Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 03, 1912, EXTRA 1, Page 5, Image 5

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Prosecuting Attorneys for the State and Counsel for the Defense Have Completed Their Final Arguments in Impassioned Speeches MRS. GRACE’S FATE IS PUT IN HANDS OF TWELVE GOOD MEN State’s Attorney Again Denounced Accused Woman as a Lucretia Borgia, While Her Lawyer Flayed Prose cution and Wept. Continued From Page Two. took with her to Newnan the precious life insurance policies. “Just watch me weave the web around her,’*Mr. Dorsey shouted, cast ing the policies on the floor before the jury. "Watch me build up chain, link ' by link. • “Took Pistol to Upset Suicide Theory.’’ "Why did she take the pistol out of that room? Because those policies wouldn’t be paid in case of suicide. That pistol must be out of that room. "Mrs. Grace says she didn't know anything about that letter. But she could have told us whether or not he wrote it. Did she do it? No! "Let’s see about these little tricks. Where's that typewriter? That ma chine upon which that letter was writ ten? Gone? Gone? Echo answers 'where?’ Sixty days ago it disap peared. Gone! Talk about suppress ing evidence. The pot calls the kettle black. "Money in his business! Os all the money she is said to have given this poor man, not a check is proven to have been cashed by him. "But the record shows this man giv ing money to the woman who shot him. "Those policies were to the name of Mrs. Grace and no will Grace might have made could have diverted the money from her." Mr. Dorsey contended that Mrs. Grace had never given Eugene money, or checks would be in evidence. He would bet that Grace paid for his in surance. "I want something better than the word of this woman," he said. He believed the woman had artfully persuaded Mrs. Hiil to suggest to Gene that he take out insurance. “Insurance Evidence Establishes Guilt.’’ "If there is a shadow of a doubt that this woman is guilty, this Insurance evidence demonstrates her guilt to a mathematical certainty. "Why didn’t she poison him? She knows there is too great an opportu nity ’or detection. No; she shot him, and he shot him in the dead hours of the light. They say he was shot in the taytime. Where Is the man who hears the shot? "W y w:.» Martha called to the room? That she might tell the police that Grad was lying In the bed. But she was -lurried away. Kep Servants Outof Room. "Se never let these negroes get back in the room She rushed them off ii a hurry. She gave them orders agaist going upstair?. This points di rect? to her guilt. wildly infatuated was he with this woman that he would almost at het-request have pulled the trigger on liirself and died to please her. She tol him to buy that medicine and he difit. She says she loves him. but she pptests too much. She even told poor ol Mrs. Hill she wanted to live In Nwnan with her, something you know si* never dreamed of. 'She deceived the Hills. I hey even wnt out and got counsel for her. ■ln the name of right, don’t be swep' o' your feet by ‘Jenny worship.’ We a honor good women, but there is as ruch difference between the good Mmten we honor and this woman as btween day and night. W e can not scrifice the laws of this commonwealth non the altar of a woman. “There is a grave difference between diat Meekle said Grace said at the tiephone and what she said Grace aid. Meekle quoted him. ' 'l’ll call Irs. Grace.’ She quoted him. Til call iy wife.' I'd rather believe Meekle ‘Put Bloody Towels [n Bath Room Purposely. “Grace was shot, locked in his room. Nobody knew that the key in his pocket would unlock the Philadelphia vault. She would have said Ruflln knew about the key. She put those towels in the bath room to show that the murderer used them to dry his hands. "So mercenary was she that she padded the bed to keep the stains off. because the bed was rented and she would have had to pay the damage.” Mr. Dorsey dragged the blood stained bed clothes to the floor and spread them before the jury. “The only spot of charity in the whole case is that she tried first to saddle the crime upon an unknown man from South Carolina. "But If by hook or crook she could tease Gene into w riting a letter which she could put In an envelope with th* typewritten letter, she had her alibi fixed,” said the solicitor. It was the first reference to the theory that sht* persuaded Grace to write that "pencil note.” which he had charged to her in conversation several months ago. He was willing to accept It as Gene's let ter Admit Grace Wrote Note. "I believe that Gene Grace did write that letter, because it is grammatical, because it contains not a word to arouse his suspicion, while the type written letter contains the same un grammatical phrases found in that carefully prepared statement she made yesterday.” Mr. Dorsey poured into Mrs. Grace's statement all the guns In his battery. He showed errors in grammar all the way through it. He. showed the same errors in that typewritten letter. The words “come” for “came" and "run" for "ran” -were especially shown. "She made Eugene Grace write his own death warrant." he shouted. "That poor, confiding boy! How be must re gret he ever met this woman. He will regret it to his dying day. "She persuaded Gene to write that note, telling him some sweet story. She couldn t have made him write the details in that typewritten letter. So, tailing to get his writing, she had only the typewriter to fall back on. "See how carefully the plot was worked out, gentlemen of the jury? She plotted in this letter to show that Gene would take this bum home, even into his room, into his very bed. She even planned to have mother come back and fall prostrate on the cankered body of her beloved son. Mr. Dorsey then quoted "The Female of the Species Is .lore Deadly Than the Male. He delivered this second Kipling poem at length, quoting several stanzas. One stanza was: "When the Himalayan Peasant meets the He-Bear in bis pride He shouts to scorn the monster who will often turn aside; But the She-Bear thus accosted rends the Peasant tooth and nail, 1-or the female of the species is more deadly than the male” Mr. Dorsey concluded at 1:24 p. m. Judge R' an began his charge to the jut- at 1:26 o’clock. Ho said, briefly; 'This bill off indictment charges as sault wife intent to murder. The charge is that Mrs. Grace, on March 5. 1912. witii a pistol, did unlawfully and with malice afor thought, shoot E. H. Grace with intent to murder him. “Mrs Grace pleads not guilty, and waives indictment, and, with the pre siimptic n of innocence in iter favor, rhis presumption renjains until the state shall remove it and convince you. beyond reasonable doubt, of her guilt. “Gentlemen, this presumption of in nocence would entitle her to a verdict of not guilty, unless the state has con vinced you beyond REASONABLE doubt of her guilt. Not just any doubt. It must be a real doubt, from the evi dence honestly believed by the jury. "You have heard the evidence. It is for you to take this evidence and pass on. “You Have Right to Believe 0# Reject Statement.” “You heard the defendant make a statement. She was not subject to cross-examination The defense has a right to make a statement. You have a right to believe it all or reject it all. or believe a portion and reject a por tion. That is entirely with the jury. You have the right to believe it in the face of all the sworn testimony if you see fit. or to reject it. "Intent to murder embraces al! the facts of murder except killing Here Is the definition of murder: “If the defendant assaulted him In the mariner charged and he had died it would have been murder. Then you are authorized to find her guilty of intent to murder if you can find that she intended to kill him and used a weapon likely to produce death. "It must appear that she Intende'd to kill him and used such a weapon. No person can be guilty of assault with in tent, to murder unless they intended to kill." Malice Must Exist For Guilt, Says Court. He quoted the distinctions In murder. An expressed or implied malice MUST exist. Persons can be guilty of murder even of persons they love. Malice means deliberate intent to take human life, no matter from what passion it springs. “It is charged that the weapon used is likely to produce death. This must be shown by satisfactory evidence. “There have been two letters offered here, purporting to have been addressed to Mrs. Grace at Newnan. It Is claim ed they were mailed here. It is claim ed further that the envelope inclosing the two was addressed by E. H. Grace. It is claimed by the defense that one of these was In writing of E. H. Grace, the other typewritten “I simply let these letters go to you for you to determine one point. If you believe Eugene H. Grace backed that envelope, or wrote one of the letters and if he hlniself directed these letters to his wife and had them mailed, in an effort to communicate with his wife, you must give those two letters no con sideration or weight. “If you find that E. H. Grace did not make an effort to communicate through those letters to his wife, they are be fore you to give you whatever assis tance they can to reach a verdict. “if you believe the defendant delib erately or intentionally shot her hus band, Intending to kill him, I charge she would be guilty of the offense of In tent to murder. “I charge you. further, that if you believe this defendant and her hus band were in an altercation in their home, If he shot himself in this scuf fle with the pistol he had taken out, if you believe that, I charge you should acquit her. It makes no difference who had the pistol In his or her hand at the time. "If you believe the woman guilty, you must say: 'We, the jury. find the defendant guilty.' You can go further. This is a felony. You can recommert'd that she be punished as for a misde meanor and not as for a felony. “Give the prisoner the benefit of any reasonable doubt and acquit her. The object of all these investigations is the discovery of the truth. The state charges the defendant witii a crime. The defense maintains her innoncence. This is the issue for you to decide. “Befo e the jury is authorized to convict on circumstantial evidence, every hypothesis other than that of THE ATLANTA GEORGIAN AND NEWS / / \ *■ * ' ” ■■lMWrawA T 1 ; i N - --"‘'nW T'lT j ■ • ■„< A'. j who has been at her ' / daughter’s side during the trial. T racing Bribe A t temp tin Grace Case TRAIL GO-BETWEEN Detectives were today making vigor ous efforts to run down charges of at tempted bribery and tampering with state witnesses in the Grace case. Their investigation revolved about Rebecca Sams, the mulatto dressmaker for Mrs. Grace and a witness for the defense in the Grace trial. J. C. Ruffin, the ne gro servant in the Grace home, and his wife, Martha, both important wit nesses for the prosecution in the trial, swore on the witness stand yesterday that Rebecca Sams toid them that Mrs. Grace would take care of them If they would testify for her. The detectives believe that they can develop much stronger evidence. The attorneys for the prosecution tried to establish at the trial yesterday that she was a medium for the defense in a scheme to influence witnesses. The detectives are working under the di rection of Solicitor H. M. Dorsey. Witnesses Approached. The detectives have the statement of Abe Peloat. father of Martha Ruffin, that Rebecca Sams sought to get the Ruffins to testify for Mrs. Grace and that she endeavored to get them to go with her to the office of John W. Moore, attorney for Mrs, Grace. Peloat said he went to Mr. Moore’s office himself to find out what was wanted. “Mr. Moore told me that he just wanted to talk to Martha and for me to bring her to his office,” Peloat declared to the detectives. Peloat was in the court room yes terday ready to make his statement under oath, but it was too late to call him to the stand. Detective Doyle found Rebecca Sams talking to the Ruftins in the court house just outside the room in which the Grace trial was taking place last Monday. the state must be removed beyond a reasonable doubt.” The case went to the jury at. 1:48 p. m. Mother and Nurse With Mrs. Grace. Mrs. Grace was attired in a dark skirt tnd white shirt waist today mid wore the big white panama hat which has become so familiar to the court room throng. Her mother, Mrs. Martha 111-] rich, and her nurse. Mrs. Louise Wil- | son, were at her side again, having | given their testimony and being no | longer exeltldPd from the room. Her, bondsmen, too, were at her table, and the private detective and prize tight I referee, C. W. Burke, was with her as! usual. Burke lias been engaged by her I counsel in working up evidence in the ease, and has acted as personal body guard for the woman on trial. The blood-stained clothing and all the exhibits in evidence were piled on the table of the state's counsel. Lan books to show authority were siacki ■! before both sets of counsel. The jury members looked fresher and MRS. GRACE’S MOTHER “I am on to you,” he declared, “and if I catch you talking to these wit nesses again I will lock you up.” The Sams woman said she was only talking to the Ruffins about their do mestic relations, the Ruffins having re cently separated. But the Ruffins told the detective that she wanted them to teslfy for Mrs. Grace. Burke's Part. Newport Lanford, chief of the city detectives, told an Interesting story to day about Detective Burke, a special agent for Attorneys Moore and Branch, who has been a companion of Mrs. Grace much of the time recently and helped her. Chief Lanford said that Burke made prodigious efforts to find out what evidence the prosecution had against Mrs. Grace under the guise of helping the detective department build up its case. Burke was a special agent of the Southern railway and refereed boxing matches at one of the local clubs. He called on Chief Lanford for help in catching some "car breakers." Chief Lanford gave him help and a number of criminals were caught. Then for weeks Burke made efforts presumably to help the detectives collect evidence against Mrs. Grace to show his appre ciation. “He wanted to see the famous letter from Grace to his wife at Newnan which fell into the. hands of the prose cution." saiil C'niff Lanford. "He want ed to help us identify the typewriter on which it wa c written. But he never got his hands on that letter or found out anything else about our evidence. A feyv weeks ago he quit coming a otind. When he became frank about bis connection with the Grace case, we realized his ‘game.’ " brighter than on rhe previous day. The coo! night had evidently brought them a good rest, and the yhad been supplied witii fresh linen and the services of a barber or safety razors. Mrs. Grace Nervous As End Approaches. "Well, thank Heaven, this is the last day of this ordeal.” said Daisy Grace to her lawyers when she entered Judge t Roan's court room and sank down by the side of her mother and her body | guard. Detective Burke. One of the lawyers told her that 'he ! pleadings would be finished by early 1 afternoon, and that the jury would al- I most surely reach a verdict before ! nightfall. "Pray’God it does.” she said fervent ly. "1 have absolute faith that the jury w ill say 'Not guilty.' ” Nevertheless, Mrs. Grace spent a bad night prior to the last day of the trial. She is evidently worried over the re ports that tin ease would be a mistrial. I with the possibility of forcing her through another ordeal. She did not xle, p as well as usual at lite West End home where she Is staying, and her mother remained with her until she finally fell Into sleep late last night. Inquires if Husband Reaches Newnan Safely. But she seemed immensely relieved this morning when, upon entering the court room, she was not confronted by the prostrate, accusing form of her husband. She asked if he had reached Newnan safely, but she declined to com ment upon his last words when he said Just before departure that tho story she had told yesterday upon the stand was a story’ of rehearsed Iles “My lawyers will not let me make a statement,” she said. "But I am glad that I went upon the stand and told the truth of the story. There’s not one line in it that I would change, although I did not tell all that I could have told. After the case is ended. I will have something to say Just as important as whatever Eugene may say.” Mrs. Grace said that she wanted to correct a statement made by a paper yesterday afternoon, which declared that she hissed out in the court room, “Oh, what a liar!” at Attorney Lamar Hill, who had said she did not own property she claims to own. She says that her words were "What a lie that is!” She said that it burst from her in the moment’s indignation, but she declares that she never uses the word "liar” to anyone, and regrets that she said what she did in the court. Aged Miniser Finds Delight in Witness Chair. Rev. N. Donaldson, an aged min ister. achieved his heart’s desire today when he found the Witness chair empty and climbed into ft. For several days he had been haunting the corridors, trying to gain entrance to the court room. On Wednesday he managed to get through a private door, but was pulled out again by an exasperated bailiff. Yesterday he came early and found a good seat In the court room, and today he was the most conspicu ous figure in the house, occupying the witness chair fixed high against the wall. The crowd was not so great today as when the curious had still to look for ward to healing Mrs. Grace’s story on the stand. The room was filled, but there were not so many standing in the corridors, and the atmosphere of the room was not so disagreeable. The news that Grace had returned to New nan, too. may have kept part of the throng away by removing one item of the “show" which has drawn the at tention of Atlanta for five torrid days. Judge Roan said today that in h.s opinion the case would go to the jury before nightfall. MRS. WALPOLE DEAD. Mrs. Mary Gardner Walpole, aged 66, died at her residence, 254 Myrtle street, at noon today. She is survived by one daughter, Mrs. Robert R. Otis, and three sisters. Mrs. John Doonan, Mis Kate Lovett and Miss Elizabeth Gardner. Funeral arrangements have not been completed. MRS. GRACE’S STORY REHEARSED LIKE PLAY; WAS COACHED BY MANY Mrs. Daisy Grace’s remarkable story of the shooting of her husband, Eu gene, recited th the jury, was a care fully prepared declamation. pruned, amended and polished by her lawyers, and as carefully rehearsed as a dra matic offering by a professional actress. This startling fact was revealed by the publication of the recitation before it had been delivered in court by Mrs. Grace. It had been prepared in the offices of her lawyers. John W. Moore and James A. Branch. There it had been decided in numerous conferences what would be good for the jury to hear and what might best be omitted. There its 7,500 words had been intoned day after day by Mrs. Grace. There, and in other places the woman who was to recite it in explanation of her part in a tragic shooting had been rehearsed and guid ed and trained by lawyers, a secretary and a private detective, and from there it found its way into type hours before Judge Roan and the jury of twelve men who possibly thought it an extempora neous masterpiece heard a word of ft. To Save Grace Name Dragged It in Mire. At the same time that these surpris ing revelations were made, the aston ishing fact was bared that Mrs. Grace’s lawyers. Moore & Branch, had known of her claim that Grace shot himself from the very beginning. Despite that fact, they had permitted the entire po lice force of the city and detectives tn a host of other cities to waste many wearisome weeks hunting supposed sus pects and “mysterious persons.” As the testimony showed, Mrs. Grace was pointing suspicion toward her hus band’s servant, and indirect accusations Involved many others not specifically named. While the lawyers were keeping Mrs, Grace's alleged secret —-presumably be cause of her alleged promise to Grace to shield "the family honor"—they were giving out a mass of letters and papers and statements reflecting hideously upon the wounded man and conditions in the Grace home. Their attacks, as well as those of their client—while she and they were sending scores of police on false scents to "shield the family honor"—made the Grace family life a by-word, and often contained insinuations unprintable. The training tn this case was no half-hearted affair. No playwright ever worked more palrstakingly to eliminate what might hurt him with his audience and Insert what might benefit him than h lCan tLiveWithThatWomanNow" GRACE TO RUSH DIVORCE NEWNAN, GA., Aug. 3.—"1 can't five with that -woman!” exclaimed Eugene Grace, back in his parents’ home here today. "Whatever happens—however this trial turns out—Fm going to sue her for divorce." Grace awaited the verdict in the trial of his wife with ill-concealed impa tience. "Lamar Hill is going to get the di vorce for me,” he added quickly. "We would have applied for it before, only I have not yet lived in the state a year until November. Then I will not delay that divorce a day. And if she con tests it, I will fight It to the last ditch, and I will get the divorce. My charges against her will embody substantially the charges already filed against the woman, but there will be more evi dence. Would Have Gone to Reno. “I haven't wanted to wait the year for that divorce,” said Grace resentfully. "I want to be legally separated from her and her name forever, and Just as soon as the law will allow. I would have gone to Reno to get the divorce quicker, but I wias shot and paralyzed and said to be dying. I could not go. But I have that promise from my law yer in Atlanta that he will not delay a day after I have been in the state of Georgia a year. That’s one more rea son I'm going to get well—to get that divorce from that woman.” Grace talked considerably today about plans he has formed to leave Newnan after the Atlanta verdict has been rendered, for some resort where he will be less closely confined than in this little town. Many friends have written him that he would surely re cover if he were to take ( some famous "cure,” but, pending the verdict, his plans for the future remain unsettled. Grace commented briefly this morn ing on his wife’s statement of yester day before the Jury, but, brief as his comment was. it Indicated one thing clearly—he will lend all his strength toward redeeming what he considers a cruelly besmirched name. “She's Defamed My Character.” Grace had finished reading his wife’s statement, and he said with bitterness, but considerable self-control: "She has defamed my character. When the jury has rendered its verdict, I must take up her charges, reflecting so seriously on me, and refute them. The people don’t know how things are, and they must have the truth.” Grace again lay in darkened room of the Hill home on Greenville street. He was taking his morning treatment. He was feeling tine, he declared, and regretted only that he could not enjoy the outside warm sunshine and breezes. Beyond saying that he would take up his wife's statement in detail, he de clined to discuss the ease, but it is evi dent he smarts under the latest and those w ho had a part in the construc tion of Mrs. Grace’s story. No star of the stage was ever more carefully trained to speak her piece effectively and without the aid of the prompter than the woman accused of trying te n urd. r Eugene Grace. Plenty of Critics And Stage Managen, Coachers, dramatic critics ana stagw managers there were a-plenty. When it was first fashioned it may have been a rough, uncouth tale; when*it left the chief dramatists’ office to be given the street and finally to the jury, ft wa.-j a gripping, well rounded melodrama, with pistols and gems and attempted killings and unexpected climax®* a-plenty, Mrs. Grace did credit to her coa after and the playwright, whoever they may I have been. She bad rehearsed with her lawyers. She had repeetesl the story day after day to Detective Burke! and to a specially engaged assistant, 1 who found in that their prlnctpe.l wot* ’ She said her speech before M’n Rosser, and then recited it to his law partners' She studied faithfully and consden tlouHly day and night. ‘ Her coachers were persistent andj tireless. Most of them could go an the| stand today and recite the story them-' selves—so often have they heard It In the quiet north side home or the farm I on the outskirts of ths dty, where Mr* ' Grace may have treated the birds an** the rabbits to an eloquent phrase or two of her masterpiece. Learned Her Speech | Os 7,500 Words. / As a result. Daisy Grace ed the difficult feat of to memory and repeating 7,500 words without an error except when f»er jg-. norance of grammar caused an ooca- 1 slonal slip. She had droned them and Intoned them tto often she could have probably spoken them In one of the dreams helpleas Gene says she occa- , sionally had. The recitation 1n court was, there fore. little of an ordeal. With her, wounded husband lying before her, his eyes fixed ateadUy and clearly upon here, she spoke her piece, dropping a word Iwre or a phrase there occasfre ally. but tn the main sticking to manu. script with commendable accuracy. Very skillfully Mrs. Grace was re served for the last witness. She was not under oarh. and the state coifid not cross-question hsr. The fact that her surprising story wa« a painstakingly prepared and oft rehearsed story could, therefore, not be put before the jury. sharpest lash of his wife and unwilling ly holds himself in restraint until the Jury has returned its verdict. Mrs. Grace had previously attacked the character of her husband, but Grace considers that she went to superlatfv* extents In her last effort. The readers of Mrs. Grace's stnrlea of abuse would get a much better im pression of Grace if they could study-, the face of the wounded man. Grace has an extremely winning smile and large blue eyes that beam forth hats eat y and confidence In the stranger and high regard for friends. He U ap proachable. affable, kind and conaldaor ate, and if he did all his wife charge his face shows none of it. Interest in the case has not waned tn Newnan. Newspapers still are eagerty gobbled up, and the question of Mm Grace's guilt or Innocence is still ths main topic around the postoffioe, ths depot, the public square and the lead ing hotel. Sentiment naturally is with Grace, although there is much doubt that the evidence is direct enough to bring a verdict of guilt. The Trip on the Train. Lying on hls cot in the baggage car of train 85 of the Atlanta and West Point yesterday, Grace scanned Ms wife's prepared statement as closely as blurred print and two dim lights would permit. On being told that the state ment had evidently been given out prior to her statement before the Jury, he said, "Then she must have guessed at it when she went on the stand.” This was the most direct reference he made to the case during the ride, and after it, he checked himself with the remark that he could not pursue the subject further. The trip down was uneventful, but marked by pleasantries and the good humor of Grace's host of "brother” Elks. In the escort were T. G Farmer, Jr., B. M. Carpenter, R. E. Platt and’ B. H. Kirby, Grace's boyhood friends from Newnan who had come up to the trial with him. A picture of these friends in an Atlanta newspaper held the wounded man’s eye several mo ments. Then he turned to his wife’s allegations as the very newest thing in the case. Grace’s stepfather, S. L. Hill, of Newnan, and Robert Bailey, the negro boy who has, been with him constantly for four months, were al.-o along. Conductor "Jim” Lynch passed through the ear several times and once he paused opposite Grace to play a game of solitaire on an empty soda water case. Grace lay on his cot near the middle of the baggage car. at the left, facing toward Newnan. On his right was an express strong box. be hind him a big consignment of flowers tagged to a LaGrange florist, and in front a . ouple of trunks and a block of i(, and farther front, a crated calf billed to a wayside town. COOPERAGE PLANT BURNS. YONKERS, N. Y„ Aug. 2. -Fire ear ly this morning completely destroyed the plant of the Federal Cooperage Company and the warehouse of the Waring Manufacturing Company here, causing a loss estimated at $200,000. 5