Monday, May 26th, 1913
Chief of Detectives Newport Lanford Monday announced that the mystery of the Mary Phagan tragedy is solved, as nearly as is possible without the absolute, direct testimony of eyewitnesses, and expressed himself as perfectly satisfied with the evidence now in hand.
Accompanying this statement comes the authoritative announcement that the great strangling crime will be placed on Leo M. Frank, now under indictment on the charge of murder, and that Newt Lee, the suspected negro night watchman of the National Pencil Factory, will not be indicted. Lee will be held in jail until the trial as a material witness and will be placed on the stand to give evidence against the factory superintendent.
Lee has completely been eliminated from the case as a suspect, and is now counted as one of the strongest witnesses against Frank.
"There is not the slightest doubt of the innocence of Newt Lee," said Chief Lanford. "I'm certain he has told all he knows of the death of Mary Phagan."
Can Hold Lee Indefinitely.
No further action nor proceedings of any kind will be necessary to hold the night watchman for the trial. He was ordered by the Coroner's jury held for investigation by the Grand Jury, and until the latter body either returns an indictment or a "no bill," he can not be freed from jail.
It is the plan of the State, it is understood, to defer action on his case by the Grand Jury until after the trial of Frank. He will then be released.
The great advantage gained by the State in holding Lee as a material witness is that he can be cross-examined when he goes on the stand. By this means the State can bring out every possible circumstance against Frank that has been related by the negro.
Were he indicted as an accomplice, or on any other charge, and appear in court as a defendant, Lee would merely make such statement as he chose and could not be cross-examined by either the State or the defense.
The refusal of the Grand Jury to indict Lee is one of the shrewdest moves yet made by the prosecution. It came as a great surprise, as it generally had been conceded that both Frank and Lee would be indicted, either jointly or Frank as principal and Lee as accessory.
Lanford Is Satisfied.
Chief Lanford, in declaring himself satisfied with the status of the case, said that the real work of his detectives is now over, and that all that remains for them to do is to knit some of the circumstances together and strengthen a few of the weak points. He said he case was circumstantial, but felt sure the State would be able to convict Frank
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