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Dorsey Launches Independent Investigation Into Phagan Murder Case

No New Leads Since Suspects' Transfer to Tower; Officials Dismiss Swirling Rumors; Coroner's Inquest Set to Resume Monday at 2 P.M.

Solicitor General Hugh M. Dorsey has quietly deployed investigators of his own into the Mary Phagan murder case, it emerged Friday — marking what many consider the most significant development of the day. Dorsey declined to reveal how many men he has working the case or what, if anything, they have uncovered.

The city spent much of Friday drowning in unfounded rumors, including widespread whispers that one or both suspects had confessed. Officials were forced to repeatedly deny the claims, calling them entirely without basis.

Coroner Paul Donehoo, who has subpoenaed more than 100 witnesses, confirmed the inquest will resume Monday at 2 o'clock. He cautioned against impatience, noting that in many difficult cases, months have passed before detectives could pin guilt on the right person.

A Growing Army of Investigators

Beyond the city detectives and Dorsey's team, the National Pencil Company's Pinkerton agents are also active on the case, with two additional operatives joining Friday. Pinkerton representative Harry Scott was direct about his mission: "It doesn't matter whom it hits — we want to find the guilty man and hand every piece of evidence to the state." Colonel Thomas B. Felder, hired by citizens near the Phagan home, is also reported to have a private detective agency working the mystery.

Suspects Moved, Headquarters Quiets Down

Following Thursday's transfer of Leo M. Frank, superintendent of the National Pencil factory, and nightwatchman Newt Lee to the county jail on coroner's warrants, police headquarters returned to relative calm. Chief of Detectives Lanford ordered his men to stop speaking publicly about the case after complaining that even limited statements had been exaggerated and misquoted.

The transfer was prompted partly by legal concerns — both men were arrested in connection with a state, not a city, matter, raising questions about the legality of holding them at police headquarters.

Two Suspects Released

Arthur Mullinax, held on a witness account placing him with Mary Phagan near midnight on the Saturday of her death, was fully cleared and released. He took it in stride. "I knew I was innocent," he said, "and was confident everyone else would know it too." His only concern was whether he had lost his job. Chief Lanford personally promised to help him get it back.

James Milton Gantt was also freed after habeas corpus proceedings. The warrant against him was dismissed.

Militia Scare Fizzles

Transcript
00:00Solicitor Dorsey is making independent probe of Fagan case. Atlanta Journal, Friday, May 2,
00:051913. Page 1, Column 5. Outside of solicitor's activity, there have been no developments since
00:12the suspects were transferred to tower groundless rumors denied by officials. Chief Lanford's busy
00:17running down tips. Coroner's inquest will be resumed on Monday afternoon at 2. The Atlanta
00:22Journal has published every fact and development in connection with the mysterious murder of Mary
00:27Fagan. The journal will continue to print news of further developments and additional evidence as
00:32the investigation proceeds. No fact has been suppressed, nor will any news relating to the
00:37hunt for solution of the crime be withheld from the public. Many silly reports about a confession
00:43having been made by one or both of the prisoners held on suspicion in the case have been circulated,
00:48but they are without the slightest foundation. An independent investigation. Forces in the employ
00:54of the Solicitor General, Hugh M. Dorsey, are making an independent investigation of the Fagan
00:59murder case. It was learned Friday. The Solicitor General refuses to state just how many men he has
01:05at work on the mystery or who they are. They have developed nothing, however, which he is willing to
01:10give out for publication. The city was filled with foolish rumors throughout the morning Friday,
01:15and officials were called upon to deny dozens of groundless reports. Coroner Paul Donahue, who has
01:21more than one hundred witnesses subpoenaed, declares that the inquest will certainly be resumed at two
01:26o'clock Monday afternoon. The coroner says that the investigation is as thorough and exhaustive as it
01:32is possible to make it, and every report that reaches him is being probed. It is not surprising,
01:37said the coroner, that the mystery has not been solved by this time, and the fact that the crime cannot
01:42now be laid at the door of any individual, and that person brought immediately to trial, is no
01:47indication that the guilty party will never be brought to justice. In many instances, where the
01:53detectives have had as little to start with as in this case, it has taken them months to finally
01:59establish the guilt of the right party. Many detectives at work. In addition to the city
02:06detectives, the Pinkertons employed by the National Pencil Company, and the officers employed by the
02:12Solicitor General, it is said that many other private detectives are working on the mystery.
02:17Colonel Thomas B. Felder has been employed by a number of citizens living in the vicinity of the
02:22home of the slain girl, to assist the state in the case, and while he will make no statement,
02:27it is reported that he has a private detective agency trying to solve the mystery. Solicitor Dorsey
02:33was in conference on Friday with a number of the city detectives, who have been assigned to the task
02:37of finding Mary Fagan's murderer, and the fact that he has actively entered the case is considered the
02:43most important development of Friday. There will certainly be no grand jury action in the matter,
02:48however, until Monday. The grand jury, which has been on duty for the past two months, was discharged
02:53Friday, and another grand jury will not be organized until Monday. Detectives not talking.
02:58Following the transfer of Leo M. Frank, superintendent of the National Pencil Factory, and Newt Lee,
03:04night watchman, to the county jail from police headquarters on coroner's warrants late Thursday
03:08afternoon, and the release of J. M. Gant and Arthur Mullinax, Chief of Detectives Lanford has
03:13issued instructions to his men to talk with no one about the case, and to make direct reports to him.
03:19The chief is himself very reticent about developments in the case. He declares that his
03:23orders were issued because the few statements made by himself and his officers have been repeatedly
03:28exaggerated, and in many instances he and his men have been misquoted.
03:32The transfer of the two principal figures in the case to the tower has resulted in things again
03:37assuming a normal attitude about police headquarters. The detectives Friday morning were
03:42busy running down the many rumors and tips which have come to their ears. The officers are literally
03:48bombarded by tips, and despite the fact that practically all of them prove valueless when
03:53investigated, the officers have scattered in every direction, shifting every report to the bottom.
03:58No need for militia. No need for? On reports from sources which he considered reliable,
04:06Governor Brown Thursday night advised Adjutant General Nash to communicate with officers of the
04:115th Regiment with a view to having the National Guard in readiness should the necessity arise.
04:17The Governor states that he did not go to the extent of suggesting that the National Guard be
04:21mobilized. He simply recommended that the Adjutant General request the officers of the regiment to be
04:27prepared for such steps. In the event, current rumors were to materialize. The Governor also
04:32communicated with the jail authorities and with the police. In carrying out the suggestion of the
04:37executive, Colonel E. E. Pomeroy gathered a few members of the 5th Regiment at the armory.
04:42No efforts were made to mobilize troops, and by 11.30 o'clock those who had reported were allowed to
04:48return to their homes. In the meantime, an investigation had developed that the rumors were
04:52groundless. Deputy sheriffs and automobiles rushed over the entire city looking for any excitement,
04:58and they declare that never had Atlanta been more quiet. Reason for transfer. Mr. Frank and the
05:04Negro Lee were transferred to the tower on the coroner's warrants, because it is said there is
05:08considerable doubt of the legality of holding them at police headquarters, as both have been arrested in
05:14connection with a state, not a city case. The warrants are similar in all respects, save that in one
05:19Leo M. Frank, superintendent of the pencil factory, is named, and in the other Newt Lee,
05:25the Negro Night Watchman, is named. The warrant against Mr. Frank reads as follows.
05:30Georgia, Fulton County, to the jailer of said county. Greetings. You are hereby required to
05:36take into custody the person of Leo M. Frank, suspected of the murder of Mary Fagan, and to
05:41retain the said Leo M. Frank in your custody pending a further investigation of the death of said
05:46Mary Fagan, to be held by the said coroner of said county. Herein fail not. Given under my hand an
05:52official signature this the first day of May, 1913, signed.
05:56Paul Dunhu, coroner, inquest delayed. Mr. Frank and the Night Watchman were transferred to the tower
06:03immediately after coroner Paul Dunhu swore his 160 witnesses, the employees of the pencil company,
06:09and adjourned the inquest until two o'clock next Monday afternoon.
06:12The coroner's decision to postpone the inquest from Thursday afternoon until Monday afternoon
06:17was reached after a conference with Chief of Police Beavers and Chief of Detectives Lanford.
06:22The reason assigned for the postponement is a desire to give the detectives additional time
06:27to work on the case. Mullinax goes free. Arthur Mullinax, the young man who has been in jail for
06:32several days, held on the statement of E.L. Centell that he, Centell, saw Mullinax and Mary Fagan
06:38walking on Forsyth Street about midnight Saturday, has been completely exonerated. Mullinax took his
06:44release calmly, as he did his arrest. I have never been worried, he said, for I knew I was innocent
06:50and was confident that in a little time everybody else would know it too. I am not sore because I
06:55have been arrested. If that girl had been my sister, I know that I would have wanted the officers to
07:00lock
07:00up every man against whom there was any suspicion and hold him until things cleared up. I guess I have
07:06lost my job. That's the only thing which worries me. Chief Lanford told the released man that he would
07:11make a personal effort to see that he got his position back. Mullinax has been working with the towel
07:16supply company. Gant also liberated. The release of James Milton Gant followed that of Mullinax. When
07:23habeas corpus proceedings were started for Gant by his attorneys, he was transferred from headquarters
07:28to the tower, and Chief Lanford had to get an order from Judge George L. Bell of the Superior Court
07:34before he had authority to release the man. The warrant drawn against Gant in Justice F.M.
07:39Powers Court has been dismissed. Many theories offered. Theories of how Mary Fagan met her death
07:44and by just what system her murderer can be brought to justice are flooding the office of the detectives.
07:49People are calling over the phone to tell the officers just how they should proceed.
07:54Many of them come in person, and the office is in receipt of hundreds of letters from this
07:58and half a dozen other states, giving advice and theories. Many of the letter writers are anonymous,
08:04but most of the people sign their names. Several letters have been received from criminologists,
08:09who are willing to divulge their theories only for money. Several letters have come from seers and
08:14mystics, who have communed with the spirits and learned in that way the identity of the murderer.
08:20Among the interesting callers at police headquarters Friday were two ladies who have dreamed about the
08:26murder. Both say that they distinctly saw Mary Fagan in her desperate battle with the murderer.
08:31The ladies arrived within a short time of each other, but their dreams didn't coincide.
08:35Both gave the chief accurate descriptions of the murderers of their dreams.
08:39Frank, in good spirits. Mr. Frank got a good night's sleep Thursday night and Friday.
08:44He was in a cheerful frame of mind. Many friends called to see him during the day,
08:49and Mr. Frank talked to them freely. He is confident that when the coroner's investigation
08:53has been concluded, his absolute innocence will have been established. Pinkerton's after truth.
08:59The position of the Pinkerton detectives employed by the National Pencil Company in the murder case
09:05has occasioned considerable comment about police headquarters. When asked about the matter,
09:10Harry Scott, the representative who was working on the mystery and assisting the city officers,
09:15declared that he and his men were out simply after the truth.
09:18It doesn't matter whom it hits, said Mr. Scott. We want to do everything in our power to find the
09:24guilty man, and if we find him, we are going to give every bit of our evidence to the state
09:29authorities and lend our assistance in securing his conviction. This is just like any other case with
09:34us, and in all of them we go after the facts, regardless of whom they help or hurt. When, for
09:39instance,
09:40we are investigating a bank robbery and find that the crime was committed by an employee or an official,
09:45we disclose the facts just as if the guilty man had been a highwayman. Two additional Pinkerton men
09:51went to work on the case Friday, assisting Mr. Scott and the city detectives.
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