Newspaper Page Text
2
THE VARYING EXPRESSIONS OF MRS. DAISY OPIE GRACE
WB * z •■ ~6 . -W Wk
p /■'w • ' ' ' ■’ W '■ - --' -
W gw -' FOB WF * iurffwiiin < w
** W WWIMUJiWI
‘ f 7T£» SKTL * fwHUiASjfflali
■ w«twa!Wil Ww<
k « .< - aM> ' -...5.... * :> J
b ' <' JT wB - iHBBhv
W ' f : WMfc Wald
■>' • 1W6&.. - O - fMEHr » r
dfiMniib'
j. •■■ w|B|y"
’ * '
■
Gji«3aamL x■ ■- x S i v<'” ■:»>..a^BmMIMIMIW ~- :
<J d :; ••I .-^I 7 "W
- ~*• - * -
4&.WV. '* X & ’’ O WWk .... 1. jasSO '•
BB -4 ■ '■" 4 ■ ■ i
- ■ -**
NOTABLETRIAL
COMES IS ENO
MID THRILLS
hiclge Completes His Charge
to the Jury at 1:45 o’Clock.
Takes Recess.
Continued From Pago One.
insurance policies,” continued the
speaker
"Well, they had to find a motive
somehow they wanted to dig up some
thing that would run her out of (Ivor
* gla. but she didn’t run
"The insurance racket was nil tiny
could drag up and It could be brought
up about any respectable family in
Georgia. '
Mr. Moore continued to ridicule the
Idea of her having shot Grace to <d>
tain his insurance money
"Mrs Grace didn't start the qm-s
tion of Insurance." said Mr. Moore
"Mrs. Hill herself started it.
“There’s not a. man on this jury but
knows that these policies had no more
to do with that disgraceful fight out
there than I did.
"And now let's take up their next
link Thev sax it happened rsrh in
the morning -Imagination that An
other part of tin state's linstil) born
and premature theory.
“Drugging Tale
Purest Rot."
"They say she drugged him and then
that not doing th. work, she put a
bullet tn him That she was trying to
drug him with Rnixx iiv's Ready Relief
and King's New id- .every, THINK -f
It! Hav. you . heard the like in
your lif< "
"There's not n man here but knows
that th it is rot pine and s!mp>
"If that man had b ■ n drugged Gold
smith would have so tes'.llt. .; You
know that E 11. lift - inter an
cons. ions!
“The whole theoiy is rotten and it's
an insult to a Jt> y t-- off. t them suets'
argument
■ Whom - : i"l thev p- ax <■ t’ ■ • • - x
of 'shot in the night' by ' Bx nobo.iy .
By nothing hl.' 1 ■- l’-"s: -.I I. -g ; V
cutn.-tatl' • , proved by ue,r< -all.- wit-,
ness< s
"Wna t i ■ I' ' W■ y. t •'• put a not .•
downst.a'-s '.t'ltg.l i' .tub Martha n >'
to wake t ■ ■ ■ I'.T ’hoc ■ n r. -t
take away f: ■■■ yml ' :i on mon
sens. A ]•<'-• p t ’ ing a murd. ■■
would she < • • s' i- . .in t k, n<-d
room with he• • ■ , ■ ■
"Wouldn't - ■ w, --sing
sun and • ■xx ;t ' \\ . ~; i .:
hay . xx W' ' 3 t, a. '■ II ■ • manm
to ieav. li> 1 i lop.
Mt Moore w ~riled t' • > i-y r. - ' - be
lax or inditfen nt tn th-- ode■ -t.g ~t a
v< rdi- t T 1., w g t o t, ■ ; ■ ■.
sail. to rem. o V an il ‘ • . y ■
H» implote, th. i to t> v th- as,- ,m
th** *\! * ■ nd not by far- f< ; • <|
I
i The Atlanta Georgian--Premium Coupon
h- • s ; ” • epted at ■ P’*-” r" Par 1 ■»'. 20 East Alabama st .
> ■t . payment ’ ' any <-f the tv v.t ifi*l prennum goods displayed there.
ee l"rem un Parlor A nnounccnunt on Another Pape
theories and theatrical by-plays of the
prosecution. Ho urged upon them the
saeredness of liberty, and that they
j’hou'ld not depart from common
Ho told them that unless they were
convinced in their minds that the shoot
ini.; could not have occurred in any
way hut the wax the prosecution pre
sent* I, I. ivy should not convict the de
fendant.
In conclusion, Mr. Moore waxed
i flowery, with frequent r«*fer»-nces to th*
1 “red old hills of Georgia” and “brown
i • y» d babies.”
His words brought tears to the. eyes
of Mis. Grace and her mother, Mrs. i’L
I rich, wh<-n hi* told the Jury not to let
( the burden of two broken hearts and
wasted lives he unjustly upon their
consciences.
Mr Moore's speech consumed one
hour and a half He concluded at 10:40
a. m. *
Luther Z Rosser began his argument
for tin* defense at 10:45 o'clock. He
had about an hour left of the two and
one half hours assigned his side of the
“’rhe fart that the state has not been
fair to you in this case has been shown
plainly by Mr Moore,” he said. “You
g’Utleim.n know that certainly to th|s
hour she is an innocent woman. She
was entitled to respect. Did you no
tice what respect Horsey gave her” Ho
• alls her Pal y ‘ He puts a dirty,
greasy negro woman on the stand and,
in talking to her. he calls this Anglo-
Saxon !»aisy,’ in an Insolent tone.”
Mr I‘orsey denied this, and Mr. Ros
ser withdrew the statement, but said
that the solicitor had used the word In
the presence of a negro, at least.
“This case Is as clear as this pro
boscis upon my face; it Is Piled ami
re biled. and the mere it Is Idled the
worse It grows. My friend of the fat
nature, the p<direnrin, says the far
ther off a thing geta the better he re
member Oh, that 1 had such a mem
ory .
"Things that are as innocent as a
hec. when looked at from this angle and
that, seem evidence of guilt. How easy
a lack of memory, a little streak of
prejudice, i little sentiment, may
change what i< alls took place And
wh< n you find out w hat really took
place, It is so easy to see in it what
\ •*u wish to see ”
He told an anecdote about a college
hoy to illustrate bis point. There was a
great difference between the vol e of
gentleness ami that of harshness.
“<’lrcumMances max mean much or
little, gentlemen." lie resumed “They
hav< shown xou a series of clrcum
tam < s I want you to look at them
■ i 'Ugh sour own exes, g-mt .emen, and
r t !h' ugh the ey. -of Mr, Dorsex
Mr l>or. < \ xvlll follow any suspi
cion to the end. My frieml of the roll
ing (•■;■ knot. Hr. Lamar Hill, has help
, ed him on th< Lail
She May Fight Him Today
And Be His Slave Tomorrow."
Huuii siixs this plan originate’! for
I'lonoi Tliat women told a pathetic
trull wli’ ti slie said He was to me the
■ t. ■- hi i' oig man in the w ■ o-l i
Yon know all that that means, gentle
mep Siu inny tight such a man to
lav but she Is his slave tomorrow
' Altliongh he may slay me, 1 love
1 still,' is her attltutir.
A v.otnan, a spaniel, a walnut
tr. the more \.nt beat 'em the
b, it"! they be.'
I'r.l with ditlb-ultie.s hunted an.l
’.emo-,1. in the midst of the press, tn
HIE ATLA.XTA GEORGIAN AND NEWS. FRIDAY. AUGUST 2. 1912.
'The Vampire* in the
Grace Shooting Case
A Pool there was and he made
his prayer
(Even as yon and 1)
To a rag and a Etone and a
hank of hair.
We called hep the worn,-in who
• lid not care,
But the fool he called her his ,
lady fair,
(Even as you and I. )
—From Solicitor Dorsey's summing
up of the case against Mrs. Grace.
the midst of a strange multitude, in
the presence of a police department
and a relentless state, she stands up
and says, 'God knows 1 loved him.’
"Did yon ever know t woman to kill
a man she loved for monej : No! They
don't do it. That thing that you call
Jealousy sometimes w ill do It. But not
money No woman since the days she
loved ever killed the fascinating one for
money
"In one year, under the intluenee of
this man, she had furnished $20,000 to
him. The Insurance thev say she killed
him for was but $25,000. Why, in the
name of common sense, didn't she keep
her $20,000'.’ When she wits talking to
my friend Williford she hud given him
sf>,ooo
"It isn't true. It’s a lie.
"Ministered to His Wants,
Called Murderess."
".Mj friend-, the best wax’ is the old
straight furrow way It has been shown
that Grace was sick that day, for the
i first time; that h - had bought medi
cine. And yet. because she mlnis
f tered to ills wants, she Is a murdetess.
it's not so. and they know it.
"Thex sax that ill day long he was
drugged. Drugged on what .’ Why don't
' thx x prove something’’
bottle of paregoric xvas found in
the hath room. A common remedy'
There's no evidence that any opium was
in Grace's system, and if there had
been, they could l ave proved it.
"Hi xx as conscious tnd not drugged
-
when lie called the police He wasn't
drugged xx lien the girl laid tile tire, at
Mrs. Grice"; invitation! He quarreled
t
, with his wife then. It lie had been
‘ shot, why didn’t he t>H Martha to get a
doctor? So 1 assume he xvas conscious
then.
"At 9 o'clock Ills voice xvas heard
over the phone. He wasn't drugged
then.
"They will say. when xve are through,
words to discredit Rebecca Sams, a
. loyal, faithful servant But we an' not
depending upon her That groeeryman,
Hilaries 1" Mickle called up the house
nid a man's voice answered.
Case Must. Be Proved
Beyond a Doulit.
"You must be satisfied that they have
proved their case b< x ond a reasonable
doubt exerx link in the chain, mid any
less than that < in not be a convincing
proof.
lie wasn't drugged! You have been
1 shown that b x nd a shadow of a
• doubt Tin x i -d to shake M. .k e. but
- they couldn't impeach him an 1 the'
( didn't try. though be told x m f men
E xou , oulxl have called had xou ti lled
;! "Whoi-I x >iee was it but tl'.aef s that
' lapswi ri.l tll.H phone Tin \ hux>
1 proved that no o’he: man was in that
( hou-e but Gtavi I tinink God Mrs
' I'.u-x Gr.ne i. . , t.un-ii V-, l:u . tVI .
dence at every important point of the
case.
"If you. afe, going to reach a verdict
by evidence and not by the closing
speech of abuse by the solicitor —and
th it is all they have you must con
sider this fact. Grace was not shot in
the morning, and on that rests the
state's xvhole case. They have utterly
failed to show motives, they have ut
terly failed to show time!
"If there Is anything In the world
that the earmarks of the case shows, it
is that it was not a premeditated plan.
It has not one earmark of such a plot.
"The state has tried to Impress you
by trying to prove things and falling
down, and knowing that they would
■ fall down, they have tried to make you
believr* this woman tampered with the
telephone. Bob Woods sxvore he found
Grace with the phone In his hand, Dor
sett sxvore the phone xvas sitting on
the floor. They said Grace saw them
over the transom and told them how to
get in. Does that look like he was
drugged?
“Thex- say she tampered xvith the
phone, and what Is their proof? On the
Bth day of March, three days later.
Woods found a cbumpled night cap and
pieces of newspaper scattered on the
Hour. And dozeps of people had tram
pled all over that room in the mean
time. That’s all they can offer as to
the telephone.
" 'The wicked Hee xx hen no man pur
sm th, but the righteous are as bold as
the lion.' Daisy Grace, from the old
Keystone state, down here xvhere you
i said you'd give her a fair trial and
J didn’t do it, came through, after the
I i most axvful ordeal, without the smell of
tire upon her garments! Truth! Truth!
"She Kept Her Promise
To This King of Men.’ "
■ She kept her promise to this young
'king of men.' She thought he xvas not
seriously hurt. She tried to telephone
him and the line was busy, and she
thought he must be all right If he could
use the phone. She then went to his
mother, her only confidential friend, the
■ tirtly, person to xvhom this xvoman, in a
strange I md, might turn.
"I can believe that you little people
■ < an not understand the great heart of a
woman a woman bound by love for
1 ■ her husband. Your little souls can not
l understand hoxx people can be genei-
• > ous, self sacrificing.
’ I "She knew she xvas innocent, and the
j gteat God of Justice could shield her
‘ from all harm She didn't flee. Sue
■ met you here in the forum, before a
Jury of x our citizens.
"I know hoxx- unfair my friend is
’ going to l e when our lips are closed.
1 They sax there are ,-ome letters hen,
but they haven't proved Mrs, Grace
wrote them. .Mr. Ashe said the same
touch xx ret’ two letters."
Dorsey 11l From
Terrifflc Strain.
t i Mr I > isex challenged the statement
| as not according to evidence, and his
; objection was sustained A sharp dis
| cussion followed. Mr. Dorse) s voice
| was hoarse tnd it xvas evident that he
' had a seveie cold. lb kept Ids head
butied in his bands most of the day,
ami .seemed really ill. He has been
■ through a terrific strain for the last five
>,days
Rosser Ridicules
State Attorneys.
I'oloni'l I.mlier Rosser, in his address
•j to the jury in the Grace case, was
• hlms'i If plus.
I I As of yore, departed not once into
1 l-'.mpx r,-an blue of oratorx He stayed
•in tin g'ound all the time and talked
(With his fingers strung on his susticn-
t \ det's
Hi- talk was replete with grimaces,
t with i omit a! postures, with racy amc
dot. - He charm terir.i d the two law
yers of the pros cut ion i ’ Ittth bv'. »
Hugh Dorsey, he said, should have the
shingle used upon hlni for the use of
tactics unbecoming a gentleman. He
imitated Mr. Dorsey. He. strutted up
and down rooster fashion. He imitated
-Mr. Dorsey's manner of saying "Day
scy.” He screwed up his nose and
pursed his mouth forcing the Jury into
a smile and the crowgi into loud laugh
ter. He referred to Lamar Hill as
“my young friend of the rolling top
not."
Homely references and phrases pep
pered his speech. At times he would
purposely fall into had grammar and
i pronouheiation. He pronounced "bail"
: "bile" and "calm" “cit-am."
I Once In a while he waxed vigorous
i and xvith emphatic gesture would ac
‘ centuate his points.
I Once or.twice he grexv tenderly emo
tional and spoke with tears in his
i voice.
I His speech, save for the interruptions
' by laughter, xvas received In absolute
■ silence and attention by the crowd.
“Vanity Caused Him
To Take Out Insurance."
Mr. Rosser denied Mr. Grace's in
stigating the insurance.
"How pitiful is vanity.” said Mr. Ros
ser. “And vanity caused him to take
out the insurance—not his wife.
> “He had the 'society germ’ in his
veins." said Mr. Rosser, "and God pity
the man who has It. I'd rather have
> typhoid fever. A man's in a bad fix
I xvhen clubs and dances are the breath
i of his nostrils.
i "(’ut out the motive and xvhere is
■ this case left? it has been cut out.
' As for the letters"—he took the letters
ami exhibited them—"the only evidence
before you Is that Grace wrote them.
It isn't for me to say who wrote them.
1 knew Grace wrote one of 'em.
: "But I've got a 'little suspicion.’ It
' i may be that Grace wrote the letters the
' night after the theater, so that they
• might explain why he did not go to
1 Philadelphia."
' Mr. Rosser attacked the proof of the
argument that Grace had been doped.
1 He xvarned the jury against imagining
what the evidence had not shown. He
held up a bottle of patent medicine.
1 "Doped with this." he laughed. "An
r old-fashioned remedy for the baby's
1 'tummy.' "
He scoffed at the idea that paregoric
could be used as a dope.
Referring to Detective Bullard, hx’
r said he joved him.
1 love him because there ain't but
1 one of him. Every time I look at him I
thank God there's no more like him."
5 He sneered at the testimony of Bullard,
• saying that his memory got better the
■ farther it got away from the fact.
' "Was he shot early In the morning, as
‘ the state says ’ Let's see. She left a
note, Just as any morning to tell the
servants not to disturb them. Her hus
band loved to lie in bed. He ate his
breakfast there. She went down and
t brought up a negro woman to build a
t j tire
- ; "Think of it a xvoman who was con
i eealing a wounded, dying man in th.
? ; room, bringing a woman twice Into that
1 I room xvhen it wasn't necessary!
i "Didn't that woundexi man have
f, every opportunity to tell those servants
’’something xvas wrong?
" ‘Ah. but she locked him up and left
I him!' they say
Rosser Denies Mrs. Grace
; Is a Lucretia Borgia.
• i "Gentlemen, if this woman be a Lu-
cretia Borgia, why go away and leave
x him, in reach of the phone, when any
i i one might rescue him .’ Why not finish
I I the dastardly xx<>rk? Why not kill him
- I then ami there?
'They six she thought he xvould
, Hit. anvway.
"If that is true, he must ha.i l been
- jnea' x dead that he no longi >• stirred-
Iso far gone Ip- xoulxl hardly breathi
But he was not. as the state has shown.
“No man; no woman on God's earth
would have left him there had she in
tended murder.
"But she did leave him, because he
ordered her to. The shock of that pis
tol had set awry her whole nature. He
ordered her away, made her hurry
away.
"What woman of brains would have
left that pistol there, those bottles,
those so-called evidence, had she been
a murderess?”
Mr. Rosser was draxvlng near to his
time limit and xvas warned by the
court. He described the fight In the
Grace home and showed that proof of
the bruises on her throat had bem
given by Dr. Green, the county physi
cian. He hurriedly reviexved the evi
dence to show that Grace was well and
unxvounded at 11 o’clock. He paid a
compliment to Rebecca Sams, the negr)
witness, and said the state had failed
to shake her testimony. He attacked
Luther Williford, a witness for the
state. He ridiculed Morris Prloleau,
the young friend of Grace.
"Let’s don't be evil-minded," he said
to the Jury. “Det’s be clean-hearted.’
Mr. Rosser concluded at 11:50 o'clock.
He complained of being overcome by
the heat and went outside the court
room.
State Opens Final
Argument at Noon.
Solicitor General Hugh M. Dorsey
began the final argument for the state
at 12 o’clock, having one and one-half
hours to speak. It was announced that
the Jury would be charged immediately
after Mr. Dbrsey closed. They xvould
retire for a verdict, which might come
at any moment after that.
“Circumstantial evidence is just as
convincing, just as strong, as direct
evidence,” he said. “Except that
through excess of precaution, circum
, stantlal evidence Is hedged about with
certain restrictions." He read several
citations to show this.
“The law doesn't require mathemati
cal certainty, but only reasonable and
moral certainty," he said. "It Is only
necessary to convince the jurors, be
yond a reasonable doubt, that the de
; fendant is guilty.
"If the evidence does exclude every
other circumsta.nce beyond the guilt
of the defendant, ft is the duty of the
jury to convict.
“If you don’t believe she Is guilty
beyond a reasonable doubt, turn her
loose. I won't you to do it.
"But the rule is not, say authorities,
that there must be an acquittal in all
cases of doubt, since there are no cases
without some doubt. There must be
solemn and substantial doubt, grave
uncertainty.
"The basic rule of criminal laxv is
reasonable doubt. There is no defini
tion of reasonable doubt. Every one
knows what it means.
"Proof can be established through
circumstance as xvell as by direct evi
dence.
"'To acquit upon trivial objections is
in disregard of the juror's oath,' says
Judge John T. Hopkins, nestor of the
Georgia bar.
“Why the Second
Marriage Ceremony?"
"This xvoman told her mother they
had married in New York on March 5,
1911. If they were really married then,
why that second ceremony in New Or
leans?
"This xvoman may be as pure as the
(driven snoxx-, but I will stake my repu
tation that this woman and this man
1 were never married until they reached
1 New Orleans, in May. not in March.
"I hold no brb f for Grace.
I
"'A fool there was and he made his
’ prayer
(Even as you and I)
: Tn a rag ..nd a bone and a hank of hair
We called her the woman who did not
i care,
But the fool he called her his lady fair
(Even as you and I).’”
■ Concluding the first stanza of Kip
ling’s “The Vampire l .” Mr. Dorsey dra
matically pointed his finger at Mrs.
Grace, xvho looked him coldly In the
face.
"But I have no brief for Grace," Said
Mr. Dorse) again. "He may have been
■ an adventurer, and she may have been
1 pure. But you are men as I am, and
you know when Grace introduced that
• woman into his family he must have
thought that reformation had come
into his heart and she xvould make him
f a good and true wife, even as he was a
1 faithful husband.
“She has made a statement, not un
der oath, and when she got down to
i the facts of the shooting her story was
i too frail to be given credence by any
> reasonable man She never said a
' word about those letters. And let me
I say here, those letters are surcharged
with the stink of wildcat.
No Chance to Prove
Her Statement Untrue.
"No living mortal can contradict
. what this woman has said about these
trips. They didn't tell of things we
t could contradict.”
Mr. Dorsey referred to Grace's trying
to push Daisy from the ship as an in
nocent prank of a loving husband, con
fident of his strength. A trivial inci
•' dent he called it.
’ "The idea of a xvoman, innocent,
• failing to speak when she knexv Ruffin
: xvas accused of the crime, and she the
accuser. He xx - as the man she expected
1 to send to the gallows had Eugene
- Grace died before succor arrived.
"She plotted to kill the man who so
5 loved her that he took Into his moth
-1 er s home a woman who had married
t him in fifteen days of her husband's
• death, and she planned to send a poor
1 negro to the gallows for a crime she
I had committed.
During the course of his talk, Mr.
. Dorsey said that Rebecca Sams was
1 perjured.
"She made reference to scars,” said
. Mr. Dorsey. "John Moore is a shrexvd
- and far-seeing lawyer, but that's where
he slipped up. If I had been in his
,- place and xvas going to put up that
t tale, I'd put scars on her, even If I
j had had to choke her myself.
"Grace ran with fast women! She
,• says it. Where is there another per
:• son who has hinted that he wasn’t
true?
"Meckle swears that a man answered
1 a phone in the house. Where there is
■ a phone in the room there might be an
i other downstairs.”
1 Defense interrupted here, saying that
Dorsey was trying to show there was
- .another phone In the house, which was
- ’not true,
» Mr. Dorsey accepted the fact that
only one phone existed.
' “She Left Him, Not
Dead, But to Die.”
, "She left him there, not dead, but to
« die. anyway," he continued. "For the
3 maggots to eat, for the heat to decay.
She planned to bring his own mother
back to find his body there.
"I copied her statement, gentlemen,
and here it is." He read that portion
,• of her story as to her leaving the
~ house..
Mr. Branch attacked Mr. Dorsey here
-for saying Mrs. Grace took the insur
ance policies to Newnan with her. Mr.
p Branch showed that Dorsey was wrong,
- but the court called Branch down hard
t for the language he used, cautioning
1 him to couch his objections In dlffer-
> nt terms.
’ I repeat." said Mr. Dorsey, shouting
at the top of his vol. , , "that although
'■ she fought with him over the poxver o!
attorney, she left that on the floor an
Continued on P»ge Fiva.