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2 TH E VARYING EX PR ESSION S OF MRS. DAISY QPIE GRACE ”■ •{•# ■■■ ojmmhhmei Jif »«.♦. ~~ ~ - '■■■ __ .■ <,. IM ~... ... ,—_ WBB ■HU wr . HHHfr • r ■ <J « ■ fefc I ■< :■ I 2* y Y*' * *C "** ;' wte..| ... KBF ■*rW *■■ B®3wßM ir A ■ BK * . H ' W - J/O- ...■> w vEr % " »* v HHHLMI L •• * , " ■ * f ■ ' *«3I «' W BF if *SHk ; - J«fF TaSafete.. ! " V WH| r- few- < “ - fIHKz- ’ : vrtlMb.. ? Mk l ? -JSHR ml>j 'V; '-•*»... - < „ O ' * ‘T ww ***>’».,&, 'W^ r Bf ♦•* i-f -F '•< K .—-.«. b. i»' ■ lag ■-”• ‘«*« - <i. '■ *wy - gjgßsl -•» »i'— -m» *ww , '“’ *- w IB»' *J? 'A ' * * WSMik x J| *•<• ■ JH fcrvwHMfe i OP* w . w> i> JRIMBBRIIk j -bb_:—— Jy ■ t. t 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 The Atlanta Georgian—Premium Coupon This coupon will be accepted at our Premium Parlor. 20 East Alabama st., ' as partial payment for any of the beautiful premum goods displayed there. See Premiun Parlor Announcement on Another Page ' X 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.