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Grand Jury Presentation Not Likely This Week as Solicitor Works to Strengthen Evidence

The Mary Phagan murder case may not reach the Grand Jury this week. Solicitor General Hugh M. Dorsey indicated as much Monday morning as he began the painstaking work of sorting through the massive volume of testimony gathered by the Coroner's jury and city police, separating what is essential from what is not.

The delay is deliberate. Dorsey wants all critical evidence arranged in a clear and systematic form before he places the matter before the Grand Jury. He stated plainly that he will not present the case until he has carefully sifted through every piece of evidence in hand.

Asked when the case might reach the jury, Dorsey said he had no fixed timeline, only that it would happen at the earliest possible moment once a proper case had been assembled. Grand Jury Foreman L. H. Beck confirmed that the jurymen are standing by, ready to convene on short notice whenever the Solicitor gives the word.

"While the jury has the right to call on the Solicitor to present the case at any time, we will wait until he says he is ready," Beck said. "We are holding ourselves in readiness and can assemble in a comparatively short while."

Dorsey said recent developments have given him reason to believe the case could reach the jury before the end of the week, with Friday being a possibility. Even so, he acknowledged that each new piece of evidence requires corroboration and investigation of its reliability, making some degree of delay unavoidable as the case continues to develop.

Private Detective Working Independently

Dorsey made clear Monday that he is placing significant confidence in his own private detective, whom he described as the best in the country. The investigator is working entirely independently of both the Pinkerton agency and city detectives, and Dorsey said the man is making meaningful progress in the deeply complex case.

Pinkertons Directed to Find the Truth

The Pinkerton National Detective Agency, retained by the National Pencil Company, has been given firm instructions to pursue the investigation wherever it leads. Operatives recently sought direction from Luther Rosser, the company's attorney, who was equally firm in his reply.

"Find the murderer of Mary Phagan," Rosser told them. "Work with the police, work with anyone, work any way that might bring results. Let your chips fall where they may. You are employed to hunt the murderer until he is found and convicted. It matters not who is guilty."

Five Pinkerton operatives are currently assigned to the case under Assistant Superintendent Harry Scott. They are coordinating with city authorities through Detective Black.

Frank Receives Attorney Visit

Leo M. Frank received a brief visit from Rosser at his cell in the Tower on Sunday. The meeting was short, and Rosser described it afterward as a social call, saying the case itself was not discussed.
Transcript
00:00Fagan case is delayed. Atlanta, Georgian, Monday, May 12, 1913. Not likely to go to
00:06grand jury this week. More time taken to strengthen evidence. Evidence in the Fagan
00:11case may not be presented to the grand jury this week. This was the intimation given by
00:15Solicitor General Hugh M. Dorsey Monday morning as he began the process of elimination of the
00:21unimportant matter contained in the great mass of evidence collected by the coroner's jury and
00:26police officials. The postponement of its presentation to the grand jury is to permit
00:30the collection in systematic form of all the essential details of the evidence. Dorsey
00:36declared Monday that the case would not be given to the grand jury until he carefully had sifted all
00:41of the evidence obtained. He explained Monday morning that he had no idea at what time the
00:46case would get to the grand jury other than at the earliest possible moment after a case is made out.
00:52Foreman L. H. Beck, of the grand jury, asserted the jurymen were under orders to hold themselves
00:57in readiness for a call from the Solicitor to act on the case. While the jury has the right to
01:02ask
01:02the Solicitor to present the case at any time, we will wait until he says he is ready, said Beck.
01:07We are holding ourselves in readiness and can assemble in a comparatively short while.
01:12The Solicitor said today that developments in the case the last few days led him to believe the
01:17case would get to the jury at an early meeting and that it was not improbable it would be acted
01:22upon
01:22by Friday, but that as progress was made in the case and new evidence brought to light the necessary
01:28work in corroborating it and investigating its reliability made some delay absolutely necessary.
01:34Mr. Dorsey also made it clear today that he was depending largely on the efforts of his private
01:39detective, the best in the country, who was working independently of the Pinkertons or city
01:44detectives. He said the man was making progress in the baffling case. The Pinkertons have instructions
01:49to find the murderer, no matter who he may be. Operatives of the agency employed by the National
01:55Pencil Company recently put the matter squarely up to Luther Rosser, the company's attorney. He said,
02:01urge diligent search. Find the murderer of Mary Fagan. Work in cooperation with the police. Work with
02:07anyone. Work any way that might lead you to success. Let your chips fall where they may. You are employed
02:13to hunt the murderer until he is found and convicted. It matters not who is guilty. Five men from the
02:19detective agency are working on the case under the direction of Assistant Superintendent Harry Scott.
02:24Through City Detective Black, the Pinkertons work in connection with the city police.
02:29Leo M. Frank was visited by Mr. Rosser at his cell in the Sour Tower Editor, Sunday. They were together
02:35only a short while. Mr. Rosser stated he had only paid a social visit and had not discussed the case.
02:41Chief of Detectives Lanford said Monday that he was satisfied with the progress of the case so far.
02:47He said that the investigation unavoidably had been slow and burdened with a mass of evidence,
02:53much of which would have to eliminate it in the final consideration of the case.
02:57He was pleased with the new developments, which he said added much strength to the line of evidence
03:02his men are building up.
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