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  • 2 days ago
Sunday, May 25th, 1913

following affidavit concerning his connection with the Phagan case and with A. S. Colyar.

Georgia, Fulton County—Personally appeared before the undersigned, an officer authorized by law to administer oaths, C. W. Tobie, who, first, being duly sworn, deposes and says:

That he is a citizen of Chicago, with offices in the First National Bank building of that city, and that he is manager of the criminal department, west, of the William J. Burns National Detective agency; that he has occupied this position for the past ten months; that he has been connected with the William J. Burns National Detective agency, as manager of the Kansas City, Mo., branch office, since May, 1910; that for a year prior to that time he was connected with the Tilletson Detective agency, correspondents of the William J. Burns National Detective agency; that prior to that time deponent was connected with the Pinkerton National Detective agency for a period of nine years; that he severed his connection with the Pinkerton National Detective agency in May, 1909.

Charge Is False.

Deponent says, on oath, that the statement that he was discharged by said agency is utterly, absolutely and deliberately false; that he resigned from said agency, and not under compulsion, but of his own volition.

Deponent further says, on oath, that during the period of his labors as a detective covering the United States, Canada and some of the foreign countries, his work has never been brought into question, and his character as a man and detective has never been assailed.

Deponent further says, on oath, that about two weeks ago he was instructed by Raymond J. Burns, the secretary and treasurer of the William J. Burns National Detective agency, who was acting under instructions from his father, to come to Atlanta on a murder case and report to Colonel Felder. Arriving in Atlanta he had a conference with Colonel Felder, and immediately entered upon the work at hand. Later he had a lengthy conference with Colonel Felder and Hon. Hugh M. Dorsey.

Working to Find Murderer.

Deponent further says, on oath, that for the past ten days he has been diligently at work in an effort to unearth the Phagan murderer or murderers; that during this time no hint, suggestion or proposition has been made to him by either Jew or Gentile, man, woman or child, to work in the interest of Frank, or any other suspect; that during this period he has acted conscientiously, faithfully and diligently in an effort to ferret out the mystery and place the crime upon the shoulders of the guilty party. At no time has deponent ever been requested, required or instructed to investigate the police or the detective department, or, in short, to perform any other duty in connection with his stay in Atlanta except the duty which brought him to this city, namely, the investigation of the Mary Phagan case.

Transcript
00:00C.W. Tobey, Burns' agent, tells of the conferences he held with S. Collier,
00:04Atlanta Constitution, Sunday, May 25, 1913, following affidavit concerning his connection
00:10with the Fagan case and with A.S. Collier. Georgia Fulton County personally appeared
00:14before the undersigned, an officer authorized by law to administer oaths, C.W. Tobey, who first
00:21being duly sworn, deposes and says that he is a citizen of Chicago, with offices in the first
00:27National Bank building of that city, and that he is manager of the criminal department,
00:31West, of the William J. Burns National Detective Agency, that he has occupied this position for
00:37the past ten months, that he has been connected with the William J. Burns National Detective Agency
00:42as manager of the Kansas City MOA branch office since May 1910, that for a year prior to that time
00:50he was connected with the Tillotson Detective Agency, correspondence of the William J. Burns
00:55National Detective Agency, that prior to that time, deponent was connected with the Pinkerton
01:00National Detective Agency for a period of nine years, that he severed his connection with the
01:05Pinkerton National Detective Agency in May 1909, charges false. Deponent says on oath that the
01:12statement that he was discharged by said agency is utterly, absolutely, and deliberately false,
01:17that he resigned from said agency, and not under compulsion, but of his own volition.
01:22Deponent further says on oath that during the period of his labors as a detective covering the
01:27United States, Canada, and some of the foreign countries, his work has never been brought into
01:32question, and his character as a man and detective has never been assailed. Deponent further says on
01:38oath that about two weeks ago he was instructed by Raymond J. Burns, the secretary and treasurer of the
01:44William J. Burns National Detective Agency, who was acting under instructions from his father,
01:48to come to Atlanta on a murder case and report to Colonel Felder. Arriving in Atlanta he had a
01:53conference with Colonel Felder, and immediately entered upon the work at hand. Later he had a
01:58lengthy conference with Colonel Felder and Honorable Hugh M. Dorsey, working to find murderer. Deponent
02:04further says on oath that for the past ten days he has been diligently at work in an effort to
02:10unearth the
02:10Fagan murderer or murderers, that during this time no hint, suggestion, or proposition has been made to
02:16him by either Jew or Gentile, man, woman, or child, to work in the interest of Frank, or any other
02:22suspect, that during this period he has acted conscientiously, faithfully, and diligently, in an
02:28effort to ferret out the mystery and place the crime upon the shoulders of the guilty party. At no
02:33time has deponent ever been requested, required, or instructed to investigate the police or the
02:38detective department, or in short, to perform any other duty in connection with his stay in Atlanta
02:44except the duty which brought him to the city, namely the investigation of the Mary Fagan case.
02:50Deponent further says on oath that the statement imputed by an afternoon paper to Collier to the
02:56effect that I informed him at the Piedmont Hotel that I was going to Colonel Felder's office to meet
03:01a committee of citizens, among whom were Mr. Hirsch, Mr. Meyer, and Mr. Greenstein, and several other
03:07prominent Jews in the city, is a deliberate, malicious, and willful falsehood. As a matter of fact,
03:13I never heard of either one of these gentlemen until I read their names in the papers on yesterday
03:17afternoon, and I have never met them or either of affidavits, whereupon the said Collier elsewhere,
03:23and deponent firmly believes that this statement is made as a part of a well-planned conspiracy to
03:28discredit his efforts, and the efforts of Colonel Felder, to unearth the Fagan murderer or murderers,
03:34when he met Collier. Deponent further said, on oath, that he never laid eyes on Collier in his life
03:40until he met him at the office of Colonel T.B. Felder on Sunday evening, May 18. At the time
03:46of
03:46deponent's arrival at said office, the conference between Collier and Colonel Felder, which had
03:51evidently been brief, was drawing to a close, and at Collier's invitation I made an appointment to
03:57meet him at the Piedmont Hotel on the following morning, as he stated that he had very important
04:02information in connection with the Fagan case, which he desired to impart to deponent. After meeting at
04:08the Piedmont Hotel, the said Collier stated to deponent that he had a number of affidavits involving
04:14the chief of police and chief of detectives, which he desired to submit to him, that he was not here
04:19on that mission, and declined to examine the telephonic communications from him, stated to
04:24said deponent that the city police and detective departments were undertaking to discredit Colonel
04:28Felder's, Solicitor General Dorsey's, and deponent's efforts, and added that deponent had three things to
04:34fight, to wit, jealousy, politics, and money, and repeated it by saying, remember now, you are up
04:41against JP and M. Deponent reached the conclusion almost instantly that this man was a crook and
04:47humbug, and thereupon ended the interview abruptly, and although he has received numerous telephonic
04:52communications from him since, he has declined to meet him at his hotel or elsewhere in the city of
04:57Atlanta. Toby has been obstructed. Deponent further says on oath that he is advised and believes that in
05:03his diligent efforts to unravel the Fagin mystery, he has been obstructed by some secret agency at
05:08every turn of the road. In his efforts to interview witnesses, he has found them reluctant to answer
05:14questions and to give him necessary information, with the result that deponent reached the conclusion
05:19that said witnesses were acting under instructions in their conduct. Deponent further says on oath that
05:26there is nothing in the Fagin mystery different to other mysteries, and that with the cooperation of
05:31the agencies that should be in sympathy with the efforts of the William J. Burns National Detective
05:36Agency, guilt should be fastened upon the real criminal by absolute and conclusive evidence.
05:42C. W. Toby, sworn to and subscribe before me this 24th day of May, 1913, Benedict Kobach,
05:50Notary Public, Fulton County, Georgia.
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