Newspaper Page Text
THK ATLANTA O'ORCIAN AND NEWS, Tl'ESDA V. A PHIL 29, 1913.
YOUTH HELD IN PHAGAN CASE
John M. (i.iritt, held in connection with the inv estigation of the strangling of little Mary Phagan
in the National Pencil Factory. Here Gantt is shown reading the warrant for his arrest on a
charge of murder. He stoutly denies any connection with the crime. An alibi story, told by his
sister, may clear him of suspicion.
LATER ADMITTED TO CLIENT
Continued From Page One.
safety, aider ronsderation. Frank has not yet figured as of im
portance in the case.
Luther Rosser, attorney for Frank, endeavored to sec his I
client. The police refused to let him do so.
Why?
Lawyer Rosser retired hastily declaring lie would apply to.
Judge Bell for a writ of habeas corpus for his client, and would
thus take him out of the control of the police.
Later, when Rosser’s determination to fight for Frank be
came known. Chief Beavers admitted that the exclusion of Rosser
“was a mistake,” that the police orders had been taken too liter
ally, and Rosser was then permitted to talk to his client. Rosser
abandoned his plan to sue out a writ of habeas corpus.
The police “explanation” only added mystery to mystery,
and really explained nothing.
When Rosser reached the police station lie was told that
strict orders had been given against anyone seeing Frank.
If Frank was not under arrest, hv what right, was his lawyer
forbidden to see him?
As soon as the police slation was readied Frank was taken
at once into 1he detectives' office and the doors were barred
agairtst all.
The detectives would say nothing of what took place behind
the dosed doors. The detective office is on the third floor. At
the bottom of the stairs on the second floor Call Officer John
West was stationed to bar all who attempted to go to the floor
above.
Frank To Be Kept Under Guard
It was learned late this afternoon that Frank will he held on
the technical charge of “suspicion.” He will not he placed in a
• II. hut he will be under guard. An extra policeman will he em
ployed to keep watch over the factory superintendent in the police
t lit ion and Frank will pay for the services of this man.
Luther / Rosser, counsel for Frank, would not make a defi-
stntement tliiR afternoon as to his plans for obtaining the free-
,it m of his client. lie said that he would institute proceedings if
he considered Frank was being held an unnecessarily long time.
At the same time that the Frank proceedings were under way
tidier & Jackson, attorneys for J. M. Gantt, also in custody in con
nection with Hie crime, made formal application for a writ, of
habeas corpus before Judge Bell and a hearing was set for 4 o'clock
this afternoon.
Frank previously had been questioned by the police. He was
brought to the station Monday morning iu company with his at
torneys and there made a lengthy and detailed statement to the
detectives.
The authorities had announced they believed Frank had no
knowledge of the crime. Their sudden action to-day appears to
he freighted with greal significance in view of the fact that they
have already quizzed him as to all he knew in connection with
the affair.
At the factory of the pencil company reporters were suddenly
excluded.
"We've been harassed enough by the reporters of the news
papers,” was the explanation volunteered by Ed Montag, in
charge. “This plant has had all the notoriety it wants.”
In lhe working ranks of the National Pencil Company is be
lieved to be the last hope of solving the great strangling mystery.
If these workers are barred to the press and to the public aiyl ad
mission is denied to the factory, those in authority have effectually
closed one of the most important avenues for the solution of the
crime.
Frank Last in Building
Frank, to a Georgian reporter, just before Ids arrest, said:
"No one is more anxious to learn of lhe whereabouts of
Mary Phagan Saturday afternoon and night than I am. The com
pany is exerting every effort to get information and has em
ployed a Pinkerton detective to work on the ease. •Officials of the
company also thought it lies! to retain counsel to assist in the in
vestigation, while every one of the foremen anil head men about
the factor} is endeavoring to find out if any of the employees
know anything.
”1 deeply regret the carelessness shown by the police depart
ment in not making a complete investigation as to finger prints
and other evidence before a great throng of people were allowed
to enter the place.
"The affair is exceedingly embarrassing to me. To know
that the authorities even felt that they should detain me for a
while and question me leaves a hud taste, and I am doing every
thing possible to locate the guilty man.”
Arthur White and Harry Denham, the last two workmen in
the factory plant the day of tin* tragedy, declared to The Geor-
yiirii that when they left the building shortly after J o'clock in
lie afternoon Superintendent Frank was the only man remaining.
White's statement follows:
Denham and 1 went to the factor} to work on Saturday, al
tiuiiurh it was a holday. We left shortly after 3 o’clock in the
afternoon.
"We punched our time at exactly 3:10 o’clock.
"On our way out I stopped in Mr. Frank's office and bor
rowed two dollars of him. Denham went in with me. Neither of
us saw anyone else in the building When we left Frank was the
cnlv person remaining.
Saw Gantt in Pool Room
“Denham and 1 stayed together most of the afternoon, and
in the evening we went to the Globe pool rooms on Broad Street,
near .Marietta. We had been in there a little while when I saw
John Gantt come in. He did not play, hut sat down and watched
the game.
“In a little while we went out, hut returned in a few min
utes and stayed until after 10 o’clock. Finally he said that he
guessed he would go home, and that was the last 1 saw of him.”
PASTOR PRAYS
FOR JUSTICE AT
STEPFATHER OF DEAD GIRL
OUTSPOKEN AGAINST LEE
Swoon at Burial in Marietta
This Morning.
That Mary Phagan never left the
factory after she entered It at 12:15
o’clock Saturday, the day of her mur
der, and that she was killed and her
body dragged Into the basement by
Mother and Aunt of Mary Phagan ,he neffro nlght Newt
Lee, now In Jail, la the firm belief
of the child’s stepfather, W. J. Cole
man. and other members of her fam
ily.
As for Arthur Mulllijax, former
street ear conductor, held on suspi
cion. Mr. Coleman told a Georgian
reporter he thought him innocent of
lhe crime. He was also very doubt
ful if J. M. Gant, ex-bookkeeper for
the pencil factory, where the girl
worked, had anything to do with her
murder or knew anything about It.
"If t%<M«^»tchman did not kill
the chltil. jP^Bwould It have been
imposstbie^for Aim to hear her
screams golnj^^ln the building?’
he asked, t“A lfkgjw stable man next
door heard ; them', Sri It would have
been m«fh easier folkthe watchman
to If the h»ck did^pt do it him
self. Mien he must^*ve known
Homethlhg about it, and who the per
|K>]
fraA whiefi
^^Ttuiirs.
^’Pnllaiised and
r condition flight
(Tecond Bap-
Denham's statement is substantially the same. He said
that he saw no one else in the factory aside from his fellow work
man, 'White, and Superintendent Frank.
Mrs. Leo Frank, wife of the superintendent of the pencil
factory, declared to-dav before the arrest that her husbnad, was,
anxious to do everything in his power to clear up the Mary Phagan
mystery and regarded the feeling against him as totally unwar
ranted.
"I do not care to go into any of the details of the crime,”
said Mrs. Frank. “My husband is at the office and is perfectly
competent to give out all information. Any knowledge 1 have of
the affair I got'from him.
"Ail that I know is that he is doing everything to solve the
mystery, lie has engaged detectives aval is personally investigat
ing many of the clews.
An investigation was conducted at the plant of the pencil
factory - this afternoon in an effort to find some employee who pos
itively had seen lhe Phagan girl after she drew her pay Saturday
noon at the office of Superintendent Frank. The canvass of em
ployees was made under the direction of Frank hmsclf.
Mrs. Leo AL Frank, wife of the factor}- superintendent; Ids
father and brother called at the police station this afternoon to aid
the closely guarded Frank.
They were not given admittance at once, as Frank was under
going an examination in the office of the detectives. They were
taken 1o the office of Probation Officer Coogler, yvliere they waited.
Restraining her tears with difficulty, Mrs. Frank declared her
belief in the entire innocence of her husband. She preferred not
to tnlk at length of the case and said’thut it had not been discussed
in their home.
She broke down several times while talking and burst into
tears, but recovered herself and contain'd the conversation.
"My husband is absolutely innocent and able to take care of
himself in the matter,” she said. "1 would rather that any state
ments should come from him. We discussed the matter hardly at
all in our home.”
Mrs. Frank is a striking appearing woman of about 30 years.
With her were her father, K. Selig, ths East Georgia Avenue, of the
West Disinfectant Company, and a brother-in-law, A. E. Marcus,
of the Marcus Clothing Company.
Frank f s Rise in Company Rapid
Frank is 27 years old and has been married three years. His
wife was Miss Lucile Selig. Frank and his wire live with her fa
ther at 68 East Georgia Avenue.
Frank was induced to come to Atlanta about five years ago by
his uncle, E. M. Frank, of this city, lie formerly lived in New
\ ork and was in the employ ot the Sturdevant Fan Company.
He is an expert mechanic and his rise has lven rapid with the Na
tional Pencil Company. Coming here in a minor capacity, he yvas
not long in being promoted to a position of authority. A short
time later he was made superintendent.
Brown Offers $200 for Capture
of Slayer—C. C. Jones
Also Gives $100.
Governor Joseph M. Brown to-day
offered a reward of $200 for the ap
prehension and conviction of the mur
derer of little Mary Phagan an^l May
or James G. Woodward issued a call
for a special meeting of Council for
tomorrow morning at 10 o’clock, urg
ing a $1,000 reward.
Governor Brown’s decision was
reached on receipt of the following
letter from Solicitor Hugh M. Dor
sey:
‘‘From the best information obtain
able, it is my belief that the circum
stances surrounding the death of lit
tle Miss Mary Phagan indicate a most
brutal murder, probably attended with
another horrible and detestable t rime.
“The officers of the local police and
detective departments seem to be
using their best efforts toward the
solution of the mystery, but I believe
it advisable to ask that you offer a
reward for the apprehension, with evi
dence to convict, of the guilty par
ty.”
The Mayor’s message follows:
“To the General Council, City of At
lanta:
“Gentlemen—The General Council of
the city of Atlanta is hereby called to
convene in special session to-morr >w
morning at 10 o’clock, April 30, 1913
to take cognizance, in an official way,
of that most brutal crime that was
committed in this city on last Sat
urday night.
“I think it is proper that the city
government should take some befi •
ting action as regards this most de
plorable matter, which, as it is, is
liable to cast unenviable criticism
upon the name of our fair city, and I
would suggest that your honorable
body offer a suitable reward of not
less than $1,000 for the capture of the
brute or brutes that committed such
an outrageous crime. I feel satisfied
that every taxpayer of this city will
heartily co-operate in indorsing the
action of the Mayor and General
Council in offering this reward. Re
spectfully submitted.
• J. G. WOODWARD, Mayor.”
A thousand persons saw a minister
of God raise his hands to heaven to
day and heard him call for divine jus
tice.
Before his closed eyes was a little
casket, its pure whiteness hid by the
banks and banks of beautiful flow
ers.
Within the casket lay ttie bruised
and mutilated body of" 1 Mary Phagan.
the Innocent young victim of one of
Atlanta's oiaGkest and most bestial
crimes* I m
The spirit of the terrlbl* tragedy,
filled the air. An aunt of thg stran
gled girl suddehly screamed, fell overj
in her seat and was carried from the
church in. a swoon
did not fully Recover
Th^ strjuirefi mothi
it that her~yohdltipn
become critical. g
The scene; % as in Vm
tist<|#’hurch J iff Marietta, where Mary
Phag^p had livet^Mfhen she was a
child of only three or four years. An
immense crowd was at the station
when the funeral train arrived at 10
o’clock. Many of them were young
people who had played about wUh
h e strangled victim when she had
|d there years before.
Mother Collapses at Station.
Just as Mrs. W. J. Coleman, mother
of Mary, was being helped Into a cab.
the pure white coffin was lifted from
the car. Mrs. Coleman saw it and
the single glance was sufficient to
awake afresh the torrent of fearf.il
memories.
She screamed and fell into the arms
of her husband. It was some time
before she could be taken to the
church to witness the rites over her
daughter whose life had been sacri
ficed to the brutality of some man.
“Nearer, My God, to Thee, ’ sang
the choir when the little casket was
borne into the church and carried
forward, wtyere it was covered with
flowers.
Rev. T. T. Llnkus. of the Christian
Church at East Point, whose Sunday
school Mary had attended in the
earlier years of her laughing, happy
childhood, was the minister.
“May God bring the mail guitar of
this terrible crime to* justice,” was
the supplication of the minister as
lie raised his hands above him.
“May God aid the officers of the
law in detecting and bringing be
hind the bars such a man,” he con
tinued.
Aunt Screams and Faints.
His words were interrupted first by
the sobs of one member of the fam
ily and then by another. Miss Lizzie
Phagan, an aunt of the strangled
girl, uttered a piercing scream. She
was unconscious when those by her
picked her up. She was taken home
in a carriage and Dr. \V. M. Kemp
was called. He had great difficulty
in reviving the grief-stricken woman
W. J. Phagan, the girl’s aged
grandfather, sat with his white head
bowed in sorrow. The tears ran
down his furrowed cheeks unheeded.
He was utterly broken and crushed
by the calamity which had visited
him and his family in his last years.
Al! the way from New York, where
he was on board one of the United
States battleships, came Benjamin
Phagan to witness the tragic funeral
of his innocent young sister. With
him were his brothers. Joshua and
Charles, and his sister, Ollie Phagan.
A sad procession moved to the lit
tie cemtery where the coffin was low
ered into the grave that had been
prepared. Mrs. Coleman collapsed
again at the grave and it is greatly
feared that she will be seriously af
fected by the ordeal through which
she has passed.
Anarchy Reported
In Mexican Capital
300 Refugees Arriving in New
leans Say Battle in City
Is Imminent.
Or-
NEW ORLEANS, April 29.—Mex
ico City is in a state of anarchy, ac
cording to 300 Mexican and Ameri
can refugees who arrived here by boat
from Vera Cruz to-day.
They left the city, fearing a battle
was imminent. More than 100 of
those who fled from the Mexican cap
ital were compelled to sleep in the
hold of the vessel. They said an ex
odus from Mexico City had been go
ing on for several days.
SCRANTON, PA., DYNAMITE
PLOTTER’S BOND APPROVED
CHICAGO, April 29.—Michael J.
Hanon, of Scranton, Pa., will be re
leased from the Pederal prison at
Leavenworth. Kans., to-morrow.
Supersedeas bonds to the amount of
$30,000 were approved in United
States Circuit Court here to-day.
Hanon was convicted in Indianapolis
of being a party to the dynamite
conspiracy.
Start Tifton Postoffice.
TIFTON.—James Devault, of Can
ton. Ohio, who has the contract for
building the Tifton postoffice, is here
to begin work. Devault got the con
tract last week for $47,500.
sdn^ivas who did it.”
Outlines Theory of MUrd®r.
Then, in broken tones, fir he had
just returned from making all ar
rangements for taking the girl’s body
to Marietta, Ga., to be burled, he out
lined his idea of how sh<j met her
death.
“When Mary turned frorrj the win
dow after receiving her money,” he
said, “I think that, instead of going
directly out, she went to {he dress
ing room, perhaps for a dri’nk of wa
ter. as one of the notes found said.
Superintendent Frank, missing her
when he came out and supposing she
had left the building, locked her in.
The negro watchman must have seen
her go into the dressing room, and
a little later seized her aid gagged
her.”
Later developments in thW story go
to show that the spot Where the
was cut off from the front and bound
around her mouth to keep her from
screaming
Ribbon Found Near Boiler.
Another bit of evidence, it was
said, that went to throw added sus
picion on the black was a bow of
the child’s blue ribbon and a hand
kerchief found down ne^r the boiler,
where he constantly stayed.
“The negro evidently kept the child
in the factory all day,” Mr. Coleman
said, “and was afraid to attack her
until midnight for fear she would
scream or somebody would come. He
may or may not have knocked her
senseless from the first, or lie may
have tied her. I do not kndw, but
when Gant entered the shop it is
more than likely that he knew noth
ing of the girl’s presence there and
simply went up and got his shoes, as
he said, and went out again.
“All this about Mary having been
seen on the street at midnight or at
any other time after 12 o’clock in
the day I do not think can be true.
I believe she remained all day in the
building. After the negro did the
work, he was afraid to leave or not
to notify the police, which would
make appearances worse for him.
.^Therefore he called the officers.”
Now Clears Mullinax.
Mr. Coleman said he had at first
given credence to a report that Mary
had come home at 6 o’clock Saturday
afternoon,^jid that Mullinax, meeting
her as she got* off of the car, had
taken her back to town with him.
This report, Mr. cblemaf! said, turned
out to be untrue. The conductor had
made a mistake, and the girl Mulli
nax was with was Miss Pearl Rob
inson, of Bellwood, as he Wore in
tali. \
This was corroborated by the con
ductor himself, J. C. Horne, 11 CdUk
Place, on whose car the reporter rodl^
out to the Coleman home on Lind--,
say Street. The conductor said that
Mullinax and Miss Robinson had
taken his car out and, knowing Mul-
linax, he had talked with him and
the girl, who at that time he thought
child’s hair was found caught on a! was Mary Phagan. When Mullinax
steel lathe was not the scfne of her
struggle with her assailant. In the
dressing room, it was said by a mem
ber of her family, there were plain
evidences that the attack was made.
She was alsc gagged in the room, for
a strip of her new lavehder dress
and Miss Robinson reached their cor
ner Mullinax remarked that it was
a bit chilly and he was going home
to build a fire./ It was later that
they returned to the theater, the
conductor said, but on whose car he
did not know.
*4-
WRITING TEST
POINTS TO NEGRO
NO CHECK IET ON
TARIFF BILL TALK
Experts Declare Note Written by Underwood Permits Free Discus
Lee Resembles That Found
Near Slain Girl,
Handwriting experts said to-day
that they were able to determine a
resemblance between the handwriting
of Newt Lee, the negro watchman In
the National Pencil factory, and that
In the mysterious notes found by the
body of Mary Phagan in the base
ment of the factory.
They were of the opinion that the
negro wrote both notes, as they as
serted that many of the peculiarities
in the handwriting of Lee were found
in the messages (hat lay in the dirty
basement.
The Georgian already had drawn
attention to the probability that the
negro wrote the notes, or directed
them written to divert suspicion.
That the notes were written to
throw suspicion on another was sug
gested by the wording of one of the
notes Which, as deciphered by a
Georgian reporter, was as follows:
’He told me he wood love me laid
down play like the night watch did
but that long tall black negro did it
by his self.”
The theory immediately arose that
Lee wrote the notes to turn suspicion
on another negro that had been about
the building either from himself or
from another person he was trying
to shield.
sion—Republicans to Offer
Flood of Amendments.
WASHINGTON, April 29.—Wit!!
Democratic Leader Underwood deter
mined to pass his tariff bill at the
earliest possible moment, the House
to-day plunged into actual considera
tion of the measure under the five-
minute rule.
Underwood still was determined to
allow full and free discussion and
ample opportunity to offer amend
ments. He is not disposed to resort
to gag rule. It was known, though,
that the Democratic leader will re
sort to a gag as soon as he becomes
convinced that an attempt is being
made to delay the bill.
The best opinion was that if no re
sort to a rule is had it will take at
least two weeks to complete the read
ing of the bill. On the other hand,
Underwood can force immediate ac
tion by making a rule. Some idea
of the number of amendments that
will be offered can be obtained by the
statement of a prominent Republican
who declared he had fifty amendments
to offer to the chemical schedule
alone.
LEGISLATORS PLAY BALL.
COLUMBUS, OHIO, April 29-
Democrat and Republican baseball
“bugs” in the lower house of the Ohio
Legislature crossed bats at the Amer
ican Association Park here to-day.
Waters To Fight
Paving Contract
Atlanta Will Lose $25,000 This Year
on High-Priced Asphalt, Com
missioner Says.
FLOWERS and FLORAL DESIGNS!
ATLANTA FLORAL CO.
Both Phones Number 4. 41 Peachtree!
ATLANTA
County Commissioner Tull C. Wat
ers to-day announced he would open
a fight on the county's asphalt con
tracts at the next meeting of the
Commission. He said he could not
understand why Commissioners Shel
by Smith. W. T. Winn and S. B,
Turman insisted on higher price ma
terial when scientific tests proved it
was not better than low priced ms-
”Chief of Construction Clayton is
right in this controversy," said Com
missioner Waters. "Chemical analysis
is the proper way to determine the
worth of asphalt. Why should the
county pay $44 a ton for asphalt when
the analyses show we can buy mate
rial Just as good for $21.75? This
would make a difference of more than
$25,000 this year.”
Commissioner Waters said the
Commission did not advertise for
bids The plan to buy the high
priced lake asphalt, he said, came to
the Board as a written report signed
by three members—Commissioners
Smith. Winn and Turman.
This was a majority. Although
Commissioners Waters and Clifford
Anderson protested they were over
ridden.
ALL THIS WEEK
Except Wed. & Thurx. Nights
THEATER Mjs$ gj^y |J)NG
And Company »n
Matinees
Wed. and Sat
A Butterfly
on the Wheel
Nights 15c to 50c | First Time In Atlanta
LYRIC
This
Week
Mats. Tues.,
Tims., Sat.
BILLY THE KID
A DRAMA OF THE WEST.
With the Young American Star,
BERKELY HASWELL.
Home Again With Vaudeville
rADCVTU Mat. To-day 2:30
rUndl I n To-nightatMO
Sophye Barnard-Lou |
Angler & Co.—Chris .
Richards — Gaby — j
Helm Children—Barr j
& Hope—Muriel & j
Francis and Others...._ j
NEXT WEEK
Gus Edwanit