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.
