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You Are Employed to Hunt Down the Murderer, It Matters Not Who He Is," Luther Rosser Informs Detectives

Grand Jury to Probe Mystery Next Week; Solicitor Dorsey States He Wants All Evidence Ready Before Opening Hearing

Officials of the Pinkerton National Detective Agency, brought into the Phagan case through the National Pencil Company's connection to Leo M. Frank, recently approached company authorities to clarify the terms of their engagement. Speaking in the presence of Frank's counsel, Luther Z. Rosser, the Pinkerton representatives stated their position directly.

"We want to make our position clear," they said. "The Pinkertons have been employed to apprehend the murderer of Mary Phagan. That is our intention, and if anybody can find her slayer, we can. Shall we continue on the case?"

Rosser, who has served as Frank's attorney since the superintendent was first detained, did not hesitate.

"Find the murderer of Mary Phagan," he told them. "Work with the police, work with anyone, work any way that might lead you to success. 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 Men on the Case

Five carefully selected operatives, working under Assistant Superintendent Harry Scott, are assigned exclusively to the Phagan mystery. Scott is coordinating with city authorities through Detective John Black of headquarters.

It should be noted that Rosser has represented the National Pencil Company for several years, primarily in civil matters. When Frank was first detained, Rosser was engaged in his capacity as the company's counsel, not as Frank's personal attorney. Reports suggesting he was hired directly and personally by Frank have been incorrect.

Rosser visited Frank at his cell in the Tower on Sunday, though the meeting was brief. He told a reporter he had simply inquired after Frank's health and had not discussed the case. Frank received a number of other visitors throughout Sunday, including several of his former classmates from Cornell University, from which he graduated.

The Girl in Red

Fresh rumor breathed new energy into the search for the so-called "mysterious girl in red," a woman said to have appeared at a Marietta grocery store and claimed she had accompanied Mary Phagan to the pencil factory on the day of the murder. A squad of detectives and members of the Solicitor's staff have been combing the communities in and around Smyrna, Marietta, and Mapleton in search of her.

Having turned up nothing to establish her identity, investigators are beginning to question whether the woman exists at all, and suspect she may be the invention of an overactive imagination.

Grand Jury Will Act Next Week
Transcript
00:00Find guilty man, Frank's lawyer told Pinkerton's Atlanta Constitution, Monday, May 12, 1913,
00:06you are employed to hunt down murderer it matters not who he is, Luther Rosser informs detectives.
00:12Grand jury to probe mystery next week solicitor Dorsey states that he wants all the evidence
00:17ready to submit to jurors before opening hearing. Officials of the Pinkerton National Detective
00:22Agency, who were brought into the Fagan case through Leo M. Frank, recently went to authorities
00:27of the National Pencil Company. It is stated, and in the presence of Leo M. Frank's counsel,
00:33Luther Z. Rosser said, We want to make our position clear. The Pinkertons have been employed to apprehend
00:39the murderer of Mary Fagan. That is our intention, and if anybody can find her slayer, we can.
00:45Shall we continue on the case? Mr. Rosser, who has been retained as Frank's attorney since the
00:50superintendent was first arrested, spoke up, Find the murderer of Mary Fagan. Work in cooperation
00:56with the police work with anyone. Work any way which might lead you to success. Let your chips fall
01:02where they may. You are employed to hunt the murderer until he is found and convicted. It
01:07matters not who is guilty. Five men on case. Five picked men under command of Assistant Superintendent
01:13Harry Scott are working exclusively on the mystery. Scott, through Detective John Black of headquarters,
01:20is working in cooperation with the police. For several years, Attorney Rosser has represented the
01:25National Pencil Company, mostly in civil cases. When Frank, the plant superintendent, was first
01:31detained by the police, Mr. Rosser, in capacity of the concerns counsel, was chosen to represent him.
01:38It has erroneously been reported that the well-known lawyer was retained personally by the suspected man,
01:43and was engaged when Frank was first detained. The prisoner was visited in his cell at the tower
01:49Sunday by Mr. Rosser. They were together only a short while. To a Constitution reporter, Mr. Rosser
01:55stated that he had only inquired about Frank's health and had not discussed the case. Among the large
02:01number of visitors to Frank during Sunday were several classmates of Cornell, of which college he
02:06is a graduate. The girl in red. The rumor that the mysterious girl in red, who is said to have
02:12appeared in a Marietta grocery store and announced that she had accompanied Mary Fagan to the pencil
02:17factory, had again shown up and told of her alleged visit with the victim to the plant,
02:22injected renewed energy into the widespread search for her. A squad of detectives and members of the
02:28solicitor's staff are scouring the community in and around Smyrna, Marietta, Mapleton, and the
02:34neighboring section. Because of their inability to find further clues of the mysterious girl's identity,
02:39the sleuths are beginning to doubt her existence and believe she is a product of some fanciful brain.
02:44Grand jury will act. The mystery of Mary Fagan's murder Sunday morning was 14 days old. No progress
02:51was made throughout the day by either the solicitor's staff or the detective department.
02:56It remains in precisely the same status as was reported by the Sunday newspapers.
03:01Solicitor Dorsey stated last night, however, that he was undecided as to whether or not he would submit
03:06the case to the grand jury when it met this week. It would probably be next week, he said,
03:11before such action would be taken. This report will surprise the hundreds of persons who placed
03:16credence in the rumor that the Fagan case would go before the jury Monday morning.
03:20Want substantial case. The solicitor's plan in delaying, he said to a reporter for the Constitution,
03:26is to place his case upon a firm foundation before submitting it to the jurors. He was asked if he
03:32did
03:32not think that the case against the superintendent and Negro watchman, in its present state, was
03:38sufficient to merit indictments. No, I do not mean that, he answered. I will not commit myself in
03:43that respect. What I do mean, however, is that I desire to consider the case more carefully,
03:48sifting out the unimportant and building up the important details so as to expedite the work of
03:53the jury. The efforts of the solicitor on Sunday were confined to examining a number of men concerned
03:58in the mystery. He would not state the nature of the examinations or divulge the names.
04:03They were of but little importance, though, he admitted. Public kept well informed.
04:08Mr. Drosey, in surveying the significant evidence now at hand, stated that the public, through the
04:14newspapers, had been kept well informed of progress made by the detectives and members of his staff.
04:20The newspapers, he said, have kept admirably abreast of our investigation. There is little,
04:25if anything, to disclose in the line of new developments. Harry Scott, in command of the
04:31staff of Pinkerton men at work on the case, voiced the same opinion as held by the solicitor
04:36general. The press has informed the public of all the headway made in the Fagan mystery.
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