The Leo Frank Trial: Week One

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Originally published by the American Mercury on the 100th anniversary of the Leo Frank trial.

100 years ago today the trial of the 20th century ended its first week, shedding brilliant light on the greatest murder mystery of all time: the murder of Mary Phagan. And you are there.

by Bradford L. Huie

THE MOST IMPORTANT testimony in the first week of the trial of National Pencil Company superintendent Leo Frank for the murder of Mary Phagan was that of the night watchman, Newt Lee (pictured, right, in custody), who had discovered 13-year-old Mary’s body in the basement of the pencil factory during his nightly rounds in the early morning darkness of April 27, 1913. Here at the Mercury we are following the events of this history-making trial as they unfolded exactly 100 years ago. We are fortunate indeed that Lee’s entire testimony has survived as part of the Leo Frank Trial Brief of Evidence, certified as accurate by both the defense and the prosecution during the appeal process. (For background on this case, read our introductory article and my exclusive summary of the evidence against Frank.) Continue Reading →

Leo M. Frank is Indicted by Grand Jury for Mary Phagan’s Death; Negro, Newt Lee Held

Solemn Frank

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

Atlanta Journal

Saturday, May 24th, 1913

True Bills Against Pencil Factory Superintendent Returned Less Than Ten Minutes After Evidence Was Closed, at Noon, Saturday — Authority Quoted That He Will Be Tried During Third Week in June—Negro to Stay in Jail

SOLICITOR DORSEY DID NOT ASK JURY TO ACT ON BILL PENDING AGAINST NIGHT-WATCHMAN

Grand Jury’s Session Began Friday Morning — Many Witnesses Examined, but Not All That Solicitor Has Were Introduced Into Grand Jury Room—Charge Is That Frank Killed Mary Phagan by Choking Her With a Cord That He Tied

Leo M. Frank [pictured], superintendent of the National Pencil factory in the basement of which the slain body of Mary Phagan was found in the early morning of Sunday, April 27, stands formally charged with her death.

A grand jury indictment, a true bill charging that he killed Mary Phagan, was returned by the Fulton county grand jurors at 12:23 Saturday afternoon.

Less than ten minutes earlier, the jury had gone into executive session and Solicitor Dorsey, who had been conducting the examination of witnesses, had left the room. In the interval, the jury reached its verdict, and each of the jurors signed his name to the formal document upon which Frank will be arraigned on the charge of murder.

NO ACTION AGAINST NEWT LEE.

No action was taken with regard to the negro night watchman, Newt Lee, held by the coroner on a “suspicion” warrant for the grand jury.

Mr. Dorsey stated afterward that he had not asked the grand jury to take action with regard to Lee. It is probable, seemingly, that the grand jury will not return a “true” or “no” bill in Lee’s case until after the trial of Superintendent Frank. Continue Reading →

Public Now Knows All Facts in Murder Case, Say Detectives

Public Now Knows All Facts in Murder Case, Say Detectives

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

Atlanta Journal

Saturday, May 10th, 1913

Pinkertons Declare the State Has No Evidence of Importance That Hasn’t Been Given to the Newspapers

IDENTITY OF SOLICITOR’S DETECTIVE A MYSTERY

Chief Lanford Believes He Is One of Sheriff’s Capable Deputies—Gantt Questioned, Newt Lee Has Lawyer

The probe into the mystery of little Mary Phagan’s death two weeks ago still goes on.

The small army of professional, amateur, city, state and private detectives which took up the chase of the murderer soon after the horrible details of the crime became known still pursues the investigation with unabated vigor.

Solicitor Dorsey’s detective, heralded as the best in the world and admitted by the solicitor to be an A-1man, remains a mystery. Mr. Dorsey refuses to divulge his identity, and even the attaches of his office profess not to know his name. Continue Reading →

L. M. Frank’s Complete Story of Where He Was and What He Did on Day of Mary Phagan Murder

L. M. Franks Complete Story of Where He Was and What He Did on Day of Mary Phagan Murder

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

Atlanta Journal

Tuesday, May 6th, 1913

For Three Hours and a Half Mr. Frank Was on the Stand, Answering Questions About His Movements Every Hour and Minute of the Day—He Was Calm and Unruffled When Excused From Stand and Returned to the Tower

HE TELLS OF VISIT OF LEMMIE QUINN TO HIS OFFICE TEN MINUTES AFTER MARY PHAGAN RECEIVED WAGES

Introduction of Quinn Gives the Factory Superintendent an Important Witness, in Confirmation of His Statements. Only Three Witnesses Examined by Coroner at Session Monday Afternoon

For three hours and a half Leo M. Frank, general superintendent of the National Pencil factory in which Mary Phagan was murdered, faced the coroner’s jury Monday afternoon and told minutely, detail by detail, in precise sequence, where he was and what he did during practically every minute of Saturday, April 26, Saturday night, and Sunday, April 27. When he had finished, his father-in-law, Emil Selig, was put upon the stand and questioned closely regarding what he knew of Frank’s whereabouts and acts on those days. And after Mr. Selig had been excused, Mrs. Josephine Selig, his wife, was called to testify along the same line. These three witnesses occupied the entire session Monday, which was at work for almost five hours.

That Lemmie Quinn, foreman of tipping department, visited the Naitonal Pencil factory shortly after Mary Phagan is supposed to have received her pay envelope and departed, was an absolutely new feature in the murder mystery brought out by Mr. Frank’s testimony.

While Quinn has never been on the stand he has corroborated Mr. Frank’s statement in interviews with the detectives, and goes further by saying that he recalled his visit to the factory for the incarcerated superintendent. Continue Reading →

How Frank Spent Day of Tragedy

How Frank Spent Day of TragedyAnother in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian

Tuesday, May 6th, 1913

Factory Superintendent Explains Every Hour of the Saturday Phagan Girl Was Slain.

Here is told how Frank passed the whole day of the Saturday when Mary Phagan was killed. The following is taken from Frank’s testimony:

7 o’clock a. m.—Arose, and dressed at home.

8—Left home for factory.

8:20—Arrived at factory.

8:50 or 9—M. D. Darley and others entered there.

10—Went over to office of Sig Montag, factory manager, on Nelson Street.

11—Went back to the factory office.

12—Stenographer and office boy left him alone in office.

12:10 p. m.—Mary Phagan came for her pay; got it and left. He heard her footsteps die away, and went on with his work, thinking no more about her. When she left he thought he heard her voice in the outer office.

12:15 or 12:20—Lemmie Quinn, foreman of the department where Mary worked, came in.

12:25—Quinn left.

1—Left the factory. Continue Reading →

The Case of Mary Phagan

The Case of Mary Phagan

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

Atlanta Constitution

Sunday, May 4th, 1913

At the top is a sketch made by Henderson from the last photograph taken of little Mary Phagan, the 14-year-old girl of tragedy. Below is a photograph of her mother and step-father, Mr. and Mrs. J. W. Coleman, and her sister, Miss Ollie Phagan. The other picture was taken at the funeral.

Could you walk for hours in the heart of Atlanta without seeing a person you know?

What did Atlanta detectives do to keep murderer from “planting” evidence against suspects?

Are all the men who have been held as suspects marked men for the rest of their lives as the result of a caprice of circumstance?

This not the story of Mary Phagan. It is a story about the story of Mary Phagan.

All of the story of little Mary Phagan that can be learned has been told simply and without further sensation than the facts themselves afforded in the columns of The Atlanta Constitution from the time of this paper’s exclusive story of the grewsome discovery of the girl’s body last Sunday morning. It is, therefore, not for this story to shed light on the case, but merely to point out and discuss a few of the extraordinary phases of the most extraordinary case that has ever shocked a city. Continue Reading →

Slayer of Mary Phagan May Still be at Large

Slayer of Mary Phagan May Still Be At Large

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

Atlanta Georgian

Sunday, May 4th, 1913

The mystery of the death of pretty Mary Phagan enters upon its second week to-day with the police authorities admitting that they are still without a conclusive solution. So far as the public has been permitted to learn, the detectives are not even certain that they have in custody the person or persons responsible for her death.

In the light of present developments, the police believe that no more arrests will be made, but they admit that the entrance of another theory might entirely change the aspect of the case. The detectives base their present belief that they have the guilty man or men on the well-supported theory that Mary Phagan never left the National Pencil factory from the time she received her pay envelope on Saturday noon until her lifeless body was taken from the basement of the building.

If this police supposition is correct, guilt can rest only on one or more of the men who were in the building after noon on the day of the tragedy. The police officers have been able to learn only five who were in the factory Saturday afternoon or night, most of the employees being absent because of the Memorial Day parade. Continue Reading →

Solicitor Dorsey is Making Independent Probe of Phagan Case

Solicitor Dorsey is Making Independent Probe of Phagan Case

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

Atlanta Journal

Friday, May 2nd, 1913

Outside of Solicitor’s Activity There Have Been No Developments Since the Suspects Were Transferred to Tower

GROUNDLESS RUMORS DENIED BY OFFICIALS

Chief Lanford’s Busy Running Down Tips—Coroner’s Inquest Will Be Resumed on Monday Afternoon at 2

The Atlanta Journal has published every fact and development in connection with the mysterious murder of Mary Phagan. The Journal will continue to print news of further developments and additional evidence as the investigation proceeds. No fact has been suppressed nor will any news relating to the hunt for solution of the crime be withheld from the public. Many silly reports about a confession having been made by one or both of the prisoners held on suspicion in the case have been circulated, but they are without the slightest foundation.

AN INDEPENDENT INVESTIGATION.

Forces in the employ of the solicitor general, Hugh M. Dorsey, are making an independent investigation of the Phagan murder case, it was learned Friday. Continue Reading →

State Enters Phagan Case; Frank and Lee are Taken to Tower

State Enters Phagan Case; Frank and Lee are Taken to Tower

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

Atlanta Georgian

Thursday, May 1st, 1913

Watchman and Frank Go on Witness Stand This Afternoon—Dorsey, Dissatisfied, May Call Special Session of Grand Jury To-morrow.

Coroner Donohuoo [sic] late to-day issued a commitment against Leo M. Frank, superintendent at the National Pencil Company, and Newt Lee, night watchman, charging them with being suspected in connection with the death of Mary Phagan and remanding them to the custody of the sheriff. They were later taken to the Tower.

Arthur Mullinaux [sic], held since Sunday, was released.

Frank’s commitment read as follows:

To Jailor: Continue Reading →

Frank Tried to Flirt With Murdered Girl Says Her Boy Chum

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At the left top is Detective Black, of the city, and at the right Detective Scott, of the Pinkertons. Below is a scene of the inquest. At the bottom is a sketch by Henderson of the negro, Newt Lee, whose straightforward story at the inquest has tended to lift suspicion from him.

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

Atlanta Constitution

Thursday, May 1st 1913

Mary Phagan Was Growing Afraid of Advances Made to Her by Superintendent of the Factory, George W. Epps, 15 Years Old, Tells the Coroner’s Jury.

BOY HAD ENGAGEMENT TO MEET HER SATURDAY BUT SHE DID NOT COME

Newt Lee, Night Watchman, on Stand Declared Frank Was Much Excited on Saturday Afternoon—Pearl Robinson Testifies for Arthur Mullinax—Two Mechanics Brought by Detectives to the Inquest.

LEO FRANK REFUSES TO DISCUSS EVIDENCE

When a Constitution reporter saw Leo M. Frank early this morning and told him of the testimony to the effect that he had annoyed Mary Phagan by an attempted flirtation, the prisoner said that he had not heard of this accusation before, but that he did not want to talk. He would neither affirm nor deny the negro’s accusation that never before the night of the tragedy had Frank phoned to inquire if all was well at the factory, as he did on the night of the killing.

Evidence that Leo M. Frank, superintendent of the pencil factory in which the lifeless body of Mary Phagan was found, had tried to flirt with her, and that she was growing afraid of his advances, was submitted to the coroner’s jury at the inquest yesterday afternoon, a short time before adjournment was taken until 4:30 o’clock today by George W. Epps, aged 15, a chum of the murdered victim. Continue Reading →

Factory Clock Not Punched for Hours on Night of Murder

Factory Clock Not Punched for Hours on Night of Murder

Scenes at the funeral services of victim of Sunday’s brutal crime. In one picture is shown casket being borne from church; in another, her brother, Ben Phagan, who is in the navy; and in the bottom one, the beautiful floral offerings covering the newly-made grave.

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

Atlanta Constitution

Wednesday, April 30th, 1913

Newt Lee, Negro Watchman, Had a Record for Punctuality in Registering Time Until Night of the Killing—Bloody Shirt Found in His Home by Detectives, but Negro Asserts That He Had Not Seen It for Two Years—Blood Was Fresh, Assert Officers.

MORE ARRESTS WILL BE MADE TODAY, SAY MEN ON THE CASE

“We Have Sufficient Evidence to Convict the Murderer of Mary Phagan, Declare Local Detectives and Pinkertons—Leo M. Frank Subjected to a Gruelling Third Degree—Rumors Spread Over City That Lee Had Confessed Denied by Chief Lanford.

The record of the factory time clock in the pencil plant was brought to police headquarters last night. It shows an irregularity in three separate periods during the night of the murder of Mary Phagan.

Lee, the negro night watchman, was supposed to punch the time piece every thirty minutes during each night of duty. Up until 9:32 o’clock Saturday night it was visited with regularity. An adjustment was skipped from that time until 10:29 o’clock. At 11:04 another adjustment was missed. The next punch was registered at midnight.

The most convincing irregularity of the record sheet, however, is the adjustment that was missed between 2 o’clock Sunday morning and 3. The body was discovered at 3:30 o’clock. Where was the watchman when he failed to punch the hour? Continue Reading →

Great Crowd at Phagan Inquest

A new photograph of Mary Phagan

A new photograph of Mary Phagan

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

NEW ARRESTS LIKELY; LEO FRANK STILL HELD; CASE AGAINST NEGRO

Atlanta Georgian

Wednesday April 30th, 1913

Inquest Into Slaying of Factory Girl Begins, and Flood of New Light Is Expected To Be Thrown on the Tragedy—Lee Maintains His Story.

The Phagan inquest began to-day at police headquarters. It seemed likely when this edition of The Georgian went to press that a flood of light would be thrown on the murder mystery before the day was over.

Notwithstanding what the police said yesterday—that the mystery had been solved—it does not appear at this time as though it had been solved at all. Various statements have been made by the police officials, that so far have not been borne out by actual facts.

Chief of Detectives Lanford seems to think that there is more evidence against the night watchman, Lee, than any other person, although new mystery is added to this phase of the case with the announcement that other arrests would be made to-day.

Frank is still held by the police. Continue Reading →

Newt Lee’s Testimony as He Gave It at the Inquest

Newt Lee's Testimony as He Gave it at the Inquest

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

Atlanta Georgian

Wednesday, April 30th, 1913

Newt Lee, the negro night watchman, was questioned as follows:

Q. What is your name? A. Newt Lee.

Q. Where do you live? A.  Rear of 40 Henry Street.

Q. What do you do? A. Night watchman at the National Pencil Company.

Q. What kind of work do you do? A. Watch and sweep up the first floor.

Q. What time do you go to work? At what time? A. Six o’clock. If it is not quite 6 o’clock I go around and see if the windows are down. If it is at 6 I punch the clock and then go around. Continue Reading →

Gantt Turned Over to Sheriff of Fulton

Gantt Turned Over to Sheriff of FultonAnother in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution

Wednesday, April 30th, 1913

After a hearing before Judge George L. Bell of the superior court in which his attorney George T. [1 word illegible] gave a scathing denouncement of the police and detective department for what he termed the grilling system. J. M. Gantt, held on a warrant charging the murder of Mary Phagan was taken from the police and turned over to the sheriff to be held in the Tower.

Judge Gober stated that he would arrange for a hearing early today before Justice F. M. Powers before whom the original warrant was sworn out. The coroner’s inquest is set for 9 o’clock and Judge Gober declared that if possible he would have a hearing on the warrant before that time and if not he would have it immediately after that.

* * *

Atlanta Constitution, April 30th 1913, “Gantt Turned Over to Sheriff of Fulton,” Leo Frank case newspaper article series (Original PDF)

Mother Prays That Son May Be Released

Mother Prays that Son May Be ReleasedAnother in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian

Wednesday, April 30th, 1913

Gantt’s Mother, for Whom Mary Phagan Was Named, Weeps for Son.

In an easy chair in front of an open fireplace in a little Cobb County farm house, sat an aged mother, with lines of suffering marking her face and her white head bowed in sorrow, praying that her son may be found innocent of the terrible crime for which he is held by the Atlanta police.

For two days she sat in the same chair, staring constantly with dry eyes into the embers of the dying fire, seeing in the clouds of smoke as they swirl upward into the chimney, visions of her son caged in a felon’s cell—her mind filled with terrible pictures of her boy struggling with the horrors of the “third degree.”

The mother is Mrs. Mary Lou Gantt. Her son is James Milton Gantt, the young bookkeeper who is held by the police as a suspect in the terrible murder of little Mary Phagan. Mrs. Gantt was prostrated when the news of her son’s arrest was brought to her Monday morning. Her boy had been away from home for three long weeks, and during that time had narrowly escaped death in an accident at Copper Hill, Tenn., where he had been working. Continue Reading →

Sister’s New Story Likely to Clear Gantt as Suspect

Sister's New Story May Clear Gantt

A photographic study of the victim in the strangling mystery showing the sad expression in her eyes. Another picture of the Phagan girl in a studious pose. The child was strikingly pretty and the pictures here shown are from photographs prized by grief-stricken relatives in Marietta. Mary Phagan and her young aunt, Mattie Phagan, who was one of the girl’s best friends and is heart-broken over the tragedy.

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

Atlanta Georgian

Wednesday, April 30th, 1913

F. C. Terrell, 284 East Linden Avenue, told a Georgian reporter to-day that his wife had declared to him that she did not tell the truth to the detectives and Georgian reporters to whom she had said that she did not know where J. M. Gantt, accused of the murder of pretty Mary Phagan, was on Saturday night.

When seen soon after the discovery of the deed, Mrs. Terrell stated that Gantt, who is her half brother, had left her home where he had been for the past seven years, three weeks ago, presumably to go to California and that she had not seen him since.

“Most certainly he was in his room here Saturday night,” declared Mrs. Terrell to a Georgian reporter to-day. “He came in at 11 o’clock.” Continue Reading →

Pinkertons Hired to Assist Police Probe the Murder of Mary Phagan

John M. Gantt, former bookkeeper of the National Pencil company, and acquaintance of Mary Phagan, who is under arrest, and was put through a gruelling [sic] third degree last night at police station. He maintains his innocence.

John M. Gantt, former bookkeeper of the National Pencil company, and acquaintance of Mary Phagan, who is under arrest, and was put through a gruelling [sic] third degree last night at police station. He maintains his innocence.

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

Atlanta Constitution

Tuesday, April 29th, 1913

For Hours Detectives Labor With John M. Gant [sic], Former Employee of National Pencil Company and Alleged Admirer of Pretty Mary Phagan.

SISTER OF PRISONER ADMITS SHE DECEIVED ATLANTA DETECTIVES

Told Them Gant Had Not Been Home When He Declared He Was in Bed. Now Admits Story Untrue. Gant Caught in Marietta, With Suit Case Filled With His Clothes.

Despite the fact that four suspects in the Mary Phagan case are held at police station, two white men and two negroes, the detective department is not satisfied, and the city is being scoured for evidence that will lead to the arrest of the guilty party.

Last night the Pinkerton detective department was engaged by Leo M. Frank, president of the National Pencil company, to aid the local officers in the search for the man responsible for the brutal murder, committed Sunday morning in the plant of his company on Forsyth street. Continue Reading →

Factory Employe [sic] May Be Taken Any Moment

Gantt reading murder warrant [John M. Gantt was a family friend of Mary Phagan's and was accused of being "infatuated" with the young girl. He was let into the factory on Saturday to retrieve pairs of shoes he had left there prior to his leaving the company. Newt Lee accompanied him as he retrieved his shoes and left Saturday afternoon -- Ed.]

Gantt reading murder warrant [John M. Gantt was a family friend of Mary Phagan’s and was accused of being “infatuated” with the young girl. He was let into the factory on Saturday to retrieve some old shoes he had left there prior to his leaving the company. Newt Lee accompanied him as he retrieved his shoes and left that fateful Saturday afternoon — Ed.]

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

Atlanta Georgian

Tuesday, April 29th, 1913

A sensational arrest will be made in the Mary Phagan murder mystery within a few hours.

It will be based on the firm theory of the police and detectives that the strangled girl was never outside the factory of the National Pencil Company from the time she went in there for her pay Saturday noon until her dead and mutilated body was taken to the morgue early Sunday morning.

The detectives do not believe that Arthur Mullinax is guilty of the murder.

They do not believe that J. M. Gantt is guilty of the murder.

They do not place any dependence on the identifications of Gantt and Mullinax made by various persons before Chief of Detectives Lanford.

They are confident that the author of the terrible deed was a person who is not under arrest at the present time. They know his name. They have talked with him. They have his story of what he declares is all he knows of the happenings Saturday night in the building of tragedy on Forsyth Street. Continue Reading →

Guilt Will Be Fixed Detectives Declare

Guilt Will Be Fixed Detectives Declare 1

Mrs. J. W. Coleman, below, mother of slain Mary Phagan, and Ollie Phagan, sister of the murdered girl [above]. Mrs. Coleman is prostrated by grief over the crime, and warns all mothers of working girls to watch carefully their loved ones.

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

Atlanta Georgian

Tuesday, April 29th, 1913

Has the murderer of pretty little Mary Phagan slipped the net that the police most carefully spread for him?

Is the author of the crime that shocked the city and State with its terrible brutality still at large?

Is the mystery, as baffling in its myriad conflicting elements as it is revolting in its details still as far from solution as it was when the beaten and bruised little body of Mary Phagan was found lifeless in a pile of trash and litter in a Forsyth Street basement?

When the city detectives and Pinkertons picked up the twisted skelna of evidence this morning they admitted that they were as badly tangled as when they laid them down after working incessantly upon them until long after midnight. Continue Reading →

“I Am Not Guilty,” Says John M. Gant [sic]

I Am Not Guilty Says John M. GanttAnother in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution

Tuesday, April 29th, 1913

“I Was Not in Love With Mary and She Was Not With Me,” Asserts Man Accused of Murder.

“I did not kill Mary Phagan. I haven’t seen her within a month. They accuse me falsely. I’m innocent and will swear it by heaven above.”

John M. Gant [sic], the youthful bookkeeper arrested on the charge of murdering Mary Phagan, sat in the detective chief’s office at police headquarters last night, looked his questioners squarely in the eyes, and sweepingly denied all accusations.

“I went to Marietta to take charge of a farm I have bought. My folks live there. I had been planning to go for several weeks. Surely, the mere fact that I went to Marietta isn’t proof conclusive that I killed the girl.” Continue Reading →