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Frank and Lee Ordered Held by Coroner's Jury for Mary Phagan Murder
Friday, May 9th, 1913

Sensational statements made at inquest by two women who declared Frank guilty of improper conduct toward female employees; detectives admit all evidence remains circumstantial

Leo M. Frank, superintendent of the National Pencil factory, and Newt Lee, the negro night watchman, have been ordered held under charges of murder for further investigation by the Fulton County grand jury.

The coroner's jury returned its verdict at 6:28 Thursday evening, closing one of the most remarkable inquests ever conducted in this state. Both men will remain in the Tower until the grand jury and solicitor general take action. The jury reached its decision within twenty minutes of retiring to deliberate.

The formal verdict read as follows:

Atlanta, Georgia, May 8th, 1913. We, the coroner's jury, empaneled and sworn by Paul Donehoo, coroner of Fulton County, to inquire into the cause of the death of Mary Phagan, whose dead body now lies before us, after having heard the evidence of sworn witnesses and the statement of Dr. J. W. Hurt, county physician, find that the deceased came to her death from strangulation. We recommend that Leo M. Frank and Newt Lee be held under charges of murder for further investigation by the Fulton County grand jury.

Signed: Homer C. Ashford, Foreman. Dr. J. W. Hurt, County Physician.

Evidence All Circumstantial

Among the most significant testimony of the entire inquest was the admission delivered by the two lead investigators. Detective Harry Scott of the Pinkertons and City Detective John Black both declared under questioning that they had obtained no conclusive evidence or clues in the baffling mystery. Their only progress, each man acknowledged, had been in building a chain of circumstantial evidence.

Scott, called to the stand first, testified that his agency was retained by the National Pencil Company through Frank himself to catch the murderer. He recounted how Frank had described his movements on the day of the murder, including paying Mary Phagan around 12:10 that Saturday, leaving for lunch near 12:50, returning at 3:10, and dismissing Newt Lee at 4 o'clock when plans to attend a ball game fell through.

Scott testified that Herbert Haas, representing himself as attorney for Frank, had come to the Pinkerton office and asked that detectives withhold all gathered evidence from police until Haas had reviewed it. Scott's reply was unambiguous. He and Superintendent Pierce told Haas they would withdraw from the case entirely before agreeing to any such arrangement.
Transcript
00:00frank and lee ordered held by coroner's jury for mary fagan murder atlanta constitution friday may 9th 1913 sensational statements
00:09made at inquest by two women one of whom had been an employee who declared that frank had been guilty
00:14of improper conduct toward his feminine employees
00:17and had made proposals to them in the factory evidence in baffling mystery thus far is circumstantial is admission made
00:25by detectives frank and lee both go on stand again and are closely questioned in regard to new lines of
00:31evidence and forced to reiterate testimony formerly made to coroner's jury they will remain in jail pending action of the
00:37grand jury leo m frank superintendent of the national pencil factory and newt lee the negro night watchman suspects in
00:45the mary fagan murder
00:46were ordered by the coroner's jury to be held under charges of murder for further investigation by the fulton grand
00:52jury with this verdict the inquest closed at 6 28 o'clock yesterday afternoon frank and the negro will be
00:59held in the tower until action is taken by the grand jury and solicitor general the decision was reached within
01:0520 minutes after the jury had retired although much important testimony was delivered at the inquest probably the most significant
01:12was the admission made by detective harry scott
01:15of the pinkertons and detective john black of headquarters both of whom declared an answer to questions that they so
01:21far had obtained no conclusive evidence or clues in the baffling mystery and that their only success had been attained
01:28in the forging of a chain of circumstantial evidence testimony was drawn from a number of women and young girls
01:33who told of alleged undue familiarity of the suspected factory superintendent with them and other female employees of the plant
01:41the boldest statement of this character was made by nelly pettis
01:44a young sister-in-law of mrs lilly may pettis an employee of the factory she declared that on one
01:51occasion four weeks ago when she had gone to frank's office to obtain her sister's pay envelope the superintendent had
01:57made an open proposal and had even intimated the offer of money frank and lee on rack
02:02both the superintendent and the negro suspect were placed on the rack during the afternoon session lee's statement was a
02:09reiteration of his former story he was quizzed on new lines however answering all questions promptly and clearly he preceded
02:16his employer frank was interrogated in regard to new evidence that has been obtained by the sleuths
02:22he was worn and haggard and shows the effect of his imprisonment from nine thirty in the morning at which
02:28hour the inquest was resumed until five o'clock in the afternoon when he was placed on the stand he
02:33sat in the office of chief beavers the object of the gaze of immense crowd of idly curious who thronged
02:39the building coroner's verdict the following is the verdict of the coroner's jury atlanta georgia may 8th 1913
02:46we the coroner's jury empaneled and sworn by paul don who coroner of fulton county to inquire into the cause
02:53of the death of mary fagan whose dead body now lies before us after having heard the evidence of sworn
02:59witnesses and the statement of dr j w hurt county physician find that the deceased came to her death from
03:05strangulation we recommend that leo m frank and newt lee be held under charges of murder for further investigation by
03:12the fulton county grand jury signed
03:14homer c ashford foreman dr j w hurt county physician frank's testimony frank was put on the rack at five
03:23o'clock his examination was much shorter than the one to which he was subjected during the first session what
03:29kind of elevator door is there to the shaft in the pencil factory was the first question sliding doors how
03:35many one on each floor are they latticed or solid solid where was the elevator at twelve o'clock saturday
03:42i did not notice
03:44were the doors open or closed i don't remember what protection would a person have from falling down the shaft
03:50one word illegible the doors were left open a bar which projects across the opening after the crime was committed
03:58where did the elevator stand i only know where it stood sunday morning it then was on the second floor
04:03when you last removed the tape from the time clock what did you do with it handed it to an
04:08officer in the building did you put it on file
04:10no are you sure yes positive do you remember a party at your house on the night of april 26th
04:17yes can you name the guests i don't remember them all when the police came to bring you down to
04:24the factory that sunday morning what was said about whiskey i said i wanted something warm to drink one of
04:30the detectives suggested whiskey what time was it between seven thirty and eight o'clock what did you say about
04:36dreaming
04:36i said to someone that i thought i had dreamed of hearing the telephone ring in the dead of night
04:41when you went to the undertakers did you go in the water closet instead of the room in which the
04:46body lay no did you view the body yes did you recognize the girl yes when did you first hear
04:55her name i don't remember what time did you return home that sunday afternoon i don't recollect
05:01did you telephone your wife before your return yes did not discuss murder was the murder discussed at home that
05:09afternoon not much what topic was discussed i don't remember when did quinn first mention to you his visit to
05:16the factory on the 26th i don't remember what did he say he said don't you recollect that i was
05:23at the factory saturday about noon what did you tell him about withholding that information until your attorney had been
05:28consulted i don't remember
05:30i had so many visitors that i couldn't recollect the exact words who suggested the conference with your attorney relative
05:37to quinn's visit i don't remember how long have you known you had counsel since monday why was it mentioned
05:44that quinn's visit be kept until consultation with your lawyer i don't remember how can you lock the door between
05:51your office and the dressing room where the blood spots were found i have never seen it locked is it
05:56usually open or closed closed
05:58is there any way of closing the doors on the back stairway yes they are locked describe your telephone conversation
06:05with detective starnes at the time you were informed of the tragedy frank was called up he asked me if
06:10i was superintendent of the national pencil factory i'd like to have you come down here at once he said
06:15when i informed him that i was leo frank he said he wanted me to identity a girl and asked
06:20me if i knew mary fagan didn't you say that the first time you had heard her name was while
06:25you were traveling in the auto on the way to the factory sunday morning
06:28i don't recollect that i did did you have any trouble with a girl in your office saturday morning no
06:34there was one incident where a mistake had been made in the pay envelope of maddie smith but it was
06:39corrected without any trouble what time was maddie smith in your office between nine and ten a.m. did anyone
06:47enter while she was there i don't remember give the name of everyone in the office throughout the day saturday
06:52mr darley mr holloway the office boy miss hall the stenographer mr
06:57mr campbell mr fullerton mrs white lemmy quinn mr gantt emma clark another girl employee arthur white harry denham newt
07:05lee and mary fagan did you see may barrett i don't know her what did you say to emma clark
07:11i don't remember saying anything to her he was released from examination of 4 55 o'clock lee on stand
07:18newt lee was put on the stand and for the first time publicly told of the private conversation he held
07:24with frank on the night the latter was arrested and brought to police headquarters
07:28he was put through only a short examination detail your talk with mr frank at headquarters tuesday night a week
07:34ago i was in the room locked up by myself mr frank he came in i says howdy mr frank
07:40how are you feeling it's mighty hard i says for me to have to sit here handcuffed to a chair
07:45for something i didn't do
07:46he said i knew something about the crime i told him i didn't know a thing on earth about it
07:50then he said look here newt if you keep up that same story we're both going to hell
07:55he said it loudly and made a sweep in gesture with his hands i told him that the killing must
08:01have been done in the daytime as all that night i had to pass once every thirty minutes by the
08:05machine where they said the little girl was killed he wouldn't let me talk about it
08:10when you came to work saturday at four o'clock did you say anything about wanting to go to sleep
08:15yes sir when i got to the factory i went to the office door and hollered all right mr frank
08:19i'm here just like i always do
08:21he came to the door and said i could go out on the street and have some fun
08:25i said i had rather sleep because i hadn't been sleeping much of late than have a good time out
08:29on the street
08:30he said go on though and i went was that the first time he ever came to the door to
08:35greet you
08:36yes sir was the street door locked when you entered the building
08:40no sir found inside door locked was the inside door locked the door leading to frank's office and the second
08:47floor
08:47yes sir had it ever been locked before no sir not since i've been working there
08:52how did you get in unlock the door when you arrived was the scuttle hole near the elevator open
08:58i don't know sir it generally always does stay open though
09:02was it light or dark on the second floor dark
09:05did mr frank put on the tape of the time clock at six thirty when you returned from the street
09:10yes sir did he ever do this before only once that's all
09:14how long did it take him to fix the tape a pretty good while
09:18whose shirt is that they found at your house it looks mighty like one i used to have
09:23what size do you wear sixteen whose clothes were in the barrel in which it was found
09:29mine was the shirt ready-made no sir it was made by mrs bowen a white lady who gave it
09:34to me
09:34if it is a ready-made garment then it isn't yours
09:37no sir schiff tells of office work herbert schiff chief clerk of the pencil factory took the stand
09:43what is your capacity with the concern he was questioned
09:47i formerly was a traveling salesman i'm now chief clerk and first assistant to mr frank
09:53are you entirely familiar with his handwriting
09:55the object of the coroner was to ascertain the exact amount of work done by the suspected superintendent
10:01during the day on which the murder is believed to have been committed
10:04yes his business too yes thoroughly
10:08wasn't frank behind with his office work on that particular saturday
10:12what kind of work had accumulated billing orders and the financial sheet
10:16were you at the factory saturday no
10:19how many employees are there attached to the plant
10:21one hundred and fifty or more
10:23at this juncture of his examination schiff was given the same assortment of clerical work
10:28to investigate which had previously been given miss hall he was asked to identify frank's handwriting
10:32he recognized ten requisition sheets which the suspect had handled
10:37how long would it require to adjust these requisitions
10:40an hour and thirty minutes i would say
10:42were you at the factory monday morning at eight o'clock
10:45yes when did you first see these papers monday or tuesday i forget which
10:49how long would you judge that it took frank to complete the work on his books and papers which
10:54you recognize as having been performed by him that day about six or seven hours
10:59did you see him sunday yes at bloomfield's the undertaker
11:04did you speak to him no not at that time
11:07i heard him say to mr darley whom he had accompanied to the undertakers that he was
11:11going to police headquarters
11:13what clothes did he wear i did not notice closely but it looked like a brown suit i'm
11:18not sure did you talk with him at all sunday a little he told me what he had heard of
11:23the
11:24tragedy and of being telephoned at daybreak do you know him well yes i do i've been associated
11:30with him probably more than anyone connected with the plant what is his general manner toward the
11:35girl employees he says very little to them is he naturally nervous yes quite so he gets agitated
11:42over the least little happening frank's conduct discussed the following is tom blackstock's
11:47testimony do you know leo m frank yes how long have you known him about six weeks did you ever
11:54observe his conduct toward female employees of the pencil factory yes i've often seen him picking
11:59on different girls name some i can't exactly recollect names what was the conduct you noticed
12:05particularly the witness answered to the effect that he had seen him place his hands with undue
12:10familiarity upon the person of girls see it often a half dozen times maybe he generally was seen to
12:17become that familiar while he was touring the building can't you name just one girl yes magnolia
12:23kennedy did you see him act with undue familiarity toward her no i heard talk about it before or after
12:29the murder afterwards when did you observe this misconduct of which you have told a year ago did you hear
12:37complaints around the plant no the girls tried to avoid him at 6 28 o'clock when the jury adjourned
12:44the inquest executive session was declared behind locked doors with even the coroner barred the six
12:51jurors heard the statement of dr john w hurt county physician relative to the examination he had made upon
12:57the body he told them of the disclosure that death had been caused by strangulation and minutely described
13:03the cuts and wounds about the chest head and shoulders no reference was made to the examination
13:09he held on the stomach by dr h f harris of the state board of health nor of the analysis
13:15made at the
13:16grave when the body was disinterred wednesday afternoon dr hurt's statement consumed twenty minutes
13:22or more it required half that time for the jury to reach a verdict when it had been delivered coroner
13:28don who made a small speech of thanks commending each man for his efforts during the inquest following
13:34which the six men were paid their regulation fee of dollar one a pathetic feature of the adjournment was
13:40the handshake accorded the jury individually by james w coleman stepfather of the slain girl with tear
13:46dimmed eyes and tremulous hand mr coleman moved among the jurors pressing their hands firmly and murmuring
13:53words of gratitude the final two hours of the inquest were occupied in examining witnesses whose testimony
13:59pertained to the suspected superintendent's alleged misconduct with female employees of the plant
14:04these witnesses were mrs cd donnegan tom blackstock nelly wood and nelly pettis it was the first time such
14:12testimony had been introduced and came as a surprise the statement of the pettis girl was the most
14:17interesting she lives at nine oliver street and is apparently eighteen or nineteen years old
14:22testifies to improper conduct she first was asked if she ever had been employed at the pencil factory
14:27no she answered do you know leo frank i have seen him once or twice when and where did you
14:33see him
14:33in his office at the factory whenever i went to draw my sister-in-law's pay what did he say
14:38to you that
14:39might have been improper on any of these visits he didn't exactly say he made gestures i went to get
14:44sister's pay about four weeks ago and when i went into the office of mr frank i asked for her
14:49he told me i couldn't see her unless i saw him first i told him that i didn't want to
14:53see him
14:54he pulled a box from his desk it had a lot of money in it he looked at it significantly
14:59and then looked
15:00at me when he looked at me he winked as he winked he said how about it i instantly told
15:07him i was a nice
15:07girl here the witness stopped her statement coroner dunahoo asked her sharply didn't you say anything else
15:14yes i did i told him to go to hl and walked out of his office mrs cd donnegan was
15:20next called to the
15:20stand she was connected with the pencil plant for three weeks her capacity was that of four lady
15:26she resides at 165 west 14th street with her husband frank flirted with women her testimony follows
15:33state your observations of frank's conduct toward the girls and women of the plant i have noticed him
15:39smile and wink at the girls in the place that was two years ago did you make a statement to
15:44the
15:44detectives of undue familiarity you had witnessed i told them that i had seen frank flirt with the girls
15:50and women that was all i said the testimony of nelly wood a young girl of eight corporate street came
15:56next in brief it was this do you know leo frank i worked for him two days did you observe
16:03any misconduct
16:03on his part well his actions didn't suit me he'd come around and put his hands on me when such
16:09conduct
16:09was entirely uncalled for is that all he did no he asked me one day to come into his office
16:15saying
16:15that he wanted to talk to me he tried to close the door but i wouldn't let him he got
16:19too familiar by
16:20getting so close to me he also put his hands on me where did he put his hands he barely
16:24touched my
16:25breast he was subtle with his approaches and tried to pretend that he was joking but i was too wary
16:30for
16:30such as that did he try further familiarities yes when did this happen two years ago what did
16:38you tell him when you left his employ i just quit telling him that it didn't suit me detectives on
16:43stand the placing of detective scott and black on the rack created surprise they had been assisting
16:49in the examination of witnesses both were quizzed during the afternoon session scott was first to take
16:55the stand what is your profession assistant superintendent of the atlanta branch of the
17:00pinkerton detective agency why are you investigating the mary fagan case i have been retained by the
17:06national pencil company through leo m frank to catch the murderer of mary fagan when and how were you
17:12retained monday following the discovery of the body i was called over the telephone by mr frank i went to
17:18see him at his office and was employed state what conversation ensued between you frank said i guess you
17:24have read of the horrible crime that has been committed in our factory building we desire to
17:29catch the murderer or murderers and want to employ the pinkerton so as to show the public that we are
17:34interested in the case he also said that john black a detective at police headquarters seemed to suspect
17:40him of the crime he detailed to me his movements on the day of the murder this was his explanation
17:45i was at the office of the plant until 10 a.m when i went to montag's office returning to
17:51the factory
17:51about 10 30 o'clock white and denim two mechanics were in the building and about 12 10 o'clock
17:58mary
17:58fagan came in to draw her pay as she stopped from the office with her envelope she called back to
18:04see
18:04if the tipping metal had arrived about 12 50 o'clock i left for dinner returning at 3 10 at
18:114 o'clock the negro
18:12watchman newt lee appeared he was dismissed because of the rupture in my plans to attend the ball game
18:18at 6 30 the negro returned and i went home for the night scott questioned frank did you ask him
18:24any
18:24questions i asked him but little nothing in fact did he show you over the building yes we inspected
18:30the time clock the elevator machine room in which the girl is supposed to have been killed and the spot
18:35in the basement where the body was found who was with you beside frank a mr darley did frank make
18:41any
18:41suggestions as to how you might proceed with your investigation none whatever did he advance any
18:47theories none have you talked with him since only once and that was while he was being examined at
18:54police headquarters did frank reprimand you for questioning him or protest against the tone of
18:59your questions no did he ask you to stop the investigation no herbert haas asked us to turn over
19:06to him the reports of our progress until further notice i told him we'd first withdraw from the case
19:11scott reports to manager who is getting your daily reports sig montag manager of the pencil factory
19:18are you still in the employ of the pencil factory yes who planned the conference between lee and frank
19:24detective black and i we asked frank to impress upon the negro the importance of telling the truth
19:30what was he told to say to lee what i have just told you what did frank say when the
19:35conference
19:35was finished that he could not get a thing out of the negro what did the negro say that frank
19:41told
19:41him that if he stuck to his original story both would go to hl and that frank had made no
19:46effort
19:46to question him what did frank say regarding the conference that he could get nothing from lee
19:53and that he had made every possible effort to get the truth were you with detective black when lee's
19:58home was searched for the bloody shirt no did you see the shirt in question yes describe it
20:04it was bloody and looked as though it had been recently washed it exhaled a strong odor of blood
20:10had it ever been laundered there was no mark to indicate it did lee ever see it yes he recognized
20:16it but said it had not been worn for two years he could not account for the blood stains scott
20:21refuses
20:22to commit self mr scott have you any direct clue or clues i won't commit myself at present have you
20:28anything
20:28positive only surmises we are only running out a chain of circumstantial evidence is this information
20:35in only your possession no it is also in detective black's detective black was called tell the jury
20:41about the bloody shirt which you found in newt lee's home fred bullard a headquarters detective and i went
20:47to the rear of 40 henry street last thursday a week ago and found it in a trash barrel at
20:51the negro's
20:52home in which part of the barrel was it found in the bottom was the barrel odorous yes it was
20:59strong
20:59with the fumes of refuse did you see the shirt lee wore sunday when he was arrested yes was it
21:05like
21:05the bloody one no it was a woolen garment the bloody one was linen where is the bloody shirt now
21:11it appears
21:12there was a mistake in printing and part of the article is missing ed clue in the fagan case have
21:18you
21:18discovered any positive clue in the fagan case no what did lemmy quinn tell you of his trip to the
21:24pencil factory on the saturday that mary fagan disappeared he told me last tuesday that he was
21:29not at the factory at all on april 26th six witnesses at morning session three hours of the most rigid
21:36questioning of witnesses at yesterday morning session of the coroner's inquest into the death of
21:40mary fagan failed to bring out any new evidence of importance six witnesses boots rogers a former county
21:47policeman lemmy quinn foreman of the pencil factory miss carinthia hall employed at the factory
21:53miss hattie hall a stenographer jl watkins and miss daisy jones were examined by coroner don who
21:59but the testimony differed in no way from what has already been given constitution reporter testifies
22:05rogers told how brit craig the constitution reporter was the first to enter the basement and
22:10see the dead girl's body as it lay face down in the basement of the pencil factory his story of
22:16how
22:16lee told the officers of his discovery of the body was identified with other testimony on this point
22:21after lee had been arrested rogers said that he went in an automobile to the home of miss grace hicks
22:27at 100 mcdonough road an employee at the factory and brought her to the factory to identify the body
22:33of mary fagan he then went for frank who had in the meantime been telephoned to and found him nearly
22:39dressed but nervous rogers said that when the officers arrived at the frank home frank asked whether
22:45there was anything wrong at the factory while at the factory rogers testified frank ran the elevator
22:50and examined the time clock reporting that it was correctly punched his only remark to the arrested
22:56night watchman was too bad rogers told of how he then took frank to the undertaker's shop to see the
23:01girl's body and later took him to police headquarters to be questioned la quinn the foreman under whom mary
23:08fagan worked stated that he had not seen mary fagan since the monday prior to her death when she was
23:13suspended from work on account of a shortage of material he stated that he did not work on the
23:17saturday of the murder but was in the pencil factory to see mr schiff and talked with frank
23:22only a few minutes after the time when frank is supposed to have paid off mary fagan he said he
23:27did not see mary fagan that day quinn accounted minutely for his whereabouts and actions on the
23:32day of the murder had forgotten visit he stated that he had forgotten his visit to the factory on the
23:38day of the murder until the tuesday or wednesday following but when he remembered it he asked frank
23:43one word illegible he had better tell the officers frank he said suggested that he tell his frank's
23:48lawyers about it upon being asked why he had withheld his story of his visit to the factory from the
23:54detectives quinn said that he did not want to be questioned by the detectives and drawn into the case
23:59he was questioned about his visit to the coleman home where mary fagan lived after the murder and was
24:05also questioned as to the treatment received by girls working in the factory miss hattie hall
24:11stenographer for sig montag stated that she was at the factory on saturday morning working for frank
24:16from about 11 o'clock until noon but did not see mary fagan and could throw no light on the
24:21mystery
24:21she told how much and the nature of the work she did for frank on that day she said she
24:27left the
24:27factory at 12 or 2 o'clock the former testimony of jl watkins to the effect that he had seen
24:32mary fagan
24:33on the street between five and six o'clock on the afternoon of the murder was broken down when a
24:38miss
24:38daisy jones told the jury how she had passed where watkins thought he saw miss fagan at the time the
24:43watkins lad designated and that watkins being recalled to the stand admitted his mistake miss corinthia hall
24:50who has been an employee at the pencil factory for three years testified that frank's conduct toward
24:56the girls and his employ was beyond reproach she said that she left the factory at 11 45 on the
25:03morning of the day of the murder did not see mary fagan and had not seen her since the monday
25:08before
25:08when she was laid off from work the theory that mary fagan was slain by a greek who worked in
25:13a nearby
25:14calf has been disproven and is abandoned by the detectives
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