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#MurderofMaryAttention in the Mary Phagan murder investigation shifted Saturday toward the grand jury, as the two-week-old case moves closer to a formal proceeding that could result in indictments against one or both of the men already ordered held by the coroner's jury.

Those two men are Leo M. Frank, superintendent of the National Pencil Factory where the tragedy occurred, and Newt Lee, the negro night watchman who discovered the body. Neither has yet been formally charged, and no indication has been given as to precisely when bills against them will be placed before the grand jury.

When the Jury Will Act

The grand jury is not scheduled to convene until next Friday, though Solicitor General Dorsey or the jury's foreman may call the body together on just a few hours' notice. Dorsey has stopped short of making any firm commitment, but it is apparent from his preparations that he does not intend to present the case until late in the week, most likely Thursday or Friday. The grand jury has been specially charged to investigate the murder and retains the authority to summon witnesses before it at any time of its choosing.

Should the grand jury return a true bill, the unusual level of public interest in the case makes it possible that a trial could be set as early as the week of May 19th, when the criminal division of the superior court next convenes under Judge L. S. Roan.

Felder Returns, Denies Hiring Burns

Thomas B. Felder, the prominent Atlanta attorney retained by citizens of the Bellwood district where Mary Phagan lived, returned Saturday morning from a week in New York and Washington. He described the trip as professional business connected to the Phagan case but declined to elaborate.

Felder directly denied reports that he had engaged William J. Burns, the nationally known detective, to come to Atlanta and work on the investigation. Burns, Felder said, is currently in Europe. The two have worked together on cases in the past.

It has been rumored that Felder intends to put the fee paid by the Bellwood citizens toward hiring private detectives from the east, and that he plans to contribute his own time and legal skill to the prosecution without taking personal compensation. Felder would neither confirm nor deny any part of that account, and declined to say whether he had engaged any outside investigators to assist the Atlanta officers.

Solicitor in Conference Throughout the Day

The center of activity in the investigation moved Saturday from police headquarters to the office of the solicitor general, where Dorsey spent most of the day in private conference with witnesses and detectives. Among those who met with him was Dr. H. F. Harris of the State Board of Health, who has twice examined Mary Phagan's exhumed body.
Transcript
00:00Grand Jury to Consider Fagan Case This Week, Atlanta Journal Sunday, May 11, 1913.
00:05Interests in the investigation of the mysterious murder two weeks ago of Little Mary Fagan
00:10centered Saturday in the Grand Jury. Two men, Leo M. Frank, superintendent of the Pencil Factotry,
00:16where the tragedy occurred, and Newt Lee, Negro night watchman, have been ordered held by a
00:21coroner's jury, but no intimation has been given as to the time when bills against the two men
00:26will be presented to that body. The jury is not due to hold a session until next Friday,
00:31but the Solicitor General or the Foreman can call the body together on a few hours' notice.
00:36While the Solicitor will make no definite statement, it is apparent that he will not present the case
00:41to the Grand Jury until the latter part of this week, Thursday, or Friday. However, the Grand Jury
00:48has been especially charged to probe the murder, and it is in the power of its members to order the
00:53witnesses in the case before it at any time. Earliest trial, May 19th. Owing to the unusual
01:00public interest in the cases, it is possible that if the Grand Jury secures a true bill,
01:05the trial might be set for the week of May 19th, when the Criminal Division of the Superior Court,
01:11Judge L.S. Roan, presiding, next convenes. Thomas B. Felder, the well-known attorney who has been
01:18retained by citizens in the Bellwood District, where the slain girl lived, returned Saturday
01:24morning from a week's trip to New York and Washington. Mr. Felder made the trip to attend
01:28a professional business said to be in connection with the Fagan case. Mr. Felder denied that he
01:33had employed William J. Burns, the famous detective, to come to Atlanta in person in an effort to solve
01:38the mystery. Mr. Burns, who has before worked on cases for Mr. Felder, is now in Europe, according
01:44to the latter. It has been rumored that Mr. Felder is determined to utilize the fee which will be paid
01:49him by the Bellwood citizens for assisting in the prosecution of the case to employ a private
01:54detective, said that Mr. Felder will lend his time and energy to the case without compensation.
01:59Mr. Felder declined to discuss this rumor, and would not say whether or not he had employed any
02:04eastern detectives to help the Atlanta officers ferret out the mystery. Solicitor sees witnesses.
02:10The activity in the Fagan investigation was transferred Saturday from police headquarters
02:14to the office of Solicitor General Dorsey, who was in conference with witnesses and detectives
02:19working on the case during the greater part of the day. Among his visitors was Dr. H. F. Harris of
02:25the State Board of Health, who twice exhumed the body of Mary Fagan. Later, the solicitor is said
02:31to have conferred with Dr. J. W. Hurt, the county physician, whose evidence has never been made
02:36public. All of the witnesses seen by the journal Saturday declare that they are under instructions
02:42not to discuss the case, and the utmost secrecy shrouds the work of the solicitor's force and
02:48the city detectives.
02:49of the police.
02:49of the police.
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