Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Grand Jury Instructed to Probe Deeply

Atlanta Georgian

Monday, May 5^th, 1913

Evidence Secured by Detectives May Not Be Presented at Coroner’s Inquest—Lee and Frank to Testify. Many Other Witnesses Are Ready.

The Phagan inquest began at 2 o’clock Monday afternoon at police headquarters.

There was a great throng of witnesses in attendance.

A large force of police was on hand to keep the crowd of curiosity seekers in order.

Frank and Lee were taken from the Tower to police headquarters in charge of Deputy Sheriff Minor. A small crowd congregated about the jail in anticipation of the transfer and another crowd even larger was in front of headquarters when the two prisoners were brought in.

There was no demonstration, and the brief trip was made without event.

It is said, but without authority, that a great deal of very important evidence has been accumulated, but that it will not be presented at the Coroner’s inquest. Instead, it will go directly into the hands of Solicitor Dorsey, who, as the chief prosecuting officer of Fulton County, is really in charge of the case now, although it has never been the duty of a prosecuting officer to interfere with the functions of the Coroner.

May Hold Both Lee and Frank.

It seems probable that both Frank and Lee will be held for the Grand Jury. The testimony brought out at the Coroner’s inquest will be turned over to Solicitor Dorsey, who will study it carefully and make such further investigations as he may deem necessary, using the detective force of the city for that purpose.

Judge Ellis of the Superior Court on Monday instructed the May Grand Jury to investigate the mystery in a thorough manner. It is not likely, however, that the Grand Jury will take up the case for several days. The matter of presenting evidence on which indictments may be found is in the hands of Solicitor Dorsey. He has charge of the Grand Jury, and it is he who presents the evidence and who frames the indictments, and it may take him several days to strengthen certain links in the chain of evidence, so that when indictments are brought they will be found to be legally correct and will leave no opportunity for the lawyers engaged by the accused to make objections in court.

It is the intention of Solicitor Dorsey to keep secret  all evidence in his possession until the matter has been passed upon by the Grand Jury, indictments found and the case brought to trial.

Frank Maintains His Innocence.

Everything depends upon what transpires at the Coroner’s inquest. Frank’s testimony may make necessary an entirely new deal of the cards. He still maintains his innocence, and Lawyer Rosser, his counsel, declares that there is no evidence by which to connect him with the case.

Coroner Donehoo will hold a conference with Chief of Detectives Lanford and Solicitor Dorsey before the inquest to decide upon the witnesses who will be asked to testify.

In addition to Lee and Frank, the detectives will have on hand persons they have been interrogating since the inquest adjourned last Thursday. Several of these are said to have made disclosures of great importance.

Dorsey’s Action Misconstrued.

There seems to be a misapprehension in the public mind about the attitude of Solicitor Dorsey. Rumors on the streets and gossip in newspapers that he “has taken the Phagan case out of the hands of the police and out of the control of the Coroner” is not true, for the very simple reason that Mr. Dorsey is the chief prosecuting officer of Fulton County, superior to the police, the detectives and the Coroner. He may act with them or independently of them. As Solicitor he is the most important official in the county government, more powerful than the Mayor or the Police Commission.

The Phagan case is in the hands of Mr. Dorsey now, as it has been from the beginning.

The function of the Coroner’s office is simply to gather testimony and evidence that is turned over to the Solicitor for him to act upon.

Statement by Solicitor.

Solicitor Dorsey made this statement:

“Mr. Scott, of the Pinkertons, has given to this office valuable information. The policy of the Pinkertons is to establish the truth. They recognize that this office will receive from them to that end any information they have, but under no circumstances do they expect to get any information we have gathered from other sources.”

The Grand Jury did not take up the Phagan case Monday. After passing on a number of routine matters it adjourned until Friday, but in the meantime will hold itself in readiness to a call from the Solicitor should he deem it necessary.

Mr. Dorsey said he was agreeably satisfied with the progress he had made in the case, and he was developing every clew that was of importance. He has given over his entire time to directing the investigation, he said, and would see anyone to-day except on matters relating to it.

Deputies from his office and private detectives in the county’s employ have made search after search of the building. Many articles that were left there by the police have been brought to his office, and will be kept there until examined. Monday a dirty, grease-soaked broom and the lantern that was in the cellar, were brought to his office. He will have them examined for blood stains and finger prints.

He said that to the best of his knowledge the coroner’s inquest would be resumed Monday afternoon.

Coroner Donehoo said that practically all of the employees of the pencil factory would be at the inquest this afternoon ready to testify if called upon.

With the employees of the paper factory where Mary Phagan worked before she went to the pencil factory the witnesses will total nearly 100.

The detectives say that all of these persons, a large number of whom were on the streets the Saturday afternoon of the tragedy, already have been questioned and that none of them saw Mary Phagan after she is known to have gone to the pencil factory for her money Saturday noon.

Chief Lanford was authority for the statement to-day that probably some of the most important evidence would be disclosed at the inquest, but would reserved and presented before the Grand Jury.

“We are not showing our full hand yet,” said one of the detectives. “We will submit sufficient evidence before the coroner’s jury to warrant holding the two men now in custody, but we do not deem it advisable to tell everything until we present it to the grand jury. Three or four of our most im-

FRANK LIKELY TO TESTIFY AT INQUEST TODAY

(Continued From Page 1.)

portant witnesses will be saved until after the case goes to the Grand Jury.”

Rumor of New Important Witness.

A rumor is in circulation that among the witnesses for whom the detectives have been searching is a young woman who is said to have been with Mary Phagan when Mary went to get her pay envelope Saturday noon at the pencil factory. The identity of the mysterious girl has not been disclosed. The report is that she was overheard to remark that she waited outside the factory while Mary was in getting her envelope and that after she had waited about half an hour a man came out and told her she needn’t wait any longer, as Mary would be detained by some work she had to do.

The detectives immediately started a search for the young woman in the hope that she would be able to give a good description of the man who told her she need wait no longer. Miss Beulah Daniel, daughter of G. T. Daniel, of Mableton, Ga., was in a Marietta store when she overheard the conversation, but little importance was attached to it until she repeated it to her father. He then notified the authorities and the search was taken up.

Bloodstain Tests Kept Secret.

Dr. Claude A. Smith, City Bacteriologist, to whom the shirt found in a barrel at Lee’s home was given for an analysis of the bloodstains, would not make public the result of his investigation this forenoon. Chief Lanford said that he would receive this report later.

Chief Lanford’s secretary, G. C. February, was occupied this forenoon in compiling all of the statements made thus far to the detectives and in making a review of all the clews that had been received and followed to their original source. The compilation will be added to as new developments occur.

Efforts to Trap Lee Fail.

Hoping to catch Newt Lee in some admission that will signify that he has more knowledge of the killing of Mary Phagan than he has been willing to tell, Deputy John Owen, who has been stationed at the jail nights, has kept a very close watch on the prisoner and has questioned him repeatedly.

After talking with Lee for some time last night, Owen posted a man behind the watchman’s cell to learn what he would say to his cellmate, Dewberry, who is waiting to hang for murder.

“They seem to think you know more about the murder than you have told them,” Dewberry was heard to say to Lee.

“I’ve told them everything I know,” was the reply.

“They seem to think you’re trying to protect some man,” Dewberry continued.

“I declare, if I knew who did it, I would tell quick enough and get myself out of this,” Lee said.

 * * *

Atlanta Georgian, May 5th 1913, “Crowds at Phagan Inquest,” Leo Frank case newspaper article series (Original PDF)

Hugh Dorsey, Solicitor General, on left, and Judge W. D. Ellis. The former is hard at work on the Phagan case. The latter has charged the Grand Jury to probe the slaying thoroughly.

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian

Monday, May 5^th, 1913

In the following story will be found the developments in the Phagan case up to the time the inquest was resumed Monday afternoon:

It is said, but without authority, that a great deal of very important evidence has been accumulated, but that it will not be presented at the Coroner’s inquest. Instead, it will go directly into the hands of Solicitor Dorsey, who, as the chief prosecuting officer of Fulton County, is really in charge of the case now, although it has never been the duty of a prosecuting officer to interfere with the functions of the Coroner.

May Hold Both Lee and Frank.

It seems probable that both Frank and Lee will be held for the Grand Jury. The testimony brought out at the Coroner’s inquest will be turned over to Solicitor Dorsey, who will study it carefully and make such further investigations as he may deem necessary, using the detective force of the city for that purpose.

Judge Ellis of the Superior Court on Monday instructed the May Grand Jury to investigate the mystery in a thorough manner. It is not likely, however, that the Grand Jury will take up the case for several days. The matter of presenting evidence on which indictments may be found is in the hands of Solicitor Dorsey. He has charge of the Grand Jury, and it is he who presents the evidence and who frames the indictments, and it may take him several days to strengthen certain links in the change of evidence, so that when indictments are brought they will be found to be legally correct and will leave no opportunity for the lawyers engaged by the accused to make objections in court.

It is the intention of Solicitor Dorsey to keep secret all evidence in his possession until the matter has been passed upon by the Grand Jury, indictments found and the case brought to trial.

Frank Maintains His Innocence.

Everything depends upon what transpires at the Coroner’s inquest. Frank’s testimony may make necessary an entirely new deal of the cards. He still maintains his innocence, and Lawyer Rosser, his counsel, declares that there is no evidence by which to connect him with the case.

Coroner Donehoo will hold a conference with Chief of Detectives Lanford and Solictor Dorsey before the inquest to decide upon the witnesses who will be asked to testify.

In addition to Lee and Frank, the detectives will have on hand persons they have been interrogating since the inquest adjourned last Thursday. Several of these are said to have made disclosures of great importance.

Dorsey’s Action Misconstrued.

There seems to be a misapprehension in the public mind about the attitude of Solicitor Dorsey. Rumors on the streets and gossip in newspapers that he “has taken the Phagan case out of the hands of the police and out of the control of the Coroner” is not true, for the very simple reason that Mr. Dorsey is the chief prosecuting officer of Fulton County, superior to the police, the detectives and the Coroner. He may act with them or independently of them. As Solicitor he is the most important official in the county government, more powerful than the Mayor or the Police Commission.

The Phagan case is in the hands of Mr. Dorsey now, as it has been from the beginning.

The function of the Coroner’s office is simply to gather testimony and evidence that is turned over to the Solicitor for him to act upon.

Statement by Solicitor.

Solicitor Dorsey made this statement:

“Mr. Scott, of the Pinkertons, has given to this office valuable information. The policy of the Pinkertons is to establish the truth. They recognize that this office will receive from them to that end any information they have, but under no circumstances do they expect to get any information we have gathered from other sources.”

The Grand Jury did not take up the Phagan case Monday. After passing on a number of routine matters it adjourned until Friday, but in the meantime will hold itself in readiness to a call from the Solicitor should he deem it necessary [sic].

Mr. Dorsey said he was agreeably satisfied with the progress he had made in the case, and he was developing every clew that was of importance. He has given over his entire time to directing the investigation, he said, and would not see anyone to-day except on matters relating to it.

Deputies from his office and private detectives in the county’s employ have made search after search of the building. Many articles that were left there by the police have been brought to his office, and will be kept there until examined. Monday a dirty, grease-soaked broom and the lantern that was in the cellar, were brought to his office. He will have them examined for blood stains or finger prints.

He said that to the best of his knowledge the coroner’s inquest would be resumed Monday afternoon.

Coroner Donehoo said that practically all of the employees of the pencil factory would be at the inquest this afternoon ready to testify if called upon.

With the employees of the paper factory where Mary Phagan worked before she went to the pencil factory the witnesses will total nearly 100.

The detectives say that all of these persons, a large number of whom were on the streets the Saturday afternoon of the tragedy, already have been questioned and that none of them saw Mary Phagan after she is known to have gone to the pencil factory for her money Saturday noon.

Chief Lanford was authority for the statement to-day that probably some of the most important evidence would not be disclosed at the inquest, but would be reserved and presented before the Grand Jury.

“We are not showing our full hand yet,” said one of the detectives. “We will submit sufficient evidence before the coroner’s jury to warrant holding the two men now in custody, but we do not deem it advisable to tell everything until we present it to the grand jury. Three or four of our most important witnesses will be saved until after the case goes to the Grand Jury.”

Rumor of New Important Witness.

A rumor is in circulation that among the witnesses for whom the detectives have been searching is a young woman who is said to have been with Mary Phagan when Mary went to get her pay envelope Saturday noon at the pencil factory. The identify of the mysterious girl has not been disclosed. The report is that she was overheard to remark that she waited outside the factory while Mary was in getting her envelope, and that after she had waited about half an hour a man came out and told her she needn’t wait any longer, as Mary would be detained by some work she had to do.

The detectives immediately started a search for the young woman in the hope that she would be able to give a good description of the man who told her she need wait no longer. Miss Beulah Daniel, daughter of G. T. Daniel, of Mableton, Ga., was in a Marietta store when she overheard the conversation, but little importance was attached to it until she repeated it to her father. He then notified the authorities and the search was taken up.

Bloodstain Tests Kept Secret.

Dr. Claude A. Smith, City Bacteriologist, to whom the shirt found in a barrel at Lee’s home was given for an analysis of the bloodstains, would not make public the result of his investigation this forenoon. Chief Lanford said that he would receive the report later.

Chief Lanford’s secretary, G. C. February, was occupied this forenoon in compiling all of the statements made thus far to the detectives and in making a review of all the clews that had been received and followed to their original source. The compilation will be added to as new developments occur.

Efforts to Trap Lee Fail.

Hoping to catch Newt Lee in some admission that will signify that he has more knowledge of the killing of Mary Phagan than he has been willing to tell, Deputy John Owen, who has been stationed at the jail nights, has kept a very close watch on the prisoner and has questioned him repeatedly.

After talking with Lee for some time last night, Owen posted a man behind the watchman’s cell to learn what he would say to his cellmate, Dewberry, who is waiting to hang for murder.

“They seem to think you know more about the murder than you have told them,” Dewberry was heard to say to Lee.

“I’ve told them everything I know,” was the reply.

“They seem to think you’re trying to protect some man,” Dewberry continued.

“I declare, if I knew who did it, I would tell quick enough and get myself out of this,” Lee said.

* * *

Atlanta Georgian, May 5th 1913, “Coroner’s Jury Likely to Hold Both Prisoners,” Leo Frank case newspaper article series (Original PDF)

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Journal

Sunday May 4^th, 1913

[The top part of this article is cut off including the headline and the sub-headings – Ed.]

A 17-year-old miss, [several words illegible] blonde and who weighs about [several words illegible] 140 pounds, and who was in [several words illegible] in Marietta last Wednesday afternoon wearing a dark red dress and a [1 word illegible] leghorn hat, may furnish the vital clue in the mystery of the murder of Mary Phagan.

Who is she?

Where does she live?

Is it true that she was the last friend of Mary Phagan’s to see the murdered girl alive on Saturday afternoon, April 26?

She alone can answer. It is but a matter of hours until her identity is revealed.

If she knows what she is said to know, she can tell the officers of the law something that they are very anxious to learn.

Last Wednesday afternoon Miss Beulah Daniel, daughter of G. T. Daniel, of Mableton, Ga., was in a store in Marietta, making some purchases. She is quoted as saying that near her stood two girls, who also were making some purchases and who were talking as they looked over the goods offered to them. One of them was the girl already described above. Miss Daniel furnishes that description. She does not describe the girl’s companion. They were discussing the murder of Mary Phagan in the National Pencil factory in Atlanta.

WAITED AT FACTORY DOOR.

The girl in the red dress related in Miss Daniel’s hearing. It is said, a story that may prove the missing link of evidence that the detectives are seeking in their efforts to solve the mystery.

She said that she went to the pencil factory with Mary Phagan last Saturday afternoon when Mary called there to get her pay; that she waited at the street door of the factory; that half an hour passed without Mary returning, and she was beginning to grow impatient, when a man came to the door and told her she needn’t wait any longer, for Mary had some work to do.

If the report is true, and the girl in the red dress did say what she is quoted here as saying, she can probably describe the man who came to the door of the pencil factory and told her that she needn’t wait.

There may be the vital clue.

Here is how the trail of the clue was lost:

Miss Daniel, it is said, did not realize the import of what she had overheard. She returned to her home in Mableton later in the afternoon and repeated to her father what she had heard.

“That’s exactly the evidence the police are looking,” her father is said to have exclaimed. “Here is The Journal, this afternoon, asking the world ‘Who saw Mary Phagan last?’ We’ve got to find that girl!”

But their search, determined and interested though it was, resulted fruitlessly—except for one slight lead to further information. Someone in the store had heard the girl in the red dress say she was going to catch the next car — leaving Marietta about 3 o’clock. No one in the store who had seen them knew her or her companion.

Atlanta detectives were informed, and it is known that they were at work upon the clue Friday and Saturday morning in Marietta. Their efforts were in vain, however—but they spread a net of inquiry which today is reaching out to cover the entire territory between Marietta and Atlanta—all to locate the girl who wore the red dress.

Somewhere in that 19-mile stretch of country, or perhaps within the 24 square miles of Atlanta’s own area, she will be found.

If she, or anyone who knows her and can tell where she is to be found, reads this, let her or the acquaintance do one of two things—call The Journal by telephone, or call the chief of detectives in Atlanta. On Sunday The Journal’s representatives can be reached at Ivy 1917-J. On week days the number is Main 2000. The chief of detectives number is Main 24.

CORONER RESUMES PROBE.

The coroner’s jury probing the mystery of the murder of Mary Phagan, whose mutilated body was found in the basement of the National Pencil company’s factory, last Sunday morning, will resume its inquest at police headquarters tomorrow afternoon at 2 o’clock.

Nearly 200 witnesses, many of whom are girl employees of the pencil company, have been subpoenaed and in addition to these it is expected that Newt Lee, the negro night watchman, and Leo M. Frank, superintendent of the factory, who are now in the Fulton tower, will take the stand.

Solicitor General Hugh M. Dorsey, who is carrying on a special investigation of the mystery, and E. A. Stephens, assistant solicitor general, had a conference yesterday afternoon, with Coroner Paul Donehoo, Chief of Detectives Newport A. Lanford, and Chief of police James L. Beavers. The conference lasted from 3 o’clock in the afternoon until nearly 7 o’clock. The two chiefs and the coroner went over all the details of the evidence secured so far with the solicitor general and his assistant.

WATCHMAN TO TESTIFY.

It is expected that the first witness who will take the stand when the inquest is resumed tomorrow afternoon will be Newt Lee, the negro night watchman, who was one of the chief witnesses when the inquest was begun Wednesday. It is expected that Lee will give some testimony as to a conversation he is alleged to have had with L. M. Frank at police headquarters Wednesday night.

It is also expected that Mr. Frank will be called to the stand or that the stenographic statement he made soon after his arrest will be introduced as evidence.

It is understood that the coroner’s jury will try to draw from the employees of the pencil factory evidence as to past relations between certain officials of the company and the employees.

Dr. J. W. Hurt, county physician who examined the body of the Phagan child, will be a witness.

THEY DIDN’T SEE GIRL.

J. L. Watkins, who testified on Wednesday that he saw Mary Phagan Saturday afternoon before the murder, will be recalled to say that he had mistaken Miss Daisy Jones for the Phagan child. E. L. Sentell, who testified that he saw Mary Phagan about midnight Saturday, will again take the stand to say that he has found he was mistaken.

Rumors were current last night that detectives have discovered attempts to influence the testimony of witnesses but none of these has been verified.

MORE ARRESTS IMPROBABLE.

It was stated at police headquarters last night that as far as could be seen at present, no further arrests in the case are contemplated.

In all probability startling evidence will be brought out when the inquest is resumed, but detectives have given no intimation as to what this will be.

A big corps of detectives have been working unceasingly on the case since the inquest was postponed from Thursday afternoon until Monday, and with the aid of the solicitor general it is suspected that by tomorrow several new phases will be brought out.

The new Fulton country grand jury will be empanelled tomorrow and it is probable that, in event the coroner’s probe is finished Monday night, the cases will be taken up by the jury Tuesday.

* * *

Atlanta Journal, May 4th 1913, “Girl in Red Dress May Furnish Clue to Phagan Mystery,” Leo Frank case newspaper article series (Original PDF)