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Thursday, May 1, 1913

Was the Killer Trying to Burn the Body When the Night Watchman Interrupted Him?

A compelling new theory has emerged in the Mary Phagan murder case, one that assumes the innocence of night watchman Newt Lee and attempts to account for several details that have kept the mystery unresolved.

The theory holds that the killer brought Mary Phagan's body to the basement of the National Pencil Factory with the intention of burning it, and that he was still hiding down there when Lee descended and discovered the body lying face up, head toward the back door.

The Notes Explained

The theory does not clear Lee entirely on the matter of the notes found near the body. It assumes he did write them, but did so out of panic, hoping to deflect immediate suspicion from himself while trusting that a calmer investigation would eventually prove his innocence. Supporting this view is the fact that both the original notes and Lee's handwriting samples contain the same spelling errors: "by" written as "boy" and "self" written as "slef." The unusual formation of the final letter in "slef" appears identical in both samples, suggesting the same hand produced them.

A Sequence of Events

According to this theory, the sequence of events unfolded as follows.

After committing the murder on the second floor, the killer faced the problem of disposing of the body. Either before Lee reported for duty or while the watchman was making his rounds on the upper floors, the killer carried the body down to the basement, most likely through the trap door and ladder. He placed it on a pile of trash and paper in front of the firebox beneath the boiler, the same spot where Mary's hat and left shoe were later found. His plan was to stuff the body into the firebox and burn it along with the surrounding rubbish.

Before he could act, however, he was startled by sounds at the trap door near the front of the basement. The only light in the dark space was a faintly burning gas jet. A second light then appeared in the opening above. It was the watchman's lantern. Lee was coming down.

In a rush, the killer grabbed the body by the dress or a limb and dragged it across the dirt floor, past the boiler, and around a partition, dropping it out of sight. Officers later noted what appeared to be drag marks on the dirt floor. The condition of the body supported this account: Mary's clothes, her face, and one of her legs were heavily smeared with the black dirt and coal dust of the basement floor. Yet she was found lying not on that black dirt but on dirty sawdust nearby.
Transcript
00:00Did murderer seek to burn slain girl's body, and did the watchman interrupt him?
00:04The Atlanta Journal. Atlanta Journal. Thursday, May 1st, 1913, page 7, column 2. A new theory based
00:13upon an assumption of the innocence of the Negro night watchman Newt Lee is that the murdered body
00:18of Mary Fagan was taken to the basement of the National Pencil Factory primarily for the purpose
00:23of burning it early Sunday morning, and that the slayer was hid in the basement when Newt Lee
00:29discovered the child's body face up with its head toward the back door. This theory will permit
00:34explanation of several details which tend now to keep the mystery thick. It assumes that the Negro
00:40night watchman Newt Lee did write the crude notes found near the girl's body, but wrote them to save
00:45himself from the first fury of suspicion, believing that his innocence would be established by later
00:50calm investigation. The assumption that he did write them is reasonable, because in the notes
00:56themselves and in the Negro's repetition of them, by was spelled boy, and self was spelled slef. The
01:04final F on slef is identical in the original and the test, moreover, and other details seem to indicate
01:10they were written by the same hand that of the Negro. Theory in detail. Here in detailed sequence is
01:17the new theory. The murderer faced the necessity of removing his victim's body from the second floor and
01:23disposing of it. Either before the Negro came to work, or afterward while the Negro was on the upper floors,
01:29the
01:29murderer took the body to the basement, probably by way of the trap door and ladder. There he dumped the
01:35lifeless
01:35form of the child upon a pile of trash and papers and other clutter in front of the firebox beneath
01:40the boiler.
01:41Mary Fagan's hat and her left shoe were found there. Planning to dismember the body or stuff it somehow into
01:46the unlit
01:47box and there consume it by burning it in a hot fire of trash. The murderer was interrupted by a
01:53noise at the
01:53trap door near the front. A gas jet burning dimly there was the only light in the thick gloom of
01:58the place.
01:59Another light the watchman's lantern showed in the opening. The watchman was coming down. The murderer seized the
02:05child's body quickly by its dress, or an arm, or a leg, and whisked it across the dirt floor, past
02:11the boiler and around
02:12the corner of the partition, there dropping it out of sight as he thought. A place that looked as though
02:17something had been dragged upon the dirt floor was found by the officers, and at least one of them swore
02:23to it Wednesday at the coroner's inquest. The child's clothes, her face, one of her legs, were rubbed black
02:29with the black dirt and coal dust of the floor of the place. She was found lying, not upon that
02:34black dirt,
02:35but upon dirty sawdust. Murderer hid. The watchman came on back toward the rear, and the murderer fled
02:41from his corner into the wood dust bin beside the back door. In that are piles of dust from the
02:46pencil
02:46wood machines upstairs. A chute empties the dust there. The bin is an ideal hiding place. The sawdust
02:53underfoot permits no sound. There the murderer crouched when the watchman discovered the body with its face
02:58up, head toward the back. The watchman, a negro, saw that flight for himself would be a confession of guilt.
03:05To report the find would be to invite unknown trouble. He had to choose. He chose the latter,
03:10but wrote a note, then another, to divert the first fury of discovery from himself.
03:14It would have been easy for the negro to have carried the girl's body out of the back door,
03:18across the alley, and deposited it somewhere else outside in the neighborhood. But he did not do that.
03:24Would he not have done it if he had been guilty? The murderer saw the watchman leave,
03:28and the basement was pitch dark again. He emerged, picked up the body to hide it somewhere else,
03:33or do something with it. Dropped it upon its face, head toward the front, as it was found by the
03:38officers, and escaped by pulling a staple from the rear door, stepping out into the alley,
03:43and becoming lost in the city immediately. There are two psychological factors which govern the whole
03:49case. Two governing factors. It is not probable that an outsider would have been interested enough
03:54in the consequences of Mary's body being found in the factory, to hide it or move it anywhere,
03:59or dispose of it in any way. His sole object would have been to escape with his own hide.
04:05Further, it is not probable that a person unacquainted with the premises would have been
04:08able to penetrate to the cellar in the gloom that prevails there even by day, or to have found his
04:14way to the back door and out. Dr. J. W. Hurt, county physician, says that Mary Fagan could not have
04:20been dead less than six hours when the undertaker received her body if the body then was beginning
04:25to stiffen. The doctor takes into consideration, he says, that Mary did not bleed much, nor at all,
04:31perhaps, except from the wound in the back of her head, that her body was full-blooded, therefore.
04:36He considers, on the other hand, says he, that the night was cold, and the basement was dark and chill.
04:43According to that, Mary Fagan died not later than twelve o'clock last Saturday night,
04:47perhaps earlier. At three o'clock, the night watchman reported that he had just found her.
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