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Subpoenas Compel Two Factory Officials to Surrender Books and Documents; Formal Inquiry Still Set for Next Week

BURNS DETECTIVE AGENCY TO ENTER PHAGAN INVESTIGATION

Atlanta's Three Daily Papers Each Pledge $100 Toward Fund; Felder Says Agent Arrives Within Hours

Solicitor General Hugh M. Dorsey moved decisively on Friday to gather evidence in the Leo Frank case, invoking a subpoena duces tecum to compel the National Pencil Company to surrender its books and business papers for grand jury examination.

Deputy Sheriff Plennie Minor served the subpoena on Herbert G. Schiff and M. B. Darley, both officials of the pencil factory, directing them to appear before the grand jury at 11 o'clock Friday morning with the documents in hand. The papers were sought as evidence in the pending case of the state of Georgia versus Leo M. Frank.

The appearance of the two men before a sitting grand jury session quickly set off speculation across the courthouse that formal proceedings in the Phagan murder case were already underway. Solicitor Dorsey moved to correct that impression without delay.

The grand jury was engaged in routine business at the time, he explained, and the subpoena should not be taken as a sign that the Phagan matter was before it. The solicitor reaffirmed that nothing has changed his plan to formally lay the murder case before the grand jury on either Thursday or Friday of the coming week.

In preparation for that presentation, Dorsey has been meeting with witnesses throughout each day, devoting long hours to organizing testimony and building the prosecution's foundation ahead of the scheduled hearing.

THREE PAPERS ANSWER FELDER'S CALL

Attorney Thomas B. Felder's public campaign to retain the William J. Burns Detective Agency on the Phagan case gained swift momentum on Friday, as all three of Atlanta's major daily newspapers stepped forward with financial pledges.

The Atlanta Constitution led the way Friday morning with a contribution of $100. The Atlanta Georgian followed that afternoon with a matching pledge, and The Atlanta Journal added a third $100 contribution before the day was out, bringing the total raised to $300.

Mr. Felder reported that he had received encouraging telephone calls from a number of private citizens prepared to add to the growing fund. A group of well-known Atlanta society women is also credited with first proposing the idea of bringing Burns to the city, and Mr. Felder noted they have been giving freely of both their time and their personal resources to see the effort through. At his request, their names were not disclosed.

According to Mr. Felder, the practical result of these efforts will come quickly. A Burns operative from the agency's New York office is expected to reach Atlanta within hours and will begin his investigation immediately upon arrival.
Transcript
00:00Books and Papers in Fagan Case in Grand Jury's Hands, Atlanta Journal, Friday, May 16, 1913.
00:062. Employees of Pencil Company appeared before Grand Jury Friday in answer to Subpenis Felder
00:11raising fund to pay W.J. Burns. The journal subscribes $100. Mr. Felder declares a Burns
00:17investigator will be put on the case at once by means of a subpoena. Deuces Teacum, Solicitor
00:23General Hugh M. Dorsey. Friday obtained possession of a number of books and papers of the National
00:28Pencil Company. The subpoena was served on Herbert G. Schiff and M.B. Darley, two officials
00:34of the Pencil Company, by Deputy Sheriff Plenty Minor, and the two men were ordered to have
00:39the papers before the Grand Jury at 11 o'clock Friday morning for use as evidence in the case
00:45of the State v. Leo M. Frank. At that hour Friday morning, the Grand Jury was holding a routine
00:50session and the service of the subpoena occasioned the rumors that the Grand Jury was ready to
00:55go into the case. No phase of the Fagan mystery actually went before the Grand Jury, however,
01:01and Solicitor Dorsey stated that no circumstances had as yet arisen, which will change his determination
01:07to present the Mary Fagan murder case to the Grand Jury on either Thursday or Friday of next week.
01:13Many witnesses in the case were before Solicitor Dorsey during the day Friday, and he is working
01:19many hours each day to get the case in proper shape for presentation to the Grand Jury at that time.
01:24The Journal gives $100. The appeal of Attorney Thomas B. Felder to the public to raise a fund
01:30to employ William J. Burns on the Fagan case has met with an instant response. Friday morning,
01:36the Atlanta Constitution contributed $100 to the fund. Friday afternoon, the Atlanta Georgians
01:41subscribe $100, and the Atlanta Journal swells the fund with another $100. Mr. Felder states that
01:48he has been in telephonic communication with a number of gentlemen who will make contributions
01:52to the Burns fund. Several ladies well known in society are said to have originated the idea of
01:58raising a fund to bring the great detective here, and they are giving their time and money to this
02:03end, according to Mr. Felder, who does not wish to announce the names of the contributors.
02:08Mr. Felder declares that an investigator from Burns' New York office will be in Atlanta within a few
02:13hours, and he will immediately commence the probe. Burns himself, according to Mr. Felder,
02:18will hasten his return from Europe to come to Atlanta to work on the Mary Fagan mystery.
02:23When asked about the probably probable entry of the great detective into the case,
02:28Mr. Dorsey Friday authorized the following statement,
02:30must work independently. Mr. Burns will be welcome. We are delighted to have aid in arriving at the truth,
02:36no matter from what source. Mr. Burns would have, so far as this office is concerned, however,
02:42to obtain his information firsthand. We accept the statement without question that Mr. Burns'
02:47employment is in entire good faith, but our attitude toward his, so far as this office is concerned,
02:53is exactly the same as towards the Pinkertons. They will be expected to give, but not to receive.
02:59The work being done by the local detectives is entirely satisfactory.
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