Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 02, 1912, HOME, Page 2, Image 2

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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.