Wednesday, 20th May 1914: Indictments Will Be Considered By Jury, The Atlanta Journal

Bills Growing Out of Rehearing of Frank Case Will Be Discussed Friday

Bills of indictment growing out of the hearing on the extraordinary motion in behalf of Leo M. Frank for a new trial will be considered by the Fulton grand jury at its session beginning Friday morning at 10 o'clock. This became known on good authority Wednesday following adjournment by the grand jury until that day and hour. Assistant Solicitor E. A. Stephens, who is to have charge of the matters before the grand jury, is engaged now in preparing a number of bills against individuals involved by developments in the extraordinary motion hearing. It is expected that about a dozen of these bills will be considered Friday. No witnesses have been subpoenaed yet.

Twenty-three true bills in routine cases were returned Wednesday by the grand jury. These included three indictments for assault with intent to murder, carrying concealed weapons, and vagrancy against William Briggs, who on April 7 stabbed and wounded Policeman W. A. Garrett while the officer had him under arrest.

Detective Burns' Permit Revoked by Police Board

By revoking the detective agency permit of C. E. Sears, manager of the Atlanta branch of the W. J. Burns National Detective Agency, the board of police commissioners Tuesday night put itself on record as being opposed to the operation in this city of the detectives who recently investigated the Frank case. The board wanted to revoke the license of Sears and would have done so, except for a ruling by City Attorney Mayson that this was beyond the board's authority. Attorney Mayson explained that a detective agency license is issued by the city clerk on recommendation of the police board. He said the board could rescind its recommendation on which the license of Sears was issued, but could not revoke the license itself. He said not even the city clerk could revoke the license. Only the General Council would have this authority, he said.

Accordingly, the board revoked its recommendation, or permit, and then passed a resolution recommending that Council revoke the license. Sears' license is the one under which Burns has operated in Atlanta, previous to as well as during the Frank investigation. The grounds on which the board revoked Sears' permit, as set forth in the resolution introduced by Commissioner Andy R. King, were:

Reasons for Action

First, that Sears agreed to handle only banking business, as an agent of the American Bankers' Association, which agreement he has violated. Second, that Sears agreed to submit to the chief of police the names of all operatives he wished to employ, and to employ none who were turned down by the chief, which agreement he has violated.

Sears was present at the meeting and undertook to say a word in his own defense, but the vote on the King resolution was taken almost immediately following its reading by the clerk and the board did not stop to listen to him. He seemed to consider this a rather high-handed course for the board to pursue, and announced that he would be back next Friday night with his lawyer, who is Judge Arthur G. Powell. Dan Lehon, manager of the New Orleans Burns Agency, who is in Atlanta and was present at the board meeting, said Wednesday morning that the Burns Agency will make a vigorous fight to protect its rights in Atlanta.

A special adjourned meeting will be held Friday night to hear the report of a committee of three appointed to find out the names of all the operatives employed in Burns' investigation of the Frank case. On account of the absence of Commissioner R. T. Pace, one of the candidates for chairman of the board, there was no balloting for the election of a chairman, the board having unanimously agreed at a previous meeting to take no ballots for chairman with any member absent.

S. J. Roberts, formerly chief of the detective department, was elected a sergeant to succeed Sergeant W. H. Turner, who recently died. Roberts was removed from the command of the detective department in a political shakeup some years ago and has since been a patrolman. More recently he has been assigned to the traffic squad.

Nine nominations by Chief Beavers were made before the board finally elected Roberts, the nominations being submitted in groups of three each. Detective J. H. Norris, charged with aiding a witness to get out of the city, was suspended for twenty-nine days and severely reprimanded. The charges against Patrolman B. B. Haslett about two weeks ago for using abusive language to the son of Alderman Mc Donald were upheld by the board and the chief was instructed to administer a reprimand to Haslett, who apologized to Mr. Mc Donald. Patrolman Paul B. Perison and F. G. Smith, charged by M. Venable with breaking down the front door of his home when they went after him on a blind tiger raid, were dismissed.

The board passed a resolution praising Chief Beavers and all of his men for their splendid work during the Shrine convention, and recommended to Council that all the members of the force be paid two days' extra time therefor.