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Special policeman volunteers damaging testimony after recognizing suspect in jail tower; Pinkerton force expanded as solicitor denies knowledge of screams affidavit

Sunday, May 11th, 1913

A Volunteer Witness Comes Forward

A special policeman named Robert P. House has come forward with testimony that investigators say could be used to damage the character of Leo M. Frank, the superintendent of the National Pencil Factory and the principal suspect in the murder of Mary Phagan.

House, employed by the Druid Hills Land Company as a private officer on their property, told Atlanta detectives that more than a year ago he apprehended Frank and a young girl together in a secluded area of Druid Hills Park, and that Frank admitted on the spot that the two had come to the woods for immoral purposes.

House volunteered the information himself. When he first read accounts of the Phagan murder in the newspapers, the incident came back to him. Recalling that the man had identified himself at the time as superintendent of the National Pencil Factory, House went directly to the detective department. An officer then escorted him to Frank's cell in the Tower to make an identification. House emerged from the jail and stated without hesitation that Frank was the man he had found in the park.

Frank gave no sign of recognition during the visit, and neither man spoke. The detectives had arranged it so that the purpose of House's visit to the jail would not be apparent to the prisoner.

What the Policeman Says He Saw

House says the incident took place on a summer afternoon sometime after 2 o'clock, more than a year ago. He had observed Frank entering the park on several prior occasions with a young female companion, and on this particular afternoon decided to follow him.

As Frank and the girl stepped off the Ponce de Leon to Druid Hills trolley at the end of the line, House trailed them on foot into a swampy stretch of woodland well off the main roadway. The girl appeared young, he said, and wore a dress that fell slightly above her shoe tops. The two entered a spot hidden from view by trees and thick shrubbery.

House watched for several minutes before stepping into the open. At that point, he says, Frank jumped to his feet and moved quickly toward the policeman before House could get a clear look at the girl.

According to House, Frank said: "I don't want you to see the girl. I admit that we came here for immoral purpose. Please don't make a case against us or arrest us. It would disgrace us both. We will leave instantly."

House told him no arrest would be made but ordered both of them out of the park. Frank, he said, was profusely grateful. House watched the two walk away over a hill in the direction of the Clifton car line back to the city. He says he never got a clear look at the girl's face and would not be able to identify her.
Transcript
00:00Officer swears he found Frank with Young Girl, Atlanta Constitution, Sunday, May 11, 1913.
00:06Robert House, now a special policeman, tells the Atlanta detectives of an incident of over a year
00:11ago. Sees Frank in tower and recognizes him. Three more Pinkertons are put on the Fagan case
00:17under the supervision of Harry Scott. Detectives have procured in Robert P. House, a special
00:23policeman, a witness who has testified that he once apprehended Leo M. Frank, the suspect in the
00:29Mary Fagan mystery, and a young girl in a desolate spot of the woods in Druid Hills Park. The policeman
00:35declares he obtained admission from Frank that he and his companion had come to the woods for
00:39immoral purpose. House is a special officer in the employ of the Druid Hills Land Company. Several
00:46days ago he went to the tower in which the suspected superintendent was imprisoned to identify him.
00:52When he emerged from the jail, he declared he recognized the prisoner as the man he apprehended
00:57in Druid Hills. Volunteers, his testimony. He volunteered his testimony. Upon first reading
01:04of the Fagan murder, he recalled the incident in the woods. Recollecting that the man had told that
01:09he was superintendent of the National Pencil Factory, he says he went immediately to the detective
01:14department, and an officer escorted him to Frank's cell in the tower. The policeman says the incident
01:20occurred a year or more ago, sometime after two o'clock one summer afternoon. He declares he had seen
01:26Frank enter the park frequently with a girl, and on that particular occasion decided to shadow him.
01:32As the superintendent and his girl companion stepped from the Ponce de Leon to Druid Hills
01:37trolley car at the end of the line, House says he followed them to a swampy section of the woodland
01:43considerable distance from the roadway. House asserts that the girl was apparently young,
01:48and wore a dress slightly above her shoe-tops. Frank and she, he says, entered a spot concealed
01:54from view by trees and shrubbery. House declares he watched them several minutes, then stepped into
01:59sight. Frank, he states, jumped up and came forward before the policeman could reach the girl.
02:05House quotes him as having said, I don't want you to see the girl. I admit that we came here
02:10for
02:10immoral purpose. Please don't make a case against us or arrest us. It would disgrace us both. We will
02:16leave instantly. Both leave the park. The policeman says that he assured him that no case or arrest would
02:22be made, but ordered both the man and girl to leave the park. Frank, he avers, was profusely
02:28grateful. House states further that he watched Frank and the girl leave the woodland and disappear
02:33over the hill as though they were going to catch the Clifton car for town. He did not see the
02:38girl's
02:38features clearly, he says, and would not be able to recognize her. He was a county policeman for five
02:44years. For the two past years, he has been employed with the Druid Hills Land Company and lives on their
02:51property in Druid Hills. He says that Frank showed no sign of recognition when he went into the tower
02:56to identify the prisoner, and that neither spoke, as it was the intention of the detectives for his
03:01mission in the jail not to be known. House is married and has seven children. He has declared
03:07his willingness to testify before any jury or court at any time and already has made a signed statement
03:13of the incident. The detectives say they will introduce House as a character witness against Frank,
03:18all evidence known. Pinkerton officials asserted Saturday that the public through the newspapers
03:24has been put in possession of all the essential evidence which has been unearthed in the baffling
03:29mystery. They declare satisfaction over the progress made, but are continuing the investigation
03:34with the same energy as heretofore. Newt Lee, the Negro suspect, has employed counsel in Bernard L.
03:41Chapelier of 609 Temple Court Building. He declared to Deputy Sheriff Plenty Minor Saturday that in the
03:48future he would speak with no one relative to his case unless his attorney was first consulted.
03:54Chief Landford told newspaper reporters last night that he believed that the world's most famous
03:59detective whom Solicitor Dorsey declares he has employed is none other but an efficient attach to
04:05the Solicitor's staff. Good men on staff.
04:08He has some mighty good men connected with this office, said the chief, and I see no need why he
04:14should
04:14employ any world beater detective to assist him. I don't think he has.
04:18Mr. Dorsey would not talk of the new officer he has heralded as the nation's best. He would not
04:23even divulge his residence. Nothing, he said, except he's the best in the country. There were few
04:29developments Saturday. The Solicitor and his men were busy throughout the day examining witnesses in
04:34his office in the thrower building. Probably 300 or more witnesses will be summoned in the entire
04:40investigation. Among those questions Saturday was J.M. Gant, who was arrested early last week as a
04:46suspect. Affidavit is denied. The existence of an affidavit from a mysterious woman, to the effect
04:52that she passed the National Pencil Factory on the Saturday afternoon before Mary Fagan was found
04:57murdered and heard a woman's screams coming from the building, is practically denied by Solicitor General
05:03Hugh M. Dorsey. If Chief Lanford has such an affidavit, I have not seen it, he replied, when
05:08asked as to the authenticity of the report that detectives have secured such a sworn statement
05:13from a woman whose name they refuse to divulge. I have a number of affidavits made out and delivered
05:19to me by the detective force, and I have not had time to read all of them, but if this
05:23particular
05:24affidavit is among them, I am not aware of it. Solicitor Dorsey further declares that neither he nor his
05:30special detective, whom he has employed to work on the case, and whom he declares to be among the
05:35best in the country, had turned up any new evidence on Saturday. There is nothing that I can divulge
05:40at present, and to tell the truth, he declared, there have been no new clues secured within the
05:45past 24 hours. Doesn't want delay. We are now working upon the case, and before I present it to
05:51the grand jury, I want to have the tangled ends caught up and have it in such shape that there
05:55will be no
05:56delay on their part. In other words, I want to have the evidence so arranged that the grand jury
06:01will not be delayed in securing evidence that I should have several words illegible when I put the
06:05case before them. Several words illegible, the Fagan mystery, several words illegible before the grand
06:11jury, the solicitor declared that he had no several words illegible, his interrogator. Things are in such
06:16a shape now, he stated, that I cannot say just when the grand jury will take the matter up.
06:21The solicitor held two conferences on Saturday. In the early part of the days, he and Dr. H. F. Harris,
06:28of the State Board of Health, were closeted for nearly an hour. If anything that might tend to
06:33clarify the situation was brought out at their conference, the solicitor refused to divulge it,
06:38and neither he nor Dr. Harris would do more than acknowledge what was already known, namely that
06:43they had held a conference. Late Saturday afternoon, Mrs. Arthur White came to the solicitor's office for a
06:49talk, and this also he covered with the same air of mystery that he has thrown around the State's
06:54attempt to find the murderer of the Fagan girl, since he gave over the duties of his office to
06:59the affair over a week ago, five Pinkertons on case. The forces of the Pinkerton men investigating
07:05the Fagan case were strengthened Saturday with the addition of three more men. This makes a total of
07:10five, all of whom are under command of Assistant Superintendent Harry Scott, formerly in charge of
07:16the Philadelphia Pinkerton branch. There are probably more detectives at work on the mystery
07:21of Mary Fagan's murder than have ever investigated a case in the annals of Southern crime. Private
07:27sleuths, men from police headquarters the entire staff attaches to the solicitor's office, the Pinkertons,
07:33amateur detectives, and others. Chief Lanford has said that his men have traveled approximately
07:381,800 miles since the body of the murdered girl was discovered two weeks ago. Their main energy has been
07:45expended in running down the countless rumors with which headquarters was flooded. More territory has
07:50been covered in investigating the Fagan mystery than has been covered in any three cases with which
07:54the Atlanta police have heretofore been confronted.
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