Report of Assistant Superintendent Harry Scott: April 28, 1913

The following pages contain a correct copy of the report of the said assistant superintendent Harry Scott, dated April 28, 1913, and sent to the National Pencil Company on May 2, 1913.

Assistant Superintendent Harry Scott Reports:

Atlanta, Georgia, Monday, April 28th, 1913.

Late this afternoon, I held a conference with Mr. Leo M. Frank, Superintendent, and Mr. Darley his assistant and the officers of the National Pencil Co., #37-39 S. Forsyth st., Atlanta, Georgia Mr. Frank stated that on Saturday, April 26th, 1913 the factory of the National Pencil Co., was closed down and that only two of the employees reported for work during the entire day and these men were Harry Dunham and J. A. White, who are employed on the fourth floor of the building. Mr. Frank stated that he was in the office up until about 1:00 P.M., that at 12:10 P.M. a girl employee of the factory named Mary Phagan called at the office of Mr. Frank for her wages, and she received $1.20 either in a $1.00 bill and two dimes or two half dollars and two dimes. Mr. Frank personally handed this girl her wages, after which the Phagan girl left Mr. Frank's office and walked towards the door of the office adjoining Mr. Frank's office, which door leads into the factory. Miss Phagan turned to Mr. Frank and asked him if the metal had arrived yet, to which Mr. Frank replied "no" and the girl then went on her way out of the factory, as far as Mr. Frank knows, as he did not see anything of her during the afternoon.

About 12:00 o'clock noon Mrs. J. A. White entered the factory and went to the top floor, where her husband, J. A. White was working, and at 12:25 P.M., Mr. Frank went to the fourth floor and in the presence of Mrs. White told Denham and White that he was going to lock the doors and Mrs. White then left the factory, but White and Denham informed Mr. Frank that they had not finished their work, and Mr. Frank then told them to remain until they had done so.

Mr. Frank left the factory about 1:00 P.M. Saturday, while White and Dunham were still working on the top floor. Mr. Frank then went to his home to dinner, returning to the factory at about 3:00 P.M. and he saw that White and Denham were about through with their work, and both of these men left the factory at about 3:09 P.M. As far as Frank knows, he was the only person left in the factory after that hour.

On Friday, Mr. Frank had instructed his negro night watchman, Newt Lee, to report at the factory on Saturday at 4:00 P.M. on account of it being a holiday and none of the employees working. At 4:00 P.M., the negro Newt Lee arrived at the factory reporting for work to Mr. Frank, who told him that it was not necessary for him to go to work at that time, but that he could go out on the street and have a good time until about 6:00 P.M., and that in the meantime Mr. Frank would stay in the factory. The negro left the factory returning again at 6:00 P.M. and at 6:05 P.M., Mr. Frank left the factory for his home, and on his way out of the factory by the Forsyth St. door, he saw the negro night watchman Newt Lee talking to a bookkeeper named John M. Gantt, who had recently been discharged by Mr. Frank. It developed that Gantt was asking the negro watchman Newt Lee to allow him to go to the second floor of the factory and secure a pair of shoes that he had left there, as he wanted to go to his home at Marietta, Georgia, and do some plowing, and the negro Newt Lee then asked Mr. Frank if he would allow Gantt to enter the building. Mr. Frank knowing that he had discharged Gantt for thievery, hesitated about allowing Gantt to enter the building, but finally told the negro watchman to let Gantt in, but to stay with him until he secured his shoes, and then see that Gantt left the building without taking anything that did not belong to him.

About 7:30 P.M., Mr. Frank states that he called up the factory, as he knew that Newt Lee, the night watchman, was about to punch his clock at that hour and could hear the telephone bell ringing inside the office, and Newt Lee answered the telephone. Mr. Frank states that he inquired of Lee if Gantt had left the building, to which Lee replied in the affirmative. Mr. Frank then asked Lee if everything else was all right, to which Lee responded "Yes". Mr. Frank states that this was the extent of his telephone conversation with Lee.

Mr. Frank then stated that about 6:00 A.M., Sunday, April 27th, several city detectives called at his home in an automobile and requested that he accompany them to police headquarters, and Mr. Frank accompanied the officers to police barracks, and they informed him that they had found the body of Mary Phagan in the basement of the National Pencil Company's plant. Mr. Frank states that this was the first that he knew of the murder of the Phagan girl. The National Pencil Company's factory is a four story building with a basement. The police had already been engaged on this matter and they had moved the body from the place where it was found, and it was almost impossible for me to state the exact position of the body, condition of same, how it was laying, etc., or just where the wounds on the body were. Accompanied by Mr. Frank and Mr. Darley I went to the basement of the building, which can only be entered from the factory through a scuttle hole and a ladder suspended from this hole to the ground. However, there is a large sliding door in the rear of the building which opens into the basement. We went through the scuttle hole and down the ladder into the basement, and walked past the elevator shaft, which is about 15 feet from the ladder, after which we passed a large bin about 75 feet long on the left, and about the middle of this bin on the right hand side there is a trash pile, on which old papers pencils and other trash is piled, until a sufficient quantity has been accumulated for burning, and right above this trash pile was a boiler about 15 feet long, in which the trash is burned and above this boiler is a water closet, which is about 12 feet from the end of the large bin, on the right hand side, when walking toward the rear door. It is claimed by the negro watchman, Newt Lee, that the body when found was laying with the arms folded and face down, with the head towards the ladder and feet towards the rear door, there was a wound in the back of the murdered girl's head over the left ear, and the blood flowing from this wound was a little warm at the time the body was discovered. The top of the murdered girl's head was about 6 in. from the end of the bin.

The police, who arrived on the scene after the negro night watchman Newt Lee reported finding the body, claim that they found traces of where the girl's body had been dragged from the elevator shaft to the point where her body was found, and some of the officers claim to have seen signs of someone being dragged along the ground. The murdered girl's face was all covered with back dirt, her tongue was full of sawdust and dirt, and her hair, which was hanging down her back, was also full of sawdust. The girl was laying with her dress pulled above her knees. She wore a light lavender colored dress, white petticoats, white underwear and holes were in her stockings at the knees, and her knees were scratched and the slipper on her left foot was missing, as was also her hat, and both of these articles were found in the trash pile. The girl's umbrella was found at the bottom of the elevator shaft. The girl had on a dark blue hat, which showed that the same had been struck with some blunt instrument on the back of the hat. The police claim that they found strands of the girl's hair on a lathe on the second floor, about 10 ft. from the lathe there were some blood stains, which were chipped up by the Police and no other blood stains could be found on the lathes, trucks, elevator or in the basement, except at the point where the girl's body was found. Inside of the large bin in the basement, there are several boxes covered over with corded bags, but there was no evidence of anyone having slept on these bags, although the Police claim that they found foot prints around these bags. The evidence of foot prints, dragging or any scuffle or dragging to where the body was found, was covered by curiosity seekers and the police, who trampled the ground and covered all signs of such evidence. It was my understanding that there were some signs of the girl's body bearing finger prints or their impression.

The staple and padlock on the rear sliding door leading into the basement were pulled out and were laying on a bench----inside of the door, which would make it appear as if the murdered had left the factory by this door. There were no blood stains around the entrance to the door and no other evidence showing that the door had been forced from the outside and the staple was very thin and wiry and could easily have been pulled out from the inside.

No money was found on the girl's body at the time same was found. The County Physician who examined the body stated that the girl has been criminally assaulted and that there were some blood stains on her underwear and also on her shirt.

The factory employs about 170 male and female hands.

Tonight I went to Bloomfield's undertaking establishment, and viewed the body of Mary Phagan, and noticed that there were three large bruises on her forehead and the right ear was badly bruised and there were finger nail impressions under the ear and there were also some finger nail impressions on her face. There was a deep gash in her neck and my understanding was that when the body was found, there was a piece of twine tied very tightly around her neck and the rim of her underskirt was also tied tightly around her neck. I was unable to make a thorough examination of the body as same was prepared for burial.

As there was nothing else that could be accomplished tonight. I discontinued at 11:30 P.M.

Reported
Atlanta 5/2/13.

S.

The following pages contain a correct copy of the report of W. D. McWorth dated May 16, 1913, and sent to the National Pencil Company on May 21, 1913.

W. D. McW. reports.

Atlanta, Georgia Friday May 16th, 1913.

At 7:00 A.M. on my way to Police Headquarters I met City Detective John Black, and questioned him in a general way regarding James Conley and Gordon (Snow) Bailey, Detective Black stated that both negroes were still confined at Police Headquarters, that Bailey had made a written statement, but that Conley stated that he could neither read nor write, but had stated that on Saturday, April 26th, 1913, he had been on Peters St. from 9:00 A.M. until 6:00 P.M., at about which hour, having no more money for beer, he had gone home.

At 8:30 A.M. in company with L. P. W. I went to #56 Bonnie Brae Ave., the residence of Mrs. White, finding that she had moved across the street to #59 Bonnie Brae Ave., Mrs. J. A. White, stated that on Saturday, April 26th, she had gone to the factory at about 12:30 P.M. to see her husband, who is employed as a machinist at the factory and was engaged in making repairs to the machinery on the top floor. Mrs. White left the factory at about 1:00 P.M., and as she went out, she noticed a negro sitting on a box at the left of the stairs on the ground floor. To the best of her recollection he was a black negro and dressed in dark clothing and hat, the particular style of which she did not note. We informed Mrs. White that we would send for her to see and possibly identify the negro she had seen on the box, and she stated that she was not positive that she could identify the negro, although she might be able to do so if he was sitting in the same position as she remembered him on Saturday, April 26th, 1913.

We then returned to Police Headquarters and there again interviewed Detective Black, who read us a memorandum of the statement of John Conley, who had stated to Black that he could not read or write and that therefore he could not make a written statement. The statement Conley did make to the Police was that on Saturday, April 26th, 1913, he had left his home at 9:00 A.M. and going to Peters St., had remained there until 6:00 P.M. and his money then giving out, he had gone home.

On leaving Police headquarters we went to the pencil factory, where I questioned Messrs, Holloway, Schiff, and Darley, as to Conley's ability to write. Mr. Holloway stated that Conley could read and write for he had often seen the negro with pencil and pad taking stock in the various bins. Both Messrs Schiff and Darley stated that to the best of their knowledge and belief Conley was able to read and write, Mr. Wade Campbell also stated that he had seen Conley writing. From Mr. Schiff I learned that Mr. Frank was paying one dollar per week from the salary due Conley to the jewelry firm of Patrick and Thompson, Alabama and Broad Sts.

We left the factory, and went to Patrick and Thompson's store, where I was given the contract that Conley had signed in purchasing a watch, paying for same on the installment plan. Mr. Boozer, collector for Patrick and Thompson, witnesses Conley's signature to the contract and stated that the negro could write. Mr. Boozer further stated that he had heard the collectors for Jones and Phillips, #297 Marietta St., and Saul and Abelson on Broad St. (both jewelry firms) state that Conley had bought watches from them also on the installment plan. Mr. Boozer further stated that on Saturday, April 26th, 1913, he had gone to the National Pencil Co. factory a little after 3:00 P.M. and had thought of going in to collect the dollar due from Conley, but as it was late and a holiday, he decided that no one would be in and he therefore continued on the Peters St., where between the hours of 3:30 P.M., and 6:00 he, Boozer, saw the negro Conley several times loitering around Peters St. Mr. Boozer is positive that he saw Conley, for he asked the negro the whereabouts of other negroes owing money on jewelry.

After obtaining the contract signed by Conley, we went to Saul & Abelson and Jones and Phillips, getting a contract signed by Conley.

We then proceeded to the Coleman home, #146 Lindsay St., and interviewed Mr. and Mrs. Coleman relative to a mesh bag, which was described by Mrs. Coleman, as being about five inches square with a bead fringe on the bottom. On the bag and up near the clasp on one of the flat sides, several links are missing and the chain handle has been broken and repaired. Mrs. Coleman could not recall that his daughter had any gold pins or other jewelry. In talking with Mr. Coleman he stated that the cord tied around the Phagan girl's neck had cut deep into the skin and flesh and that it was partly over and under the hem of the underskirt tied around her throat.

The cut and bruise which had flowed blood was located over and to the rear of the left ear. Mary Phagan had never mentioned any of the negro employees at the factory being familiar towards her or taking any liberties. Mrs. Coleman stated that it was the habit of her daughter to bring home her pay envelope intact except on occasions when she had to open it for the purpose of getting car fare or to make purchases for the home.

On leaving the Coleman home, we returned to town and to the Agency where comparison was made of Conley's signature on the three contracts and photographic reproductions in the newspapers of the notes reported to have been found beside the body of Mary Phagan. The handwriting appears to be identical, all characteristics being similar, particularly the "an" in Conley, which Conley writes "an" and the "on" in "long" of the sentence "long tall black" of the note found, this also being spelled "an" and not "on".

We then proceeded to the residence of Dr. Palmer (col) #283 W. Mitchell St., who stated that James Conley had been employed by him about four years ago for a period of one year, driving the doctor's buggy and taking care of the doctor's horse. The doctor found Conley to be honest but lazy and thriftless. The doctor has known the Conley family for about ten years, and to the best of his belief Conley can both read and write.

We then went to #92 Tatnall St., the residence of Conley's aunt, who stated that Conley did not live there, but had told her one day, about three months ago when she had met him in front of a motion picture theatre on Peters St., that he was living on Electric Ave. The name of the woman he lived with was Lorena. Conley's mother lived out on Humphries St., a block below the Baptist Church. She worked at the Capital City Laundry. Conley's aunt stated that she had not seen him for four or five weeks and then on Peters St., where she often saw him late in the afternoon or early evening. She further stated that Conley could read and write, he having attended the Mitchell St. school for two or three years.

We then went to #172 Rhodes St., and there interviewed Lorena Conley, (wife or sleeping partner of James Conley). She stated that she had lived with Conley for about three years and at first said they were married, but afterwards admitted they were not. Her former husband, by whom she had three children, died six years ago, his name being Jones.

She stated that on Friday evening, April 25th, 1913, Conley came home from work at about 7:30 P.M. She smelled beer on him, but he was not intoxicated. Conley left the house on Saturday at 8:00 A.M. saying that he had business on Peters Street returning not later than 2:00 P.M. She informed Conley that her rent was due and Conley gave her $3.00 (two paper dollars and two half dollars) for the rent, and then gave her a dollar and a quarter and a dollar and a half with which to buy groceries. She bought the groceries going alone. Shortly after Conley came home, she stepped down the street to borrow some snuff, and returning to the room, found it apparently unoccupied. She thinking that Conley had gone to town went to the washstand for some vaseline, and as she stooped to get it, Conley arose from behind the washstand with hat and coat on, frightening her badly, Conley stated that he had done this merely to frighten his wife. Conley did not leave home until Monday, April 28th, 1913, about 5:30 A.M. remaining at the house all day Sunday.

The blue shirt, for the washing of which at the factory Conley was arrested, had been worn all week previous to the murder by Conley without having been washed. Conley had one other shirt, a white one. Mrs. Conley is absolutely positive that Conley arrived home not later than 2:00 P.M., on Saturday, April 26th, 1913, and did not leave home again until Monday morning, April 28th, 1913.

We discontinued at 10:00 P.M.

Reported
Atlanta, 5/21/13