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Friday, May 2nd, 1913

200 Witnesses To Be Called When Inquest Into Slaying of Factory Girl Is Resumed Next Monday—Felder to Aid State.

The exact facts in the Phagan case as this edition of The Georgian goes to press can be stated as follows:

First. The Coroner's inquest is not yet ended. It has been adjourned until Monday afternoon next; and until it is ended the State is not likely to take hold of the case except in so far as Solicitor General Dorsey may deem it necessary to acquaint himself with facts that may aid him when the Coroner's jury renders its verdict. After this is done the case is turned over to the Solicitor General, as the chief prosecuting officer of Fulton County.

SECOND—It is reported that a large number of witnesses—200—are to be subpoenaed by the Coroner's jury, and that both Lee and Frank will testify.

THIRD—The functions of a Coroner's jury consist of hearing preliminary testimony, and holding persons under suspicion for the Grand Jury, which is the legal body that finds indictments against those accused of crime. Investigation before the Grand Jury is on evidence and is much more complete than before the Coroner's jury.

FOURTH—Solicitor - General Dorsey's conference with Chief of Police Beavers and Chief of Detectives Lanford yesterday was not to express dissatisfaction with the police, but to acquaint himself more fully with facts not yet made public.

FIFTH—Officials of the jail declared to-day that visitors will not be allowed to see either Frank or Lee, but, of course, counsel will have free access to them.

SIXTH—The absurd report that State troops were to be called out, of course, has no foundation in facts. This rumor was published in some of the State papers and by an unimportant morning daily of limited circulation.

SEVENTH—The report that William J. Burns is to come to Atlanta is of doubtful origin. The last heard of Mr. Burns he was in Europe.

EIGHTH—Friends of Frank are coming forward in his defense and are making a vigorous defense for him. It is reported that M. Frank, an uncle, who is very wealthy, will employ the ablest legal talent to defend Frank.

Rosser Asked for Transfer.

The transfer of the prisoners from the police station was made on the request of Luther Z. Rosser, who declared that the authorities had no legal right to keep the prisoners at the police station when they were being held under suspicion of a State crime.

Asked if he would seek to have orders given that no one should talk with the prisoners, as was done in the Grace and Appelbaum cases, Attorney Rosser said to-day that he, of course, would not consent to having the prisoners harassed continually by friends and curiosity seekers, but that he would have no objections at all to the visits of the detectives.
Transcript
00:00Police still puzzled by mystery of Fagan case. Atlanta, Georgian, Friday, May 2, 1913.
00:06200 witnesses to be called when inquest into slaying of Factory Girl is resumed next Monday.
00:12Felder to aid state. The exact facts in the Fagan case as this edition of the Georgian
00:16goes to press can be stated as follows. First, the coroner's inquest is not yet ended. It has
00:22been adjourned until Monday afternoon next, and until it is ended, the state is not likely to
00:27take hold of the case except insofar as Solicitor General Dorsey may deem it necessary to acquaint
00:32himself with facts that may aid him when the coroner's jury renders its verdict. After this
00:38is done, the case is turned over to the Solicitor General as the Chief Prosecuting Officer of Fulton
00:43County. Second, it is reported that a large number of witnesses, 200, are to be subpoenaed by the
00:49coroner's jury, and that both Lee and Frank will testify. Third, the functions of a coroner's jury
00:55consists of hearing preliminary testimony and holding persons under suspicion for the grand
00:59jury, which is the legal body that finds indictments against those accused of crime.
01:04Investigation before the grand jury is on evidence and is much more complete than before the coroner's
01:09jury. Fourth, Solicitor General Dorsey's conference with Chief of Police Beavers and Chief of Detectives
01:14Lanford yesterday was not to express dissatisfaction with the police, but to acquaint himself more fully
01:20with facts not yet made public. Fifth, officials of the jail declared today that visitors will not
01:26be allowed to see either Frank or Lee, but of course counsel will have free access to them.
01:31Sixth, the absurd report that state troops were to be called out, of course, has no foundation in
01:36facts. This rumor was published in some of the state papers and by an unimportant morning daily of
01:41limited circulation. Seventh, the report that William J. Burns is to come to Atlanta is of doubtful
01:46origin. The last heard of Mr. Burns he was in Europe. Eighth friends of Frank are coming forward
01:51in his defense and are making a vigorous defense for him. It is reported that Monsieur Frank, an uncle
01:57who is very wealthy, will employ the ablest legal talent to defend Frank. Rosser asked for transfer.
02:03The transfer of the prisoners from the police station was made on the request of Luther Z. Rosser,
02:08who declared that the authorities had no legal right to keep the prisoners at the police station
02:12when they were being held under suspicion of a state crime, asked if he would seek to have
02:17orders given that no one should talk with the prisoners, as was done in the Grace and Applebaum
02:22cases. Attorney Rosser said today that he, of course, would not consent to having the prisoners
02:27harassed continually by friends and curiosity seekers, but that he would have no objections at all to the
02:33visits of the detectives. Frank and Lee were removed from the police station to the tower quietly
02:39and without any show of demonstration, effectually disposing of the report that the people of the
02:44city had been wrought up to a pitch of excitement where they were anxious to take the law into their
02:50own hands. Curious crowd avoided. The usual crowd of curious persons had gathered in front of the police
02:56station, but the officers avoided them by taking the two men out the rear way and hurrying them over to
03:02the
03:02jail in automobiles. The groups of persons who were encountered in the brief trip made no comments,
03:08but looked on in silence. It was evident that the public mind comprehended the uncertainty of the
03:14guilt of either of the two men, and that the person responsible for the death of Mary Fagan
03:19might even be still at large. Frank was the first out of his automobile and hurried into the jail to
03:25avoid the photographers. Lee seemed more calm and undisturbed, stopping before he entered the jail
03:30doors to pose at the request of a cameraman. The transfer of the men came after it had been decided
03:35to
03:36adjourn the inquest, which had been called for 4.30 o'clock in the afternoon. Coroner Donohue was
03:42informed of important evidence that had not yet been presented and which still was in an indefinite
03:47state. It was his opinion that the interests of the investigation would best be served by postponing
03:53further questioning of witnesses until Monday. Girl not on streets afternoon. The result of the last 24
03:59hours of the work of the detectives has been to prove quite conclusively that Mary Fagan was not
04:05seen on the streets of Atlanta, either in the heart of the city or near her home, after noon Saturday
04:11when she went to the pencil factory to obtain her pay envelope. A half dozen persons were on hand soon
04:17after the death of the girl to testify that they had seen her at one place or another at some
04:21time after
04:22she was known to have gone into the factory. Their stories conflicted so greatly with the probabilities
04:27of the case that the story of each man was run down carefully by the detectives who gave their whole
04:33time to this phase of the investigation. In each case, the witness was found either positively or quite
04:39probably to be mistaken, and the detectives were able to go back to their original theory that the
04:44girl did not leave the building after drawing her pay. Felder to aid prosecution. To aid in the
04:50investigation, Thomas B. Felder, member of the law firm of Felder, Anderson, Dillon, and Whitman,
04:56has been engaged to assist the Solicitor General in the prosecution. He was retained by a committee
05:02of the citizens from the Bellwood community in which was the dead girl's home. Mr. Felder said
05:07today that he already had started a private investigation when he was retained and that he
05:12would have an abundance of evidence within a few days. He refused to discuss the report that
05:17Byrne's detectives had been employed.
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