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

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2 THE VARYING EXPRESSIONS OF MRS, DAISY OPIE GRACE - JBESB w* IF / / o' <Tz ■ war? - ? *> e *j|MKr - x r 4_ ~-_,iS2JOI.. ■■ IjwW' ■ r W ■’ w. - .. .. «.> ■ ■ ■■ / JBk * ■ x ‘>wt $ A ■'' -a . W MWR*** J- W~ *BB * ‘ .^IhHP^^WW-<. wb T > , ' AWfe ,/r>- 1MMB& - A l v . • J®K '" ' Wliflr 5s ??■■' WiShfe.' - • B^WwWK - u WMF**' •■ < = < Ote > ?• • i ‘.J * *■•’ * -JliwlV ii 11 SjFffiP l v >'» **%SL f M 4 >« 1-% .. I '* -1 ' * b ' "'■'A “ z -- • '*•' ffittHw > I Wroßr tsp' ~ -k #**—• .MW * ’** S& SBaSsßk v»W lEfe ■ -ZJe > ” ' wHBn _ ; ,M.' t '* ■*&. "JI a '"" IRK® WX Mir EBB “ tk z FrW®r\\ W . — - . v l * tJr NOTABLE TRIAL COMES IB ENO AMID THRILLS Nudge Completes His Charge to the Jury at 1:45 o’clock. Takes Recess. Continued From Page 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 Geor gia, but she didn’t run. "The insurance racket was all they 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 ob tain his insurance money "Mrs. Grace didn’t start the ques 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. They say it happened early In the morning Imagination that. An other part of the state’s hastily born and premature theory. “Drugging Tale Purest Rot.’’ "They say she drugged him and then that not doing the work, she put a bullet in hint. That she was trying to drug him with Radway's Ready Relief and King's New Discovery. THINK if it! Have you ever heard the like in your life? "There’s not a man here but knows that that is rot pure and simple. "If that man had been drugged Gold smith would have so testified, You know that E H Grace was never un conscious! "The whole theory is rotten and it’s an insult to a jury to offer them such argument. "Whom did they prove their theory of 'shot In the night' by? Ry nobody. By nothing but the most illogical cir cumstance, proved by unreliable wit nesses. “What is it? Why, she put i note downstairs telling J. and Martha n it to wake them up. But they can not take away from you your ommon sense. A person plotting a murder would she care to stay In a darkened room with her corpse? "Wouldn’t she welcome the rising sun and crowing chickens" Would ste have written a note telling the servants to leave her alone? Mr. Moore warm d the jury not t.. be lax or indifferent in the rendering of a verdict. The law gave no power, lie ■said, to remedy an 111-formed vtfidict. He Implored th< 1.1 to tty the ca<. on the evidence and not by far-f'tched j The Atlanta Georgian—Premium Coupon Thia coupon will be accepted at our Premium Parlor, 20 Eaat Alabama at,, j ( aa partial payment for any of the beautiful premium goods displayed there. < See Premiun Parlor Announcement on Another Page theories and theatrical by-plays of the prosecution. He urged upon them the sactedness of liberty, and that they should not depart front common sense. He told them that unless they were convinced In their minds that the shoot ing could not have occurred in any way but the way the prosecution pre sented, they should not convict the de fendant. In conclusion, Mr. Moore waxed flowery, with frequent references to the "red old hills of Georgia" and "brown eyed babies.” His words brought tears to the eyes , of Mrs. Grace and her mother, Mrs. Ul rich, when he told the Jury not to let the burden of two broken hearts and wasted lives be unjustly upon their consciences. Mr. Moore’s speech consumed one hour and <i half. He concluded at 10:40 a. tn. Luther Z. Rosser began his argument for the defense at 10:45 o'clock. He had about an Ttotir left of the two and one-half hours assigned his side of the case. "The fact that the state has not been fair to you in this case has been shown plainly by Mr. Moore.” he said. “You gentlemen know that certainly to this hour she is an innocent woman. She was entitled to respect. Did you no tice what respect Dorsey gave her? He calls her ’Daisy.’ He puts a dirty, . greasy negro woman on the stand and, in talking to her. he calls this Anglo- Saxon 'Daisy,' in an insolent tone." Mr. Dorsey denied this, and Mr. Ros ser withdrew the statement, hut 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 biled and re-biled, and the more It Is biled the worse it grows. My friend of the fat i nature, the policeman, says the far ther off a thing gets the better he re i members, Oh, that I had such a mem ory. “Things that are as innocent as a bee, when looked at from this angle and that, seem evidence of guilt. How easy i a lack of memory, a little streak of 1 prejudice, a little sentiment, may ’ 'change what really took place. And r when you find out what really took f place, It Is sei easy to see in it what 1 you Wish to see." He toll! an anecdote about a college 5 boy to illustrate his point. There was u great difference between the voice of gentleness and that of harshness. 1 "Circumstances may mean much or ■ little, gentlemen," he resumed. "They have shown you a series of circum- ' ! stances. 1 want you to look at them ‘ | through your own eyes, gentlemen, and not through the eyes of Mr. Dorsey. "Mr. Dorsey will follow any suspi- ■ cion to the end. My friend of th, roll ing top-knot. Hr. Lamar Hill, has help ed him on the trail. “She May Fight Him Today And Be His Slave Tomorrow.' 1 1 "Hugh savs this plan originated for , money. That women told a pathetic ] truth when she said 'He was to me the most fascinating man in the world.' .■ You know all that that means, gentle - nun Sh may fight such a man to s day but she is ills slave tomorrow. " Although he may slay me, 1 love i him still,’ Is her attitude. i A woman, a spaniel, a walnut ■ ire. the more you beat 'em the better they be.' n "Pressed with difficulties, hunted and J hounded, in the midst of the press, in I’HE ATLANTA GEORGIAN AND MEWS. FRIDAY, AUGUST 2, 1912. ‘The Vampire* in the Grace Shooting Case A fool there was and he made his prayer (Even as you and I) To a rag and a bone and a hank of hair. We called her the woman who did 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 I loved him.’ "Did you ever know a woman to kill a man she loved for money'.’ No! They don't do it. That thing that you call Jealousy sometimes will do it. But not money. No woman since the days she loved ever killed the fascinating one for money. “In one year, under the influence of this man, she had furnished $20,000 ,to him. The insurance they 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 was talking to my friend Williford she had given him $6,000, "It isn't true. It's a lie. “Ministered to His Wants, Called Murderess.’’ "My friends, the best way is the old straight furrow way. It has been shown that Grace was sick that day. for the first time; that he had bought medi cine. And yet. because she minis tered to his wants, she Is a murdttess. it's not so, and they know it. "They say that all day long he was drugged. Drugged on what? Why don't they prove something? "A bottle of paregoric was found in the bath room. A common remedy' There’s no evidence that any opium was in Gram’s system, and if there had been, they could have proved it. “He was conscious and not drugged when ho called the police. Ho wasn't drugged when the girl laid the lire, at Mrs. Gro'e'j Invitation! He quarreled with his wife then. If he had been shot, why didn't he tell Murtha to get a doctor? So I assume he was conscious then. “At 9 o'clock his voice was heard over the phone. He wasn't drugged then. "They will say. when we are through, words to discredit Rebecca Sams, a loyal, faithful servant. But we are not depending upon her. That groeerymin. Charles I' Meckle, called up the house i ami u man's voice answered. Case Must Be Proved Beyond a Doubt. , "You must be satisfied that they have proved their case beyond a reasonable doubt, every link In the chain, and any less than that can not be a convincing proof. "He wasn't drugged! You have been 1 shown that 1 ■ vend a shadow of a • doubt. Thej tried to shake Meckle, but - they couldn't impeach him. and the; } didn't try, though he told you of men c you could have called hud you dared. "Whose voice was it but Grace's that j answered that phone’’ They have ! proved that no other man was in that i house but Grace. 1 thank God Mrs < Dale; Grata i,< sustain'd by the evi- dence at every important point of the case. “If you are going to reach a verdict by evidence and" npt by the closing speech! of abuse by the solicitor—and that is all they have—you must con sider this fact. Grace was not shot in the morning, and on that rests the state’s whole 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 believe this woman tampered with the telephone. Bob Woods swore he found Grace with the phone in his hand. Dor sett swore the phone was 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 ? "They say she tampered with the phone, and what is their proof? On the Bth day of March, three days later, Woods found a crumpled night cap and pieces of newspaper scattered on the floor. And dozens 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 flee when no man pur suet.h, but the righteous are as bold as the lion.' Daisy Grace, from the old Keystone state, down here where you i said you’d give her a fair trial and 1 didn't do it, came through, after the most awful ordeal, without the smell of lire 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 was not seriously hurt. She tried to telephone him and the line was busy, and she thought lie must be all right If he could use the phone. She then went to his mother, her only confidential friend, the only person to whom this woman, in a strange land, might turn. "1 can believe that you little people can not understand the great heart of a woman- -a woman bound by love for her husband. Your little souls can not understand how people can be gener ; ous, self-sacrificing. "She knew she was innocent, and the great .God of Justice could shield her from all harm. She didn’t flee. Sue met you here in the forum, before a jury of your citizens. “I know how unfair my friend is going to be when our lips are closed. They say there are some letters here, but they haven’t proved Mrs. Grace wrote them Mr. Ashe said the same touch wrote.two letters." Dorsey 11l From Terrifflc Strain. Mr. Dorsey challenged the statement ns not according to evidence, and his objection was sustained. A sharp dis cussion followed. Mr. Dorsey’s voice was hoarse and it was evident that he had a severe cold. He kept his head burled in his hands most of the day, and seemed really ill. He has been through a terrific strain for the last five days. Rosser Ridicules State Attorneys. Colonel Luther Rosser, In hl* address to the jury In the Grace case, was 1 himself plus. As of yore, he departed not once into Empyrean blue of oratory. He stayed 1 on the ground nil the time and talked with his fingers strung on his suspen : ders His talk was replete with grimaces, ’ wjth comical, postures, with racy anec dotes. He cl’arni t< rized the two law- • ji ts of the pros cution as little boys Hugh Dorsey, he said, should have the shingle used upon him 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 sey." He screwed up his nose and ‘ pursed his mouth—forcing the jury into a smile and the crowd 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 : ptonounciation. He pronounced “bail” : "bile” and “calm” "ca-am.” I Once in a while he waxed vigorous i and with emphatic gesture would ac " centuate his points. I Once or twice he grew tenderly emo tional and spoke with tears in his i voice. i His speech, save for the interruptions i by laughter, was received in absolute : silence and attention by the crowd. “Vanity Caused Him To Take Out Insurance.’’ Air. 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. i “He had the .'society germ’ in his veins,!’ said Mr. Rosser, "and God pity the man who has it. I’d father have ; typhoid fever. A man’s" in a bad fix I when clubs and dances are the breath i of his nostrils. I “Cut out the motive and where is this case left? It has been cut out. 'As for the letters"—he took the letters and exhibited them—"the only evidence before you is that Grace wrote them. It isn’t for me to say who wrote them. I know Grace wrote one of 'em. : “But I’ve got a “little suspicion.’ It may be that Grace wrote the letters the ' night after the theater, so that they f might explain Why he did not go to I Philadelphia.” 1 Mr. Rosser attacked the proof of the ‘ argument that Grace had been doped. He warned the Jury against imagining what the evidence had not shown. He ' held up a bottle of patent medicine. "Doped with this,” he laughed. “An old-fashioned remedy for the baby’s 'tummy.' ” He scoffed at the idea that paregoric could be used as a dope. Referring to Detective Bullard, he said he loved him. "I 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." ’ He sneered at the testimony of Bullard, saying that bls 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 Jis 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 brought up a negro woman to build a ' fire. “Think of it —a woman who was con- ■ ceallng a wounded, dying man In the ■ room, bringing a woman twice Into that I room when It wasn't necessary! "Didn’t that wounded man have i every opportunity to tell those servants 1 something was wrong? “’Ah. but she locked him up and left hlm!“ they say. Rosser Denies Mrs. Grace i Is a Lucretia Borgia. "Gentlemen, if this woman be a Lu cretia Borgia, why go away and leave i him, in reach of the phone, when any I one might rescue him? Why not finish the dastardly work? Why not kill him then and there'.* "They say she thought he would , die. anyway. "If that is truu, he must hu.e been *o nearly dead that he no longer stirred so far gone he could hardly breathe But he was not, as the state has shown. “No man. no woman on God’s earth would have left him there hpd.- 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, thosj so-called evidence, had she been a murderess?” Mr. Rosser was drawing near to his time limit and was warned by the court. He described jhe fight in the Grace home and showed that proof of the bruises on her throat had been given by Dr. Green, the county physi cian. He hurriedly reviewed the evi dence to show that Grace was well and unwounded at 11 o’clock. He paid a compliment to Rebecca Sams, the negro witness, and said the state had failed to shake her testimony. He attacked Luther Williford,, a witness for the state. He ridiculed Morris Prioleau, . the young friend of Grace. "Let's don’t be evil-minded,” he said to the jury. "Let’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 i at 12 o'clock, having one and one-half . hours to speak. It was announced that i the jury would be charged immediately ■ after Mr. Dorsey closed. They would . 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- > stantial evidence is hedged about with certain restrictions.” He read several . citations to show this. “The law doesn't require mathematl . cal certainty, but only reasonable and . moral certainty," he said. "It Is only necessary to convince the jurors, be i yond a treasonable doubt, that the de , fendant Is guilty. "If the evidence does exclude every . other circumstance beyond the guilt of the defendant, It is the duty of the , jury to convict. "If you don't believe she is guilty . beyond a reasonable doubt, turn her I 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 law Is reasonable doubt. There is no defini tion of reasonable doubt. Every one I knows what it means. "Proof can be established through 1 circumstance as well 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 woman 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? I “This woman may he as pure as the driven snow, 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. , “1 hold no brief for Grace. “’A fool there was and he made his > prayer (Even a* you and I) To a rug and a bone and u hank of hair. We called her the woman who did not 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,” Mr. Dorsey dra matically pointed his finger at Mrs. Grace, who looked hltn coldly in the , face. J "But I have no brief for Grace," said / Mr. Dorsey again. “He may have been an adventurer, and she may have been 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 would make him 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 the facts of the shooting her story was too frail to be given credence by any 1 reasonable man She never said a word about those letters. And let me / fay here, those letters are surcharged / with the stink of wildcat. No Chance to Brove Her Statement Untrue. "No living mortal can contradict what this woman has said about these trips. They didn’t tell of things we : could contradict.” Mr. Dorsey referred to Gru. ’ ' ylng to push Daisy from the ship a in- J nocent prank of a loving husband, con- , fident of his strength. A trivial inci- / dent he called it. ' "The idea o' a woman, innocent, failing to speak when she knew Ruffin was accused pf the crime, and she the accuser. He was the man she expected to send to the gallows had Eugene Grace died before succor arrived. "She plotted to kill the man who so loved her that he took into his moth- A er’s home a woman who had married him In fifteen days of her husbfmd’s death, and she planned to send a poor ' negro to the gallows for a crime she I had committed. During the course of his talk Mr Dorsey said that Rebecca Sams’ was I perjured. "She made reference to scars,” said Mr. Dorsey. “John Moore is a shrewd and far-seeing lawyer, but that’s where he slipped up. If I. had been In his place and was going to put up that : tale, I'd put scars on her, even If I ■ 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 i a phone in the house. Where there io ■ a phone In the room there might be an -1 other downstairs." • Defense interrupted here, saying that Dorsey was trying to show there was another phone In the house, which was J not true. Mr. Dorsey accepted the fact that only one phone existed. 1 “She Left Him, Not Dead, But to Die.” i "She left him there, not dead, but to ; die, anyway," he continued. “For the , maggots to eat, for the heat to decay, z 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. Branch showed that Dorsey was wrong, but t'ie cqurt called Branch down hard i for the language he used, cautioning I hlin to couch his objections in differ- J ent terms. J I repeat,” said Mr. Dorsey, shouting zl at the top of his voice, “that although J she fought with him over the power of attorney, she left that on the floor and Continued on Psge Flv*.