, Loui Bucceri was thud ISO.
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ANOTHER GANG
MAN IS CAUGHT
NEW YORK, Aug. 2. B ank Miller,
29 years old, alias “Whitey Lewis, ’
act used of being one of the slayer" of
Herman Rosenthal, was locked up to
day, making tile second of the four gun
fighters charged with the actual killing
now in custody Miller protested bis
innocence, but was not permitted to
make a statement or to hold a conver
sation with any one
Miller was arrested last night al
Fleischmann’s Deluna ■■ county pla o
just as he was about to board a train
for Kingston. Detectives had be. n
trailing him for days on the tip said
to haw been given by Harry Mallon,
the gambler under arrest in connec
tion with the murder.
District Attorney Whitman today
was busy, lb had been informed that
Sam S'hepps. wanted fts a principal in
the slaying, would give himself up. But
Sehepps failed to do so The district
attorney was later toid that he might
expect Sehepps today, but still Intel It
uto- reported S. hepp- would not sur
lender himself no maß. .hut In
ducements were so ld out to him. <
ATLANTA, GA., FRIDAY, AUGUST 2, 1912.
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SENATE AND HOUSE
UNABLE TO AGREE
ON THE STEEL BILL
WASHINGTON, Aug. 2.--A disagree
ment will be reported on the steel bill,
the conferees on which met today.
The hitch came on the Canadian reci
procity repeal amendment put on by
tile senate
Senators Penrose, Lodge and Sim
mons and Representatives I’nderwood,
Palmer and Payne were unable to come
to any understanding of the reciprocity
question.
ft is likely that the matter of reced
ing from the reciprocity amendment
will be put up to the senate.
FIGHT ON GENERAL WOOD
REOPENED IN CONGRESS
WASHINGTON. Aug. 2 The army ap
propriation bill was reported to the sen
ate todu\ It carries a. total of $94,420,-
630,68 as against $87,777,257.18, a net In
crenso •>! $6,265,373 80.
Tin* bill as it comes to the senate re
open •< the light whbh was made in the
house aglnst Major General Wooi) by tak
ing the portion affecting the chief of staff
from the bill ami H is likely that this part
<>f tiie bill will have to be made the sub
ject of further conference
COTTON BILL DEBATE ON.
WASHLNGTitX, Aug Debate on
the I’nderwood cotton bill was begun
in the hou.*e today, and an agreement
u;r rem hed to t-n<l debau in foui and
um. -half hours.
TIPPINS ACT DIES
IN HOUSE; GANT
BE REMER
The Tippins bill was defeated in the
house today by a vote of 94 to 69, with
21 absentees, on un aye and nay roll
call.
To pass the bill, over the executive
veto, 123 votes, or two-thirds of the
entire house membership, were re
quired.
The bill today failed to receive the
necessary two-thirds, and even failed
to receive two-thirds of the voting quo
rum present. It barely passed the con
stitutional majority point. 93.
In the extraordinary circumstances
under which the bill came before the
house, the sustaining of the governor’s
veto so overwhelmingly is regarded as
a significant and decided victory for
the executive, and a relatively signifi
cant setback to Mr. Alexander and bls
gubernatorial ambition.
The bill is absolutely dead. It can
not go to the senate. It can not be re
ceived by the present legisl iture. save
In the remote contingency of a recon
sideration on the next legislative day,
and no attempt at reconsideration will
be made,
The hili cume up under a special or
der rule adopted Wednesday, and the
question was upon a motion of Mr
Hopkins, of Thomas, that the Dili puss,
tin- executive veto notwithstanding.
BALLOTING BEGINS ID
OEffiMBS.GRME’S
INNOCENCE DR GUILT
Judge Roan returned to the crowded court room in the Thrower
building this afternoon at 3:30 o’clock and took his seat in the bench,
waiting for the jury in the case of State vs. Daisy E. Grace to make its
report. At his feet sat the defendant, refreshed after an hour’s rest
between the sessions, fanning herself quietly and with lips tightly
closed. If there was any fear in her heart, it did not show in her face.
She wore only the expression of dull, tired care which she had worn
for the past two days of the nerve-racking sessions.
The judge had delivered his
charge to the jury just before 2
o’clock and sent the sheriff out
with the twelve men to dinner. He
announced that he would return
to the bench at 3:30 o’clock and
be ready to receive the verdict at
any time after that. The jury had
returned from the hofel and tiled
into the private room. There they
elected one of their number as
foreman and began their delibera
tions.
Judge Roan’s charge was the ordi
nary one, varying from the stereo
typed form only as the peculiar circum
stances of the case required. Perhaps
the. most Important part of his ruling
was that affecting the letters said to
have constituted Mrs. Grace's carefully
planned alibi, and which he had admit
ted as evidence after a discussion of
more than an hour.
Judge Rules on
The Letters.
Judge Roan charged the Jury that
if they believed these letters were'writ
ten by Eugene Grace or at his in
stance and were mailed by him to his
agent, with a view of holding a com
munication with his wife, they were
privileged and not evidence, and must
not be < onsidered in making up the
verdict.
He charged that if the jury believed
the letters were not written by Eugene
Grace, and were not intended to be a
real communication between husband
and wife they could be admitted as
evidence in making up the verdict.
He ruled that if the jury believed
that the shooting occurred in the fight
between Grace and Mrs. Grace, as de
fense holds, that it made no difference
who held the pistol and the defendant
should be acquitted.
He charged that the jury must be
convinced of guilt beyond a "reasona
ble doubt” before it could return a ver
dict of guilty.
VV. A. Laird was chosen foreman of
the Jury before it began balloting
State Concealed
Evidence, Says Moore.
John V\ . Moore opened the argument
for the defense at 9:07 o'clock He
began quietly and dispassionately,
speaking In soothing, cajoling tones.
He said he felt he had done his duty as
a lawyer in this case.
"This Is the first case in all my ex
perience,” he said, “where it was nec
essary on the part of the defense con
tinuously to struggle to force the state
not to cover up evidence.”
He walked up and down slowly in
front of the Jury box, clapping his
hands, extending his arms at full
length, placing his hands on his hips
and looking solemnly into the faces of
the Jurors.
"They have tried to convict this poor
unfortunate woman, not by evidence,
not by circumstances, but by concealing
and covering up.
"There's not a man here but knows
E. H. Grace wrote a letter they have
'UNDERTOOK’ to saddle off on that
woman. Is that fair? Has it come to
the pass that these representatives of
the state of Georgia have come to such
a point that they must spend all their
time in covering from the Jury all evi
dence in her favor?
“How Easy to Prove
She Couldn’t Use Typewriter.”
"Another instance: They undertook
to convey the Impression that Mrs.
Grace wrote a typewritten letter that
she knows nothing about and I know
nothing about. They haven't let you
know much about that letter, but they
undertook, by a typewriter .expert, who
proved lie couldn't b< certain of any
thing, that she wrote that letter.
"How easy It would have been to
prove that this woman luuidnt op-
HOMU
IDITION
2 CENTS EVERYWHERE Y RE NO
erate a typewriter! But they didn't.
‘‘They tried to Impress you that this
woman was scheming to get her hus
band to Philadelphia for the purpose
of doing her a favor. And even, then,
they had this power of attorney In their
possession, and they refused to Intro
duce it here so you might know what
Grace was going for. Was that fair to
you?
"These lawyers have tried to ‘cover
it up, cover it up.’ They have tried be
fore the trial and during its sessions.
’ "I do not believe the great state of
Georgia indorses their ai ts. They tried
to convey to you that this woman tried
to drug Grace and they knew that ha
bought that medicine himself, and they
made us bring the witnesses here to
prove it.
"This poor woman is persecuted in
’ a land of strangers. What a hurry
when she was Invited here, to give her
simple story: what a hurry to resort to
theatrical effects! You thought when
you brought Gene Grace in here this
p<> >r woman could not look the jury in
the face. Rut your plan failed, miser
ably. If that woman hadn’t been tell
ing the truth, she would have failed In
that hour when she should not to have
been disturbed. But even with all your
trickery and your theatrical efforts—
some of us still believe in an old per- •
sonal God—she came In all her inno
cence, she took her seat, calmly and
dignified, not brazen, and with a ring
’ of truth she looked him in the face and
she told the most reasonable story, the
. most reasonable statement. If she’had
■ not been sustained by truth and right
1 they would most unfairly and unjustly
I broken her down. Oh, how sickened
1 they were when the plan failed. It was
their own doing—and their own undo-
I Ing
“Case Built
Alone on Theory.’’
"She made her statement with the
same feeling, with the same composure,
( as the Smithfield martyrs of old. They
could not break her down. Such con
duct as that of those lawyers is frowned
upon by all fair men.
“You've heard nothing but theory.
I never saw a case so Impregnated with
theory. Did you take your oath that
you would put a woman in chains on
theory? I didn’t hear any such oath.
You said you’d find a verdict by the
evidence and not by some interested
person's theory.
"They say that this woman, for mer
cenary motives, whose life has been
one of indiscretion—possibly yes, but
not bad—whose gain was that she was
hurried from the grave of her first
husband to fresh matrimony'.’ What
did she gain?
The Power of the
Fascinating Man of the World.
"Poor, foollsn, credulous woman! Sho
married the 'most fascinating man in the
world to her.’ What does it mean when
a woman meets a fascinating man ot
the world? What power, what Influ
ence! fiiey say she was mercenary,
who spent her wealth on her new hus
band lavishly, unselfishly. Find one
act in her life that smacks of merce
nary motives.
"They say that away back in New
York she had sinister motives when
she raised for him $6,000 to go into
business in Atlanta. Where was the
motive
"There sits the man, E. E. Law
rence, whom they could have put on
the stand and disproved it. But we
had to call him.
"1 can show you w ho was mercenary.
I can show you who was interested in
making her out a murderess. The tes
timony fell from the unwilling lips of
Grace's own people, that they were
struggling to help Gone Grace in his
estate. The whole motive of the state
lias b"en born In the kennel of mer
cenary motives, they must blacken hot
charm ter and rob her of her inh* i
tan« For they thought Grace might
die."
"They say that she astutely planned
to take her husband’s life fur som«