The indictment was not a conviction, but it was not empty paper either. It rested on a body examined by a county physician, a basement scene observed by police, a superintendent summoned under suspicious circumstances, physical clues in the factory, and a machinist’s second-floor discoveries. That is why the case moved forward. That is why Frank stood trial. And that is why, after the evidence was presented in open court, the jury convicted him and the higher courts left the conviction standing.
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Witnesses Five Through Eight Before the Fulton County Grand Jury in the Leo Frank Case
Fulton County Grand Jury Hearing Saturday, May 24, 1913, Atlanta, Georgia
The May 1913 Fulton County grand jury proceeding in the Mary Phagan murder case was closed to the public, thus no transcript survives of what each witness said inside the grand jury room. What does survive is the State’s indictment witness list, together with the sworn testimony those same witnesses later gave in open court during the trial of Leo M. Frank in Fulton County Superior Court.
This installment covers witnesses five through eight in the State’s grand-jury sequence:
5. W. W. “Boots” Rogers
7. Detective B. B. Haslett
These four witnesses widened the State’s case beyond the first physical discoveries. Rogers supplied Frank’s Sunday morning conduct and time-slip observations. Scott supplied Frank’s Monday account, the Pinkerton investigation, and the Conley trail. Haslett supplied the Monday morning police escort to headquarters. Hicks supplied the body identification and the second-floor metal-room layout.
5. W. W. “Boots” Rogers
Former County Policeman, Court Officer, and Early Scene Witness
The contemporary record identifies this witness as Woods White “Boots” Rogers.
Rogers was a former county policeman and, by trial time, was connected with Judge Girardeau’s court. He was not a doctor, factory worker, or city detective. His importance came from his presence in the first hours of the case discovery. He had an automobile, was at the station house when the Newt Lee call came in at 3:24 a.m., and drove the first responding party to the National Pencil Company building at 37 to 41 South Forsyth Street in downtown Atlanta.
Rogers was the fifth witness called before the grand jury on May 24, 1913. He later became the sixth State witness at trial, taking the stand on Wednesday, July 30, 1913.
At the factory, Rogers saw the early basement scene after Newt Lee led the party down. He confirmed that the body lay face downward, that notes were found nearby, and that Sergeant Dobbs turned the body over. Rogers was not interpreting medical evidence. He was fixing the first movement of the first responding party into the building on Sunday morning, April 27, 1913, after the Newt Lee call at 3:24 a.m.
Rogers then became important in the summoning of Leo Frank. Detective J. N. Starnes telephoned Frank and asked him to come to the factory. Rogers drove with city Detective John R. Black to Frank’s residence at 68 East Georgia Avenue. Mrs. Frank answered the door in a heavy White cotton bathrobe, and Frank came into the hall partly dressed for the street.
The most damaging part of Rogers’s testimony concerned Frank’s demeanor. Rogers said Frank asked whether anything had happened at the factory and whether the night watchman had called in a report, before the full facts had been laid out for him. Rogers described Frank as extremely nervous, jumpy in his questions, brisk in movement, and repeatedly asking for coffee. The State used this as part of its consciousness-of-guilt argument. Other witnesses stated that Leo Frank was firing off questions before the police officers had a chance to answer them.
The defense had a fair reply. Rogers admitted he had never seen Frank before that morning. That meant he could not know whether Frank’s quick speech, restless movement, or nervous manner was unusual for him.
Rogers also testified about the stop at P. J. Bloomfield’s undertaking establishment on South Pryor Street. He said Frank went with the party, but did not clearly step in close and look at Mary Phagan’s face, after the undertaker turned it toward view. The State used this episode to suggest avoidance. The defense answered that Rogers’s view was limited and that he could not swear exactly what Frank saw.
At the factory, Rogers testified that Frank opened the safe, took out the payroll book, ran his finger down to Mary Phagan’s name, and said she had worked there and had come in the previous day to receive $1.20.
Rogers quoted Frank as saying: “My stenographer left about twelve o’clock, and a few minutes after she left the office boy left and Mary came in and got her money and left.” This didn't provide an exact time for Mary's arrival but many interpreted it as she arrived at his office almost immediately after Alonzo Mann purportedly left at 12:03 pm. Though Mann stated he left at 11:30 a.m.
Rogers also said Frank opened the time clock, removed the slip, said the punches had been made correctly, inserted a fresh slip, and dated the removed slip “April 26, 1913.” Rogers said he glanced down the old slip and saw a punch for every number. That time-slip evidence later became important in the dispute over Newt Lee’s rounds and whether suspicion had been steered toward the night watchman (Defendant's Exhibit 1, Forged Time Card, Trial Brief of Evidence, 1913).
Rogers was a movement-and-demeanor witness. He connected the first police response to Frank’s conduct during the first hours after Mary Phagan’s body was found.
Pinkerton Detective and Private Investigator
Harry Scott was the Pinkerton detective most closely tied to the investigation for the pencil factory. The trial record identifies him as superintendent of the local Pinkerton branch, while some newspaper accounts before the trial call him assistant superintendent. Either way, his role was clear: he directed Pinkerton’s work in the Mary Phagan murder investigation.
Scott was the sixth witness in this grand-jury sequence and later became the eleventh State witness at trial. His position was unusual and ironic, because he had been hired through the National Pencil Company connected to Leo Frank, yet his testimony ultimately helped the prosecution rather than clearing Frank.
Scott testified that he first saw Frank on Monday afternoon, April 28, 1913, at the pencil factory. According to Scott, Frank said the company wanted an investigation made so the public would know the company was interested in clearing up the crime. Frank also said he had just come from the police barracks and that Detective John R. Black seemed to suspect him.
Scott then received Frank’s account of his movements on Saturday, April 26, 1913. According to Scott, Frank said he arrived at the factory about 8 o’clock in the morning, left between 9:30 and 10 o’clock with N. V. Darley on the Montag Brothers mail errand, remained at Montag Brothers about an hour, returned to the factory around 11 o’clock, saw Mrs. Arthur White come in before noon to visit her husband upstairs, paid Mary Phagan $1.20 at about 12:10 pm, heard voices after she left, went upstairs around 12:50 pm, left for home around 1:10 pm, returned around 3 o’clock, worked on financial matters, and left at 6:04 pm in the evening. Frank’s own later statement narrowed the Montag errand by saying he and Darley left the factory together, stopped at Hunter and Forsyth, and then Frank went on alone to Montag Brothers.
That testimony mattered because Scott preserved Frank’s early version of his own movements. The account touched Mary Phagan’s pay visit, the timing of her arrival, her alleged question about whether the metal had come, Mrs. White’s report of seeing a Black man on the street floor, Frank’s comments about Newt Lee, and Frank’s remarks about John M. Gantt.
The significance of Mary Phagan’s reported question about whether the sheet metal had arrived is that it could have supplied the immediate reason, or at least a plausible pretext, for movement toward the machine department.
Whether Leo Frank answered “No” or “I don’t know,” either response naturally invited a follow-up: “When is it supposed to come?” or possibly “Let’s go check," or "Let's find out.” In that sense, the exchange was not a meaningless bit of factory talk. It could be read as the verbal hinge between Mary’s arrival at Frank’s office to collect her pay and a possible movement down the hall toward the second-floor metal department, where the State later pointed to blood spots, white smearing, hair on Barrett’s lathe, and the disputed signs of violence.
The prosecution could therefore argue that Mary’s question about the metal was more than incidental. It potentially gave a practical workplace reason for her to be directed, accompanied, or drawn toward the very part of the factory where the State claimed the fatal encounter began, because the sheet metal was stored in the machine department.
Frank Directed Suspicion Toward Gantt
Scott testified that Frank said Gantt knew Mary Phagan very well, that he was familiar and intimate with her, and that Frank seemed to lay special stress on it. The State could use that testimony to argue that Frank knew more about Mary Phagan than he later admitted. Frank’s trial statement insisted that he did not know Mary Phagan personally. The Gantt remark therefore became a point of tension. How could Leo Frank claim to not know Mary Phagan, but know that she was allegedly intimate with James Gantt? Gantt was a family friend of the Phagans and he had a good reputation as someone who could be trusted.
The defense pushed back by showing that Scott had not put every detail into his reports and had not testified to every detail at the coroner’s inquest. Scott was also not fully certain whether the Gantt familiarity statement came directly from Frank or Darley, though Frank was present. That gave the defense room to challenge memory and emphasis.
Scott also described the factory inspection. He was shown the second-floor metal-room area where supposed blood spots had been chipped up, the machine where Mary's hair was said to have been found, and the dark spots with white smearing near the girls’ dressing room. Scott did not originally discover those items himself, but he became part of the investigative chain describing what police and private detectives were shown.
One of Scott’s most dramatic statements concerned the private-room confrontation between Frank and Newt Lee. Scott said he and Detective Black believed Lee knew more than he had told. They asked Frank, as Lee’s employer, to speak with him. Frank agreed, and the two were placed together in a room. Frank and Lee did not know that the police were listening intently immediately outside the room.
When Scott and Black returned, Lee was complaining about being handcuffed to the chair. Scott testified that Frank hung his head and said, “Well, they have got me too.” Scott described Frank as extremely nervous, squirming, crossing his legs, moving his hands over his face, breathing heavily, sighing, and hesitating. The defense pressed Scott hard because his written report did not preserve every detail in the same form he gave at trial.
While Leo Frank and Newt Lee were left alone together in a room, Lee later stated that Frank rebuked him for asking questions about the murder. According to Lee, Frank warned him to stop talking about it, saying that if he did not, they would both “go straight to hell.” The statement mattered because it turned what was supposed to be a private employer-to-watchman conversation into something more ominous: Lee portrayed Frank not as a man trying to help police get the truth, but as a man trying to silence the night watchman when the murder became the subject of discussion.
Scott also became central to the Jim Conley line. He testified at the trial about Conley’s statements of May 18, May 24, May 28, and May 29. He acknowledged that investigators told Conley when parts of his story did not fit. The defense used that to argue Conley’s story had been shaped under pressure. The State used it to argue investigators had exposed Conley’s lies and pushed him toward a fuller account. It is unknown if Scott testified at the grand jury hearing about Conley's May 24, 1913, morning admission about writing the death notes for Leo Frank.
Scott’s testimony also exposed a serious point of friction between the Pinkerton investigation and Frank’s legal circle. According to Scott, Herbert Haas wanted the Pinkerton reports submitted to the defense before they were turned over to the police. Scott said the agency would withdraw from the case before agreeing to withhold information from the authorities. This episode may be read alongside the broader Felder scandal, in which Thomas B. Felder was accused of trying to obtain evidence for purposes favorable to the defense. In both controversies, the underlying issue was control of evidence: who would see it first, who could shape its use, and whether unfavorable material would reach the police and prosecution unfiltered or at all. Scott’s testimony therefore mattered not only because of what he said about Frank, but because it suggested that the Pinkertons resisted becoming a private evidence-screening arm for Frank’s defense.
Scott’s later role did not end with the murder trial.
Pinkerton’s National Detective Agency later sued the National Pencil Company for an unpaid bill connected with the Phagan investigation and prevailed. That civil case showed the collapse of the relationship between the National Pencil Company and the detective agency it had hired after the murder.
Scott was a bridge witness at the trial. He connected Frank’s Monday account, the company’s private investigation, the second-floor evidence as shown to investigators, the Lee confrontation, and later the Conley trail.
7. Detective B. B. Haslett
Atlanta Police Detective and Escort Witness
Detective B. B. Haslett was an Atlanta Police Department detective working during the early phase of the Mary Phagan investigation.
Haslett was the seventh witness in this grand-jury sequence and later became the sixteenth State witness at trial. His testimony was short but important. He established the Monday morning police contact with Frank and the moment when Frank was brought directly into the police investigation.
Haslett testified that he went to Frank’s house on Monday morning after the murder, about 7 o’clock. He said he got Frank and took him to the station house because Chief of Detectives Newport Lanford wanted to see him. Frank remained at police headquarters for two or three hours.
On cross-examination, Haslett’s testimony clarified that Frank’s trip to police headquarters was not treated as a casual request. Haslett said that he and Detective John R. Black both went to Frank’s house that Monday morning and brought him to the station, where Luther Rosser and Herbert Haas appeared around 8:30 or 9 o’clock. When pressed on whether Frank was free to refuse, Haslett made the point plainly: if Frank had resisted, the officers would have taken him anyway. In ordinary practice, he explained, two officers went after a person because voluntary cooperation was preferred, but refusal did not end the matter. That exchange made Haslett’s testimony more significant. It showed that, by Monday morning, Frank was no longer being handled as a distant employer assisting the investigation. He was being brought into police headquarters as a central figure whose movements and statements demanded closer scrutiny.
That detail matters. On Sunday morning, Frank had been summoned to the factory. By Monday morning, detectives were going to his home and taking him to headquarters. Haslett fixed the transition between cooperation and compulsion.
Haslett did not describe the body, the cord, the notes, the blood spots, the hair on the lathe, or the factory layout. His value was procedural and investigative. He showed when Frank was brought into police headquarters, under what circumstances, and how the inquiry was shifting toward a closer examination of Frank’s statements and conduct.
8. Grace Hicks, Mixed-Value Witness for the Prosecution
Metal-Room Worker and Identification Witness
Grace Hicks was a young employee of the National Pencil Company and a co-worker of Mary Phagan in the metal department. She had worked at the factory for five years and had known Mary nearly a year. She was also connected with W. W. “Boots” Rogers, who helped bring her into the early identification process.
Hicks was the eighth witness in this grand-jury sequence and later became the seventh State witness at trial. She was one of the most practical witnesses in the case because she knew the second-floor metal room as a worker. She knew where Mary worked, where the dressing room was, where the closets were, where the machines stood, and how the girls moved through that part of the factory.
Her first major function was identification. Mary Phagan’s body had been found dirty, disfigured, and difficult for the first officers to identify immediately. Hicks identified the body at the undertaker’s establishment on Sunday morning, April 27, 1913. She said she knew Mary by her hair. She described Mary as fair-skinned, light-haired, blue-eyed, heavy built, and well developed for her age.
Hicks also gave important testimony about the second-floor layout. She testified that Mary worked on the second floor in the metal room, the same room where Hicks worked. Mary’s machine was right next to the dressing room, the first machine there. Hicks described separate closets for men and women on that floor, divided by a partition. In going to the office from the closets, she said, a person would pass the dressing room and Mary’s machine within two or three feet.
This mattered because the State’s theory placed the beginning of the crime near the second-floor metal department, close to the women’s dressing room and the area where Barrett later described a blood-like stain, white smearing, and a broom. Hicks gave the jury a worker’s map of that space.
Hicks also testified about Frank’s regular presence in the metal department. She said that during the previous twelve months, Frank passed through the metal department looking around every day. Sometimes she saw him talking to men near the clocks, and he came back to the metal room to see how the work was getting on. This testimony undercut any picture of Frank as a superintendent wholly detached from the second-floor department where Mary had worked.
Her testimony cut both ways. The State used Hicks to place Frank in regular contact with the department and to locate Mary’s machine beside the disputed area. The defense used Hicks to show that Frank rarely spoke to the girls. Hicks said that during five years at the factory, Frank had spoken to her only three times. She had never seen Frank speak to Mary Phagan, and she had never seen Mary speak to Frank.
Hicks remembered the three times Frank spoke to her. Once, while showing a man around the factory, he saw her leaning on her arm, nearly asleep at her machine, and said, “You can run this machine asleep, can’t you?” Another time she asked him for a quarter and he loaned it to her. The third time was on the street, when he tipped his hat. The defense used these details to argue that Frank’s limited contact with female employees was normal.
Hicks also gave the defense useful testimony about factory conditions. She said the metal-room floor was awfully dirty, that white material used in the department got all over the floors, and that after two or three days it could be hard to tell what was on the floor once dust and dirt mixed together. She also said girls sometimes sat at the machines and combed their hair. When she wanted to curl her hair, she sometimes went to a table near the window, lit the gas, and used a poker. She also said Magnolia Kennedy’s hair was nearly the color of Mary Phagan’s.
The defense used those admissions to challenge the certainty of the lathe-hair evidence. The State answered with timing and location: Barrett said the hair was not on his lathe Friday when he last used the machine and appeared after the murder weekend.
Hicks also testified that paint was kept in the polishing room across from the dressing room and that she had seen drops of paint on the floor leading from the polishing-room door toward the cooler. The defense could use that to argue alternative explanations for some floor markings. The State still had Barrett, Starnes, Scott, and others describing the second-floor stains and white smearing as suspicious.
Grace Hicks was important because she identified Mary Phagan, placed Mary’s machine beside the dressing room, described the second-floor metal department, confirmed Frank’s daily passage through that department, and supplied workplace facts both sides tried to use.
How These Four Witnesses Fit the Indictment Theory
Rogers, Scott, Haslett, and Hicks extended the evidentiary structure already begun by Hurt, Dobbs, Starnes, and Barrett.
Rogers supplied the Sunday morning sequence: the drive to the factory, the trip to Frank’s home, Frank’s nervous demeanor, the stop at the undertaker’s, the payroll-book identification of Mary Phagan, and the first observations about the time slip. Scott added Frank’s Monday account, including the timing of Mary Phagan’s pay visit, the statement about John M. Gantt, the second-floor evidence shown to investigators, the private-room confrontation with Newt Lee, and the developing Jim Conley investigation. Haslett fixed the Monday morning police escort to headquarters, marking the point when Frank became a central figure in the inquiry rather than an outside employer assisting officers. Hicks identified Mary Phagan, placed her machine next to the women’s dressing room, described the second-floor metal department, confirmed Frank’s regular passage through that area, and supplied workplace details both sides tried to use.
By the time these witnesses appeared before the grand jury on Saturday, May 24, 1913, the State had a coherent case: a medical foundation, a basement discovery scene, an investigative response, second-floor physical evidence, Frank’s conduct, Frank’s own statements, police questioning, body identification, and metal-room geography.
The grand jury did not have to decide final guilt. It needed probable cause, and these witnesses helped provide it. Their testimony showed why the case moved beyond suspicion, into indictment, and then into open court.
The trial jury convicted Leo M. Frank on Monday, August 25, 1913. Judge Leonard Strickland Roan sentenced him to death by hanging on Tuesday, August 26. The Georgia Supreme Court affirmed the conviction, and the United States Supreme Court rejected Frank’s federal habeas effort in Frank v. Mangum, 237 U.S. 309 (1915). Governor John M. Slaton commuted the death sentence of his lawfirm's client, Leo Frank, to life imprisonment on June 21, 1915, but the commutation did not vacate the conviction. The 1986 pardon addressed the State’s failure to protect Frank while in custody; it did not declare him innocent.