Monday, 5th May 1913, Coroner’s Inquest Resumed 2:30 p.m., Leo Frank Will Testify

Monday, May 5th, 1913

Factory Superintendent Was Expected to Be the Chief Witness, Though 200 Others Had Been Subpoenaed

NEW GRAND JURY URGED TO PROMPT INVESTIGATION

A Thousand Violations of Law Against Vice Do Not Equal Crime of Mary Phagan's Murder, Says Judge Ellis

The jury empanelled a week ago by Coroner Paul Donehoo resumed its probe into the mystery of the murder of little Mary Phagan on Monday afternoon shortly after 2:30 o'clock.

Although police headquarters was crowded by nearly 200 witnesses, mostly employees at the National Pencil factory, where Mary Phagan met her death, it was said at the opening of the session that only a few witnesses would be called upon to testify.

The coroner, the chief of detectives and the solicitor general held a short conference just before the inquest was resumed.

It is said that the conference was held in order that the officials might reach a decision as to just what witnesses it will be necessary to bring before the inquest. It is said to be the desire of Solicitor Dorsey that the inquest may proceed without disclosing any more of the "state's hand' than is absolutely necessary.

L. M. Frank, superintendent of the factory, who is held in connection with the case, was expected to be among the first witnesses examined by the coroner's jury. It was also considered probable that Newt Lee, the negro watchman, who is also under arrest in the case, would be recalled to the stand in order that the jury might ask him addition questions.

There was a possibility, however, of Mr. Frank being the only witness.

Luther Z. Rosser, attorney for Mr. Frank, said he would make no objection to Mr. Frank appearing before the coroner's jury and answering any questions that the jurors might wish to ask.

Should the inquest be concluded Tuesday afternoon, it is highly probable that the grand jury, which was empaneled Monday morning, will take up the Phagan case Tuesday, although no definite announcement has been made by the officials.

The detectives are said to have located another important witness, a woman who is said to have seen Mary Phagan at the factory last Saturday. It is said to be improbable, however, that this witness will be called Monday, and the officials are anxious to keep her identity a secret.

In his charge to the new grand jury, Judge W. D. Ellis, of the superior court, Monday morning called upon the jury to make an immediate and searching investigation of Mary Phagan's murder. He declared that a thousand violations of the law against vice would not equal in crime the mistreatment and death of this fourteen-year-old child, and that the case demanded the prompt attention of the grand jury.

Judge Ellis' reference to the Phagan case, taken verbatim from his charge to the jury, was: "The Mary Phagan case calls for your immediate and vigorous attention.