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An unexpected turn came to the coroner's inquest Thursday afternoon when Harry Scott, assistant superintendent of the Atlanta Pinkerton agency, was called to the stand. Scott had been present in the room when the coroner summoned him, and his testimony proved among the most revealing of the entire proceeding.

Scott testified that he lives at 52 Cherry Street and that his agency was retained by the National Pencil Company to locate the party responsible for the murder of Mary Phagan. The engagement began Monday afternoon, April 28th, when around 4 o'clock he received a telephone call from Leo M. Frank. He went to the factory and found a group of men gathered around the time clock. After introducing himself, Scott asked to speak privately with whoever was most directly involved in the matter. He, Frank, and one or two others withdrew to a private office, where Frank telephoned Sig Montag, the company treasurer, to authorize hiring the detectives.

Asked how Frank had broached the subject, Scott recalled the superintendent's words: "I guess you've read of the horrible murder committed? We feel that the company ought to make some investigation to show the public we are interested in clearing up the crime. We want the Pinkertons to locate the murderer."

Frank's Account That First Day

Frank then described his movements on Saturday, April 26th, the day of the murder. Scott quoted him from memory, the same account Frank has since elaborated on the stand himself. Frank said he left the factory around 6:15 that Saturday evening. As he went out the front door, he saw Lee sitting on a packing box outside, talking with Gantt, a former bookkeeper at the factory. Frank later telephoned the night watchman, failed to reach him the first time, then succeeded on a second attempt and was told everything was all right. After that, Frank told Scott, he prepared to go to bed around 9 o'clock.

Scott said he asked Frank very few questions during that first meeting, taking notes as Frank talked. The two then went through the building together, accompanied by Darley, examining the elevator, the time clock, and the machine room, where Frank pointed out a machine on which human hair had reportedly been found that morning, as well as what appeared to be bloodstains on the floor. They also went down to the basement, where Scott saw the trash pile where Mary Phagan's hat and shoe had been found, the spot where her body had lain, and the rear door from which a staple and lock had been wrenched free.

Frank, Scott noted, advanced no theory about the crime and offered no suggestions of his own.

Attorney's Request Refused

Scott then disclosed what he called one of the more striking developments in the case.
Transcript
00:00Detective Harry Scott's testimony as given before coroner's jury. The Atlanta Journal. Friday,
00:05May 9th, 1913, page 6, column 1. An unexpected turn was given to the coroner's inquest into
00:12the mysterious murder of Mary Fagan Thursday afternoon when Harry Scott, the Pinkerton
00:17detective who has been representing that agency in its work on the case, was called to the stand
00:22by the coroner. Mr. Scott was in the room at the moment. One new detail that he revealed was in
00:27a
00:27reply to a direct question from the coroner when he stated that Herbert Haas, attorney for Leo M.
00:33Frank and attorney for the National Pencil Factory, requested him and superintendent of the Pinkerton
00:39Agency in Atlanta to withheld from the police all evidence they gathered until he, Mr. Haas,
00:45would consider it. Their reply, said Mr. Scott, was that they would withdraw from the case before
00:50they would do that. He proceeded to say that he and his firm still are retained by the pencil company.
00:55Mr. Scott was called to the stand when Assistant Superintendent Schiff of the pencil factory left
01:01it. He is Assistant Superintendent of the Atlanta Agency of the Pinkerton Detective Service, he said.
01:06He lives at 52 Cherry Street. The agency was retained in the case by the National Pencil Company
01:12to locate the party responsible for the murder of Mary Fagan. The engagement was made Monday afternoon,
01:19April 28th, when about four o'clock he received a phone call from Leo M. Frank,
01:24superintendent of the factory, and in response to it he, Scott, went to the factory to see Mr. Frank.
01:31There, said he, he found a group of men whom he afterward identified as Frank, Mr. Darley,
01:37and others, standing around the time clock talking. He introduced himself and said he wanted to see
01:42privately whoever was particularly interested in the case. He and Mr. Frank and one or two others went
01:48into a private office, and Mr. Frank called Sig Montag, treasurer of the company, over the telephone
01:54to get authority to employ the detectives. Asked how Mr. Frank broached the subject to him, Mr. Scott
01:59said the factory superintendent remarked, I guess you've read of the horrible murder committed?
02:04We feel that the company ought to make some investigation to show the public we are interested
02:09in clearing up the crime. We want the Pinkertons to locate the murderer. Mr. Frank then told him
02:15all he, Mr. Frank, seemed to know about the matter, said the detective. Mr. Frank said that he had been
02:20down at police barracks a short while before, and that Detective Black seemed to suspect him of the
02:25crime, quoted Frank in detail. Mr. Frank detailed his movements on that particular Saturday, said the
02:31detectives. The witness quoted as he remembered the relation, giving the same story that since has been
02:37elaborated by Mr. Frank himself and others on the stand. Mr. Scott said that the superintendent said
02:43he left the factory about 6.15 on the afternoon of Saturday, April 26th. As he went out of the
02:49front
02:49door, he said, he saw Lee sitting on a packing box outside talking with Gant, formerly a bookkeeper in
02:55the factory. Then he went on to relate the matter, as it is already generally accepted, about leaving
03:00Gant there and telephoning to the night watchman later after failing to get him once over the telephone.
03:06After getting the watchman over the telephone and learning that everything was all right, Mr.
03:10Scott said, Mr. Frank told him he, Mr. Frank, prepared to go to bed about 9 o'clock.
03:16He asked Mr. Frank very few questions, said the detective. He took notes of what was told to him.
03:21He went over the building with Mr. Frank then, looking at the elevator, the time clock, the machine room,
03:28where Frank pointed out to him a machine on which human hair was said to have been found that morning,
03:32and pointed out also what were believed to be bloodstains on the floor.
03:37Mr. Darley accompanied them. He went into the basement with his escort, said the detective,
03:42and saw the trash pile where the hat and shoe had been found, also the spot where the body had
03:47been found,
03:48and the staple that had been pulled with the lock from the back door.
03:52Offers no theory.
03:53Mr. Frank advanced no theory about the crime, said the detective, and offered no suggestions.
03:58He talked to him the night afterward at police headquarters in the presence of Detective Black,
04:03but he didn't ask the pencil superintendent for a statement because he understood the police had one already.
04:08He denied that Mr. Frank had reprimanded him for too much zeal, or had remonstrated with him for trailing him.
04:14Mr. Frank refused attorney's request.
04:17The detective answered a direct question, however, by saying that Herbert Haas,
04:21representing himself to be an attorney for Mr. Frank,
04:24did call at the Pinkerton office, and there, to Superintendent Pierce and Mr. Scott,
04:29made the request that the detectives withhold from the police all information which they gathered
04:34until he, Mr. Haas, had considered it.
04:37They told him they would withdraw from the case first, said Mr. Scott.
04:41Who gets copies of your reports? he was asked by the coroner.
04:45I think Mr. Sigmontag gets copies of all reports we make, said the witness.
04:50He added, replying to questions, that his agency still is employed by the pencil company
04:54to fix the responsibility for this murder.
04:57Do you know anything about the conversation Mr. Frank and the Negro Newt Lee had along together at headquarters?
05:03The detective replied that City Detective Black and he suggested to Mr. Frank
05:07that he employ this method for drawing from the Negro all the information he could,
05:12and Frank agreed, and went into the room with Lee.
05:15He did not know what passed between them, said the detective,
05:19except what he learned from the Negro's relation of what was said.
05:22Didn't try to get truth.
05:24Mr. Scott said that Newt Lee told him Mr. Frank did not try to get the truth out of him,
05:28Lee, during their talk at the police station,
05:31that Lee said he accused Mr. Frank of knowing something,
05:34and that Mr. Frank only hung his head and later told him if he, Lee,
05:38didn't stick to his story they would both go to hell,
05:40that Lee said he told Mr. Frank the crime must have been committed in the daytime,
05:44and Mr. Frank again only hung his head.
05:47Mr. Scott said that Lee then said he had started to describe to Mr. Frank how he had found the
05:51body,
05:52and that Mr. Frank said let's don't talk about that anymore,
05:55before he had finished.
05:57Mr. Scott said that Mr. Frank had told him after the conversation with Lee that he couldn't get
06:02anything out of the Negro.
06:03The witness said that Mr. Frank reported that he had asked Lee why there was a break in the time
06:08slip,
06:08and that Lee said he had punched it.
06:11Mr. Scott said that he did not find the bloody shirt at Newt Lee's home,
06:14that it was found by Detective Black and Detective Bullard.
06:17The witness said that he looked at the shirt,
06:19and that it seemed to him it had not been worn,
06:22and that the blood was fresh.
06:24He said that Lee, when shown the shirt, said,
06:27that's my shirt,
06:28and later qualified his statement by saying that it might be his shirt,
06:32that he hadn't worn it in two years.
06:34Have you any definite information which makes you suspect any party of this crime?
06:38The coroner asked Detective Scott.
06:40Wouldn't commit himself?
06:42I wouldn't commit myself, replied the detective,
06:45who continued that his investigation was not complete,
06:48and that he was working on a chain of circumstances.
06:50Is this chain of circumstances known to yourself alone?
06:53He was asked.
06:55No, replied Mr. Scott.
06:57Detective Black has been with me all the time on the case.
06:59Mr. Scott was then excused.
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