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TH E VARYING EX PR ESSION S OF MRS. DAISY QPIE GRACE
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NOTABLE TRUE
GDIS TO ENO
AMID THRILLS
Judge Completes His Charge
to the Jury at 1:45 o'clock.
Takes Recess.
Cf4rtinu«d From Psge 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 tn
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 him That she was trying to
drug him with Radway’s Ready Relief
and King's New Discovery. THINK of
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? By nobody.
By nothing but the most illogical cir
cumstance, proved by unreliable wit
nesses.
“What is it? Why, she put a note
downstairs telling .J. and Martha no'
to wake them up But the., can not I
take away from you your .ommon
sense. A person plotting a murde
would she care to stay in a darkened
room with her corpse?
"Wouldn’t she v Iconic th,- rising
sun and crowing chickens Would sin
have written a note telling tin servants
to leave her alone’.'
Mr. Moore warned the jury not t<> b<
lax or indifferent in the ret ■ -ing of a
Verdict. The law gave no power, .he
said, to remedy an ill-formed v< edict.
He implored them to try the cas. on
the evidence and not by far-fetched
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theories and theatrical by-plays of the
prosecution. He urged upon them the
sneredness of liberty, and that they
should not depart from common S'i’nse.
He told them that unless ’ney were
convinced In their minds that the shoot
ing could not have Occurred in any
way but the way the prosecution pre
sent.- 1, they should not convict the de
fendant.
In <’on<luslon, Mr. Moore waxed
I flowery, with frequent references to the
I "retf old hills of Georgia” and "brown
' Syed babies."
His words brought tears to the eyes
of Mrs. Grace and her mother, Mrs. ill-<
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 a half. He concluded at 10:40
a. m.
Luther Z. Rosser began bls argument
for the defense at 10:45 o'clock. He
had about an hour 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, but said
that the solicitor had used the word in
the presence of a negro, at least.
"This case is as dear as this pro
boscis upon my face; it Is biled and
re-blled, and the more ft is biled the
worse it grows. My friend of the fat
nature. the policeman, says the far
ther off a tiling gets the better he re
members. Oh, that 1 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
a lack of memory, a little streak of
prejudice, a little sentiment, may
change what really took place. And
when you find out what really took
place, it is so easy to see in it what
you wish to see."
He told an anecdote, about a college
boy to illustrate his point. There was a
great difference between the voice of
gentleness and that of harshness.
"Circumstances max 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 the roll
ing top-knot. Hr. Lamar Hill, has help
ed him on the trail.
"She May Fight Him Today
And Be His Slave Tomorrow."
Hugh says this plan originated for
money. That women told a pathetic
truth whin she said ‘He was to me the
most fascinating man in the world.’
You know all that that means, gentle
mi n She may fight such a man to
day. but she is his slave tomorrow.
" Although he may slay me, 1 love
him .still,' is her attitude.
'A woman, a spaniel, a walnut
tree —the more you beat ’em the
better they be.’
"Pressed with difficulties, hunted and
hounded, in the midst of the press, in
IHE ATLANTA GEORGIAN AND NEWS.
*The Vampire* in the
Grace Shooting Case
**“~ ’ •
A fool there was and he made
his prayer
(Even as yon and I)
To a rag and a bone and a
hank of hair.
We vailed her the woman who
did not care.
But the fool he called her his
lady fair,
(Even as yon 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 ho had bought medi
cine. And yet. because she minis
tered to his wants, she is a murderess.
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
tin- bath room. A common remedy!
There's no evidence that any opium was
in Grace’s system, and if there had
been, they could have proved it.
"He was conscious and not drugged'
when he called the police.. He wasn't
drugged when the girl laid the tire, at
Mrs. Grace's invitation! He quarreled
with his wife then. If lie had been
shot, why didn't he tell Martha to get a
doctor? So 1 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 i
loyal, faithful'servant. But we are not
depending upon her. That gioeeryman.
Charles F Merkle called up the house
and a 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
shown that beyond a shadow of a
doubt. They tried to shake Meckle, but
they couldn't impeach him. and the?
didn't try. though he told you of men
you could have called had you dared.
"Whose voice was it but Grace's that
answered that phone? They have
proved that no other man was In that
house but Grace, 1 thank God Mrs.
Daisy Grace is sustained by the evi-
dence at every important point of the
"It! you are going to reach a verdict
by evidence and not 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 swofe 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 wfiat is their proof? On the
Bth day of March, three days later.
\\ oods 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
sueth, but the righteous are as bold as
the lion.’ Daisy Grace, from the old
Keystone state, down here where you
.'•■•aid you’d give her a fair trial and
didn't do it, came through, after the
most awful ordeal, without the smell of
fire upon iter 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 ami the lino 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
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. lour little souls can not
understand how people tan 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.
"1 know how unfair my friend is
going to be when our lips are closed.
They say there are .-ome letters here,
but they haven't proved Mrs. Grace
wrote them. Mr. Ashe said the same
touch wrote two letters."
Dorsey 11l From
Terriffic Strain.
Mr. Detsey challenged the statement
as not according to evidence, and his
objection was sustained. A sharp dis-i
cushion followed. Mr. Dorsey's voice i
was hoarse and it was evident that he |
had a severe cold. He kept his head I
buried 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 his address
to the jury in the Grace case, was
himself plus.
As of y ore, tie departed not once into
Empyrean blue of oratory. He stayed
bn the ground all the time and talked
with his fingers strung on his suspen
ders
His talk was replete with grimaces,
with comica! postures, with racy anec
dotes. He characterized the two law
yers of the prosecution 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
-9?y.” 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 bad grammar and
pronounciation. He pronounced “bail"
"bile” and "calm” “ca-am.”
Once in a while he waxed vigorous
and with emphatic gesture would ac
centuate his points.
Once or twice he grew tenderly emo
tional and spoke with tears in his
voice.
His speech, save for the interruptions
by laughter, was 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
when clubs and dances are the breath
of his nostrils.
“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
might explain why he did not go to
Philadelphia."
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 w ith 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
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 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
brought up a negro yoman to build a
i fire.
' "Think of it—a woman who was con
| coaling a wounded, dying man in the
I room, bringing a woman twice into that
■ room when it wasn't necessary!
“Didn't that wounded man have
1 every opportunity to tell those servants
• something was wrong?
" 'Ah. but she locked him up and left
him'.' they say.
Rosser Denies Mrs. Grace
Is a Lucretia Borgia.
“Gentlemen, if this woman be a Lu
cretia Borgia, why go away and leave
him, in reach of the phone, when any
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 true, he must have 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 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-eafled evidence, had she been
a murderess?”
Mr. Rosser was drawing near to his
time limit and was warned by the
court. He described the 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 negri
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
at 12 o'clock, having one and one-half
hours to speak. It was announced that
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 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 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
loose. 1 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
knows what it means.
“Proof can bo established through
circumstance as well as by direct evi
dence.
“'To acquit upon trivia! objections is
in disregard of the juror's oath,' says
Judge John T. Hopkins, nestor of the
Georgia tar.
“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?
“This woman may be as pure as the
driven snow, but I will stake my repu
tation that this woman and this man
were never married until they reached
New Orleans, in May. not in March,
"1 hold no brief for Grace.
"'A fool there was and he made his
prayer
(Even as you and 1)
To a rag and a bone and a hank of hair.
We called her the woman who did not
care,
But the fool hd 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 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
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
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
reasonable man She never said a
word about those letters. And let me
ray 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
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 woman, innocent,
tailing to speak when she knew Ruffin
was accused of 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
ers home a woman who had married
d^tb ln 'T daVS ° f her husband's
death, and she planned to send a poor
negro to the gallows for a crime she
had committed.
During the course o f his talk Mr
Dorsey said that Rebecca Sams w as
perjured. a
''She made reference to sears," said
"nd f r ' i° hn Moore is a shrewd
“ nd lawyer, but that’s where
he slipped up. if i had been in his
P’' ? lcc was going to put up that
, , , PUt Scars 0,1 her ‘ even if I
Hid 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
a phone in the house. Where there is
a phone in the room there might be an
other downstairs."
Defense interrupted here, saving 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
maggots to eat. for the heat to decav
Siie 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 the court called Branch down hard
for the language he used, cautioning
him to couch his objections in differ
ent terms.
”1 repeat,” said Mr. Dorsey, shouting
at the top of his voice, "that although
she fought with him over the power of
attorn-v. she left that on the floor ana
Continued on Page Five.
