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The Atlanta Constitution,

Tuesday, 26th May 1914,

PAGE 1, COLUMN 4.

Recommendation of Police Board Adopted: Broyles Tries Cases Against Detective's Agents Today.

Because of alleged failure to cooperate with the local police and for violating his pact with the Police Commission, C. E. Sears, the right-hand man of Detective William J. Burns, will not, in the future, operate with the sanction of Atlanta's General Council. Acting on the recommendation of the Police Board, the Council Monday afternoon approved the revocation of the license under which Detective Sears now operates as the Personal Representative in Atlanta of the William J. Burns Detective Agency. The sentiment in Council was almost unanimous, and a storm of protest arose when it was suggested that the license now held by Sears be allowed to remain in force for thirty days longer, at which time it expires under the law. Council's action means that, if Sears continues to operate under the license issued to him, he will subject himself to prosecution. Under the law, the Council has the right to revoke the license of any private detective or agency at any time for failure to abide by the rules of the Police Department.

If Sears has the right to continue to operate, he must first go to the courts and get protection through an injunction or some other process. Commenting on the action of the Council, Detective Sears stated that he did not know what would be the attitude of Detective Burns. He would not discuss the probability of Burns continuing his investigation of the Frank case. While there was a unanimity of opinion that Burns should be prevented from operating in Atlanta, there was also a sentiment in favor of allowing the agency to remain here until the expiration of the license now held by it.

"Atlanta has received some undesirable publicity since this case originated," said Alderman Albert Thomson. "If Council kicks Burns and his agency out of Atlanta, the truth will not be told, and it will be made to appear that Atlanta has formed itself into a mob to suppress the truth. I am not defending Burns nor his methods. I believe he should be kicked out. But I don't believe this to be the proper time to do it." Councilman George Boynton said that he favored revoking the license of the Burns Agency, but explained that, inasmuch as the present license only had thirty days more to run, Council should allow the agency to run to its end. The motion to revoke the license was adopted.

The cases against the six Burns agents, which include Charles E. Sears, manager of the local branch; Dan S. Lehon, superintendent of the southern forces, and W. W. (Boots) Rogers, will be tried before Recorder Broyles this afternoon at 2:30 o'clock. A strong defense has been prepared by attorneys for the accused men, and an effort will be made by counsel to annul the action of the police board and Council in revoking the operating license of the noted sleuth's agency.

The Grand Jury will again take up the Frank case this morning. This will be the first time that the jury has met since last Saturday, when five indictments were returned as a result of an investigation into the C. B. Ragsdale perjury phase. It is reported that the jury will take up today the charges of subornation against C. W. Burke and Jimmie Wrenn, which also involve alleged perjury of a number of witnesses who recanted their trial testimony in affidavits that were produced by the defense.

The charges of contempt of court against Dan S. Lehon and Detective Burns will also come up this morning at 10 o'clock before Judge Ben Hill. This phase of the various prosecutions directed at Lehon and Burns has been continued frequently prior to this time. Upon the return of Lehon's counsel, Judge Arthur Powell, however, it is definitely stated that there will be no further delay. The contempt charge is based on the action of the Burns agents in sending Annie Mae Powell, the negro woman witness, away from the city, after she made the affidavit in which she accused Jim Conley of having confessed to her the murder of Mary Phagan.

Attorneys for the defense and prosecution began work yesterday, remodeling the Bill of Exceptions, which will take the motion extraordinary for a new trial into the Supreme Court, in an effort to have Judge Hill's decision reversed. The solicitor demanded that the bill be remodeled before it be presented to Judge Hill for his certificate.

Grand Jury to Probe County Board Charges

Following the completion of its investigation into the Frank case, the Grand Jury will, in all probability, conduct a probe into the pre-election charges of graft that have been made in the board of County Commissioners. A request has been made to B. L. Willingham, foreman of the Jury, by Tull C. Waters, the commission chairman, for an inquiry into alleged irregularities in the body. This request, in the form of a letter, will be put before the Jury.

The plea of Commissioner Waters is given cooperation by Commissioner W. Tom Winn. A mass meeting to take definite action upon the proposed investigation will be held Tuesday by voters of the Fourth and Eighth Ward Improvement Club at 9 o'clock at the North Avenue school, at North Avenue and Hunt Streets.

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