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Special policeman identifies suspect in jail cell after recalling year-old incident; sealed affidavits said to form core of state's grand jury case; drug rumor surrounds second examination of victim's body

Sunday, May 11th, 1913

The Most Important Evidence Yet

Of all the evidence gathered Saturday in the Mary Phagan investigation, city detectives say the most significant piece concerns the alleged conduct of Superintendent Leo M. Frank in the company of a young girl at Druid Hills Park more than a year ago.

The witness is Robert F. House, a special policeman employed by the Druid Hills Land Company as a park guard. House told detectives he had once ejected a man from the park after obtaining damaging admissions from him, and that upon visiting Frank's cell at the county jail, he identified Frank without hesitation as that same man.

House said the connection came to him after reading newspaper accounts of the Phagan murder. He recalled that the man he had removed from the park stated at the time that he was superintendent of the National Pencil Company. House went at once to the detective department, and was escorted to the jail to make a formal identification.

What House Says He Witnessed

According to House, the incident took place one afternoon shortly after 2 o'clock, more than a year ago. He had noticed the man visiting the park frequently with a young female companion. On this particular occasion he resolved to follow them, trailing the pair into the grounds before stepping suddenly into view.

The man House identified as Frank came forward immediately and appealed to the officer not to reveal the girl's identity or place either of them under arrest. House said the man was profusely grateful when assured that no arrest would be made.

House has since provided a sworn statement detailing the encounter and will be called as a character witness against Frank when the case proceeds.

Sealed Affidavits to Drive the Prosecution

A collection of sealed affidavits, submitted to Solicitor General Hugh M. Dorsey by Chief of Detectives Lanford, is expected to form the backbone of the state's presentation to the grand jury later this week.

Among those affidavits is the signed statement of Monteen Stover, the 14-year-old former factory employee who says she found Frank's office empty at 12:05 on the afternoon of the murder, directly contradicting Frank's own inquest testimony. Also among them is a statement from a witness whose identity police have refused to disclose, described only as a person who was in close proximity to the pencil factory on the afternoon of the tragedy and heard screams coming from within the building.

Dorsey confirmed Sunday that the sealed documents have not been seen by anyone beyond himself and the single private detective he has retained, whom he described as the greatest in America.
Transcript
00:00Caught Frank with Girl in Park, he says, Atlanta, Georgian. Sunday, May 11, 1913. Robert T. House,
00:06a special policeman, gives new evidence to city detectives. In the evidence obtained Saturday in
00:11the Mary Fagan case, one piece that the detectives regard as the most important bore on Frank's
00:16alleged conduct when he was in company with a young girl in Druid Hills Park. The new evidence
00:21came from Robert F. House, a special policeman, who is in the employ of the Druid Hills Land
00:26Company. House declared that he had ejected a man from the park at one time from whom he obtained
00:32damaging admissions. House visited the county jail and was taken to the cell of Frank. He identified
00:38Frank as the man whom he sent from the park. House told the officers that since reading of the Fagan
00:44murder he had recalled that the man he ejected from the park told him that he was superintendent of the
00:49National Pencil Company, came frequently to park. The park guard related that the incident to which
00:55he referred occurred more than a year ago. He said that he had noticed the man come frequently to
01:00the park with the girl. When they appeared one afternoon shortly after two o'clock, he said he
01:05was determined to shadow them. He followed them and then suddenly surprised them by jumping into view.
01:10The man whom House identified as Frank came forward and told the officer that he did not want the girl's
01:15identity to become known and pleaded with House not to have them arrested. House declared that the man
01:21was profusely grateful on his assurance that he would not do so. House has made a sworn statement
01:26in regard to the occurrence and will be used as a character witness against Frank. New testimony
01:31secret. Sealed affidavits, particularly one made by a person whose identity has been kept secret by the
01:36police, are expected to help raise the curtain of mystery which has hitherto enveloped the death of
01:41little Mary Fagan when the case is presented to the grand jury the latter part of this week.
01:46The affidavits were furnished to Solicitor Dorsey by Chief of Detectives Lanford and number among
01:51them that of Monteen Stover and a mysterious person. It is said that the latter was in close
01:56vicinity of the pencil factory on the afternoon of the tragedy and heard the screams of the ill-fated
02:02girl. Solicitor Dorsey yesterday declared that the sealed documents had not seen the light of day
02:07since they were signed by the witnesses and handed to him. The Solicitor intimated, however, that in
02:12these affidavits the state expected to find the chief power for its prosecution of the case before
02:17the grand jury. Great mass of evidence, he says. So far, Mr. Dorsey declared, no one had been taken
02:24into his confidence save one detective whom the Solicitor termed the greatest in America.
02:29The two have accumulated a great mass of evidence, including samples of handwriting of almost everyone
02:35who might have been concerned in the tragedy. Also photographs and other material which might direct
02:41the accusing finger of the law in the right direction. Solicitor Dorsey would not discuss
02:45the finding of the medical expert who made an examination of the slain girl's body upon its
02:50second exhumation. However, great importance is attached to it. Despite the great mass of evidence
02:57already obtained and which the Solicitor is now shaping for its presentation to the grand jury,
03:02Mr. Dorsey declared that the criminal expert still is busily engaged on other phases of the puzzling case,
03:08the greater part of which is expected will be in substantiation of the sealed affidavits contents.
03:13No detail is being overlooked, and when the case goes to trial, Mr. Dorsey said that he expected to
03:19have every link in a finely woven chain of circumstances perfected. Lee's attorney makes
03:24statement. Bernard L. Chappell, attorney for Newt Lee, the Negro suspect, said yesterday that he had
03:30accepted the case only after an investigation of five days that convinced him the Negro had told
03:34nothing but the truth in connection with the murder. He said that if any later developments
03:40pointed to the Negro's guilt, he would not represent him. Chappell was for four years assistant to the
03:45Solicitor General at Birmingham, and said his experience in this connection led him to believe
03:50the Negro innocent. Before accepting the case, he said, he spent hours with Lee daily, in which he
03:56exhausted every means to tangle him in his statements and find some evidence that he was not
04:00telling everything that he knew. Chappell said he was strongly impressed with the Negro, because of
04:05the fact that when theories were advanced to him that would shift the crime, he would not encourage
04:10them, but stuck to his statement practically the same as that given at the coroner's inquest.
04:16Dr. Harris silent on findings. Dr. H. F. Harris, director of the State Board of Health,
04:21refused Saturday night to discuss the report that he had discovered traces of a drug in his analysis of
04:26the contents of Mary Fagan's stomach. The rumor spread Saturday that Dr. Harris had submitted a
04:31formal report to Solicitor Dorsey, in which he disclosed that he had found indications that the
04:36girl was drugged before she was attacked and killed. The rumor is believed to have arisen from
04:41the secret consultation between Dr. Harris and the Solicitor.
04:45I am not at liberty either to confirm or deny the report, said Dr. Harris. Before I undertook the
04:51investigation, I agreed that I would make public nothing of the results of my investigation.
04:55In any event, I would first submit my report to the Solicitor.
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