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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