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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. - - • ■ f t® ••■ - \ ' V,- . '. 'MJ ’ '<> ■ ■-■ -W<•■■'■ ■■ ■ .» < < ■ ._ </,•'■ ■./ • .'-’ .. .. ..-- • - -.„e »* „ /■/’!<-• G ‘z*4?<«W’ '‘ <•' g^MCffnM^^TßSaßSSaMtf^w h* ’taAJ27v<yyt>> ■ •■* - ■ . . 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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. ■ •«. A v-'.'S, ~—• t' ' ' ■ „V., ~.. , • I >J V ; > ■ 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. '■ , ff 1 ' 'l*;’ vo ‘ r* ■ .i '' I ,.;’'. ',.?X 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«