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Night watchman also recalled to stand; inquest expected to go to jury by 7 o'clock

Leo M. Frank, superintendent of the National Pencil Factory, and Newt Lee, the night watchman, were both recalled to the witness stand late Thursday afternoon at the coroner's inquest. Both men are being held in connection with the inquiry into the death of Mary Phagan.

Frank was subjected to a more searching examination of his movements on the day of the tragedy than he had faced during his first appearance on the stand. An apparent effort was made to demonstrate that he was not at home at the times he had stated in his earlier testimony. Frank, however, answered the questions readily, and Coroner Donehoo was unable to catch him in a contradiction.

It also emerged that in his previous testimony Frank had failed to mention several people who were at his home on Saturday night. When pressed on this point Thursday afternoon, he supplied their names without hesitation.

Frank was brought into the Commissioner's Room at the police station before the inquest began but was later excused while Rogers was called. The factory superintendent was pale but calm and composed. He whispered briefly to his counsel, Luther Z. Rosser, and managed a faint smile at a remark directed at him. He appeared to be showing the strain of the days he had spent in a cell.

Newt Lee Preceded Frank on the Stand

Lee's testimony centered on the private conversation he had with Frank following his arrest. He declared that Frank had warned him they would both "go to hell" if they were not careful. The weight of this testimony was largely undercut, however, by Frank's earlier statement that the remark, or one to the same effect, had been suggested to him by detectives in the hope of drawing information out of the night watchman.

Lee was not admitted to the hearing room at the outset but was held in a nearby office. The night watchman appeared nearly indifferent to the proceedings.

Morning Session Not Prolific

The morning session produced nothing of consequence. The principal witnesses were "Boots" Rogers, the former county policeman, and Lemmie Quinn, foreman of the tipping department at the National Pencil Factory. Neither offered testimony that pointed suspicion in any particular direction against Frank or Lee.

Rogers was questioned closely about the morning the crime was discovered and described bringing officers to the scene in his automobile. Beyond his impression that Frank appeared nervous when detectives visited him at home, he had nothing that clearly implicated anyone. He did state with certainty, however, that the time clock tape showing Newt Lee's half hour rounds had no missed punches when Frank removed it from the clock that morning. A tape later brought to police headquarters showed three such misses.

Transcript
00:00Leo Frank is again quizzed by coroner, Atlanta Georgian. Thursday, May 8, 1913. Newt Lee called
00:06to stand for further examination. Coroner will put case in hands of jury by seven o'clock,
00:11it is predicted. Leo M. Frank, superintendent of the National Pencil Factory, and Newt Lee,
00:17night watchman, both of whom are being held in connection with inquiry into the death of Mary
00:21Fagan, were recalled to the witness stand late Thursday afternoon at the inquest.
00:25Frank was given a more searching examination as to movements on the day of the tragedy,
00:30then he underwent his first day on the stand, and an apparent endeavor was made to show that he was
00:35not at home at the times he had stated in his previous testimony. Frank, however, answered the
00:40questions readily, and coroner Donhue was not able to trip him. In Frank's previous testimony he failed
00:46to mention several persons who were at his home when he said he was there Saturday night, but when
00:51he was questioned in regard to this point Thursday afternoon, he gave their names at once. Newt Lee
00:57preceded Frank on the stand. Lee's testimony was in regard to the private conversation he had with
01:03Frank when Lee was first arrested. He declared that Frank had told him that they would both go to hell
01:08if they were not careful. But the effect of this testimony was largely nullified by Frank's earlier
01:14statement that the remark, or a remark to the same effect, was suggested by one of the detectives in the
01:20hope of getting some information from the night watchman. The morning session was not prolific.
01:25Nothing of consequence was developed. Miss Hattie Hall and Herbert Schiff, chief clerk in the pencil
01:31factory, were the first witnesses at the afternoon session. Coroner Donhue called for Lee immediately
01:37after Detective John Black had testified, supplementing the important testimony given by Harry Scott of the
01:43Pinkertons. W.W., Boots Rogers, former county policeman, and Lemmy Quinn, foreman in the tipping
01:49department at the National Pencil Factory, were the principal witnesses this morning. Neither gave
01:55testimony that was materially damaging to either Leo M. Frank or Newt Lee, who are being held in
02:00connection with the crime. Rogers was questioned closely of the events of the morning the crime was
02:05discovered and told of taking the officers to the scene in his automobile. Beyond his belief that Frank
02:11appeared nervous when he was visited at his home by the detectives, Rogers had no information that
02:16appeared to point suspicion in one direction more than another. He was sure, however, that the time
02:21clock tape on which Newt Lee, the night watchman, registered his half-hour rounds of the factory had
02:27no misses when it was taken from the clock by Frank that morning. Three misses were found on a tape
02:32subsequently brought to police headquarters. Quinn's story unchanged. An effort was made without avail to
02:39break down the story of Lemmy Quinn, that he was at the factory, and talked to Frank between 12.10
02:44and 12.20, the Saturday afternoon of the tragedy. Coroner Donhue tried to get Quinn to admit that he
02:50previously had told officers who interviewed him that he was not at the factory between Friday and
02:55the following Sunday. Quinn steadfastly refused to admit that he had made a statement of the sort.
03:00He supported Frank's testimony of last Monday by insisting that he visited the factory for a few
03:05minutes and went into Frank's office. Miss Hattie Hall, the stenographer who was at the factory
03:10office Saturday until noon, was another of the witnesses called to the stand during the forenoon.
03:15She testified as to Frank's movements while she was there. Frank pale, but calm. Frank was brought
03:21into the commissioner's room in the police station before the inquest began, but later was excused and
03:26Rogers called. The factory superintendent was pale, but calm and collected. He whispered a few words to
03:32his counsel, Luther Z. Rosser, and smiled faintly at a remark that was made to him. He appeared to
03:39show the strain of the days since he has been in a cell. Lee was not admitted to the room
03:43at the
03:43beginning of the hearing, but was detained in a nearby office. The night-watchman seemed almost
03:49indifferent. Night edition. The following few paragraphs were added to the above article in
03:54the night edition of the Atlanta Georgian Ed. Fagan inquest is near end, likely to go to jury by 7
04:00p.m.
04:00Witnesses are quizzed in detail, but nothing important brought out. Officials say they are
04:06satisfied with case as it is being developed. Leo Mr. Frank was ready to take the witness stand
04:11in the Fagan case when the coroner continued the afternoon session on Thursday. The morning
04:16session was not prolific. Nothing of consequence was developed. Miss Hattie Hall and Herbert Schiff,
04:23chief clerk in the pencil factory, were the first witnesses at the afternoon session. Newt Lee,
04:28the night-watchman, was to follow Frank on the stand, and officials asserted that Lee would
04:33doubtless begin his concluding testimony by four o'clock. It was expected that not more than six
04:38witnesses would be put up, the authorities declared, and that the inquest would be concluded
04:42before night. The case will probably be placed in the hands of the coroner's jury for a verdict by
04:48seven o'clock. Testimony along a new line will be given. It is understood by Miss Nellie Wood,
04:538 Corporate Street, Miss Nellie Pettis, 9 Oliver Street, and Mrs. Lily Pettis, 9 Oliver Street.
05:00All three young women will assert that Frank sought to treat them in a familiar manner.
05:04Another witness, a young woman, whose name the authorities refused to divulge,
05:09will conclude the testimony. She is sick, it is asserted, but will be present with her physician.
05:14Newt Lee, the Negro night-watchman, took the stand at four ten o'clock. Coroner Donohue called for
05:20Lee immediately after Detective John Black had testified, supplementing the important testimony
05:25given by Harry Scott of the Pinkertons.
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