Chronological Story of Developments in the Mary Phagan Murder Mystery

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Journal
July 27th, 1913

April 27—The dead body of Mary Phagan is found in basement of National Pencil factory at 3 a. m. by Newt Lee, the negro night-watchman. Police hold Lee, who yater [sic] in the day re-enacts discovery of the remains before city detectives.

April 27—Leo M. Frank, superintendent of the Pencil factory, called from bed to view Mary Phagan’s body at

April 27—Arthur Mullinax arrested on information given the police by E. L. Sentell, who declared he saw the murdered girl in the former’s company at 1220 o’clock on the morning of the murder.

April 28—Coroner Donehoo empanels in metal room on second floor and blood splotched on the floor lead police to believe the girl was killed there.

April 28—Coroner Donehoo empanels jury for inquest, it meets, views body and scene of crime and adjourns.

April 28—The largest crowd that ever viewed a body in Atlanta sees Mary Phagan’s remains at [t]he undertaking chapel.

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The Exoneration of Leo Frank is Coming and Nothing Can Stop It

GEORGIA: The Black Fulton County D.A. Paul L. Howard, Jr., announces the new “Conviction Integrity Unit” specifically designed to exonerate Jewish sex-strangler Leo Frank and reverse his conviction for murdering a 13-year-old White girl. Howard is flanked by former Gov. Roy Barnes and Melissa D. Redmon, director of the University of Georgia Law School.

by Steve Voes

THIS INFORMATION COMES WITH permission directly from an insider source who has given me reliable information in the past, whose name I absolutely must keep confidential and who has been keeping me abreast of developments of this nature.

My government insider associate has informed me that Leo Frank, the Atlanta B’nai B’rith president who strangled little Mary Phagan, a 13-year-old White girl who worked in his factory, to death after sexually assaulting her there, will be “exonerated” in 2019. This has been a goal of organized Jews for over a century.

The fix is in. A “deal” has been made between Jews — and the Black establishment that now nominally rules once-White Atlanta — and a remnant of pathetic, truckling, corrupt White officials.

Previously, the strong evidence against Frank, and the once-proud tradition of honor among Southern Whites, made exoneration impossible and it was repeatedly rejected despite the strongest pressure from Jews.

Blacks, too, had previously been resistant to exonerating Frank, and it was a Black nationalist group, the Nation of Islam, which had published one of the best books on the Frank case, The Lynching of a Guilty Man, in 2016 (which was made into an audio book by the American Mercury). Many Blacks also strongly resented the efforts of the pro-Frank forces, which included the ADL, to successively frame two innocent Black men, Newt Lee and James Conley, for the crime. The effort to frame Conley, who died nearly 60 years ago, continues even today.

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Leo M. Frank Will Go to Trial Monday, It Is Now Believed

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Journal
July 27th, 1913

Indications Were Saturday Night That the Trial Would Begin Before Judge Roan at Hour Scheduled

BOTH SIDES READY AND BITTER FIGHT IS CERTAIN

Many Well Known Citizens In Venire From Whom the Twelve Jurors Will Be Chosen for Trial

If both sides answer ready when the clerk “sounds” the case of the “State of Georgia versus Leo M. Frank” in the criminal division of the superior court at 9 o’clock Monday morning, what is expected to be the most brilliant as well as one of the most bitter legal fights in the criminal history of the state will have commenced.

The stage has been set for the trial, and on the eve of the battle there was no intimation from any one in authority that the trial would not actually be commenced. For weeks the state and defense have been preparing for the struggle, which is to come Monday, and only an extraordinary motion from the defense, which is not now expected, will delay the trial.

Leo M. Frank, Cornell graduate and man of education and refinement, is charged with the murder of Mary Phagan, a fourteen-year-old factory girl, whose lifeless body was found in the basement of the National Pencil factory, of which he is superintendent, on April 27 by a negro night watchman.

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Frank Watches Closely as the Men Who are to Decide Fate are Picked

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian (Hearst’s Sunday American)
July 27th, 1913

This newspaper article is a continuation from the first page of an Atlanta Georgian newspaper. The first page is missing from our archives. If any readers know where to obtain the first part of this article, we would appreciate any help! Thank you!

[…] Mary Phagan by strangulation. This was followed by the request of the defense that the State’s witnesses be called, sworn and put under the rule.

The prosecution opened by announcing its readiness to go on with the trial and called the list of witnesses. Bailiffs brought them down from the second floor. In regular order called, their names were: Mrs. J. W. Coleman, mother of Mary Phagan; J. W. Coleman, the girl’s stepfather; George Epps, newsboy; L. S. Dobbs, policeman; W. W. Rogers, bailiff for constable; L. S. Starnes, detective and also prosecutor on the indictment; Pat Campbell, detective; Grace Hicks, girl who identified Mary Phagan’s body; J. M. Gantt, once held for inquiry, now supposed, to be a star witness for the prosecution; Harry Scott, the Pinkerton detective; R. P. Barrett, pencil factory employee; B. P. Haslett, policeman; M. [sic] V. Darley, factory employee; W. A. Gheesling, undertaker that cared for the girl’s body; Dr. Claude Smith, City Bacteriologist; Dr. H. F. Harris, member of the State Board of Health; Dr. J. W. Hurt, Coroner’s physician; E. L. Parry, court stenographer; E. S. Smith, Monteen Stover, girl employee at pencil factory; Minola McKnight, cook at Frank’s home; Albert McKnight, Minola’s husband (McKnight did not appear in court); Helen Ferguson, Mrs. Arthur White, wife of factory employee, and L. Stanford.

Agree on Conley Affidavits.

Attorney Reuben Arnold asked concerning the duces tecum that he had served on the State’s attorneys for the affidavits of Jim Conley and others. On the promise of Solicitor Dorsey that he would produce the affidavits whenever needed the duces tecum was waived.

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Trial to Surpass in Interest Any in Fulton County History

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian (Hearst’s Sunday American)
July 27th, 1913

No murder trial in Fulton County ever has approached the spectacular interest which is in prospect in the Frank case from the first, sharp skirmish between the opposing attorneys, through the long, bitter legal battle, and to the final pleas of the prosecution and the defense.

The presence of Luther Z. Rosser and Reuben R. Arnold in the brilliant array of legal talent at once made certain that the trial would be out of the ordinary. Neither has the reputation of making a half-hearted fight when there is anything at stake. This time it is a man’s life that is depending upon their legal ability, their shrewdness and their eloquence.

Both have a disconcerting habit of carrying the fight to their opponents. In ring parlance, they do not give their courtroom rivals a chance to “get set.” This is going to keep the spectators constantly on the edge of expectation, and will furnish a series of exciting incidents that will give the Frank trial a place by itself in the criminal annals of Georgia.

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Phagan Case of Peculiar And Enthralling Interest

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian (Hearst’s Sunday American)
July 27th, 1913

As Leo Frank faces to-day the ordeal decreed by law that for man’s life, man’s life shall pay, interest in his case that has held Atlanta, Georgia and the South enthralled for three months has diminished not a whit since the Sunday morning the body of the little factory girl was found.

Wise judges of news, men who are paid thousands of dollars each year for their knowledge of the fickleness of the public, men who can time to the second the period when interest dies in one thing before the public eye to be born anew in another, have for years contended that no single item of news can sustain its interest longer than one brief week.

And yet for three months the public has read of Mary Phagan’s death and the quest for her slayer and their demand for this news has been insatiable.

That the vaunted insight of these news experts is as shallow as the mirror reflection of a beauty of the stage is the thought that common logic first presents.

The insight of these experts has not been at fault. On the contrary, it has been sustained. For in the mystery veiling the death of Mary Phagan and the trial of Leo Frank as her slayer, a more varied array of things that interest, thrill, horrify, shock and make men think is presented than in any one case developed since typesetting machines made the modern newspaper possible.

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Public Demands Frank Trial To-morrow

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian (Hearst’s Sunday American)
July 27th, 1913

Old Police Reporter Sees No Cause for Delay

Either Side Asking Postponement Will Reveal Weakness, as Time Has Been Given for Preparation. Conley Is Center of Interest.

Defense Must Break Story of Negro or Face Difficult Situation. State Will Base Case on Chain of Circumstantial Evidence.

By AN OLD POLICE REPORTER.

The defense in the case of Leo Frank would have made a mistake, if current street comment counts for anything, had it decided to move for a continuance of the case to-morrow.

Indeed, the fact that the defense even was suspected of an intent to move for a continuance—righteously or otherwise—has not had a happy effect upon the public, even if it has not, on the other hand, served particularly to prejudice the case.

The people want the Frank case tried. I think there is no mistake about that.

And when it was rumored that it might be postponed, with the consent of the defense, even if not of its own motion, more than one person in Atlanta, even those inclined to be friendly to Frank, began, more or less impatiently, to ask themselves, WHY?

If the State is sure of itself, why delay? If the defense is sure of itself, why delay?

If either is not sure of itself, why, then, it must be because the one not sure of itself has a weak case. Thus reasons the public.

Leo Frank is guilty or he is not guilty.

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State Bolsters Conley

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian (Hearst’s Sunday American)
July 27th, 1913

Solves Discrepancies of Time

Mistaken Identity To Be Plea

Leo M. Frank Goes to Trial for the Slaying of Mary Phagan Monday, With Both Prosecution and the Defense Confident.

All Preparations Are Made for Big Crowds—Judge Roan to Be on Bench, Despite Recent Illness—Bitter Battle Expected.

Leo M. Frank will go on trial for his life to-morrow forenoon. With the beginning of the great legal battle, hardly more than 24 hours distant, it has been learned that the prosecution has overcome to its own satisfaction the greatest obstacle with which it has been confronted—the reconciling of the negro Conley with that contained in the statements of all the persons who visited the factory and were seen by Conley the day that Mary Phagan was murdered.

The most powerful argument against the truthfulness of the remarkable affidavit in which Conley told of helping Frank dispose of the body of the slain girl was contained in the fact that Conley’s original story in its designation of the time of various occurrences at the factory was in direct conflict with the statements of a number of the factory employees.

Miss Mattie Smith, one of the young women working for the National Pencil Company, told when she was first questioned of leaving the factory at about 9:30. Foreman M. B. Darley walked down the steps with her and said at the Coroner’s inquest that the hour was about 9:30.

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Leo Frank Expects Acquittal and Asks an Immediate Trial

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Journal
July 26th, 1913

Pencil Factory Superintendent Declares the Sooner He Faces a Jury the Sooner He’ll Gain His Freedom

ACCUSED OF PHAGAN CRIME, HE WELCOMES TRIAL DAY

Wife is Regular Visitor to the Tower—Frank’s Time In Prison Is Spent in Reading and Playing Chess

Leo M. Frank is ready and anxious to go on trial for his life before Judge Roan in the superior court next Monday morning, according to statements he has made to friends who visited him in his cell in the tower.

“The sooner I face the jury, the sooner I will gain my liberty,” he is quoted as having said.

This indicates that the factory superintendent, accused of the most atrocious crime in Atlanta’s history, is confident of an acquittal.

Frank is as fit physically to face a jury as he was the day he was incarcerated. He has not had a day’s sickness during his detention. He has lived regularly, getting eight hours of sleep and plenty of exercise.

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Present New Evidence Against Frank

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian
July 26th, 1913

Both Sides Hide Vital Phagan Facts

State’s Prosecutor Shrouds Identity and Stories of Scores of Witnesses in Secrecy.

Prosecution and defense continued their preparations for the Frank trial Saturday, the last-hour hurry of interviewing new witnesses and gathering up the stray ends of evidence giving a fair promise that the trial will start as scheduled next Monday forenoon.

That Solicitor Dorsey has nearly a score of important witnesses whose testimony has been carefully guarded from the defense and the general public is well known. These witnesses have come to his office from time to time, and the Solicitor has refused to give out the vaguest intimation of the line of testimony they would give at the trial.

The prosecution has reserved their evidence to spring as a surprise during the trial. On these persons the State depends to clinch its case against the young factory superintendent. Some of them will be called to bear out different portions of the negro Conley’s affidavit, in which was told the story of the disposal of Mary Phagan’s body. The Solicitor is understood to have witnesses who will corroborate portions of Conley’s story which have been under the severest fire.

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Try to Corroborate Story Told by Conley

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
July 25th, 1913

Negro Is Taken in Chief’s Auto to Sections He Claims to Have Visited on Murder Night.

Jim Conley, the negro sweeper and most important figure in the Phagan case, was taken from police headquarters in the automobile of Chief Beavers yesterday afternoon and carried over the ground on which he accounts for his whereabouts during the afternoon of the murder.

He was in charge of Chief Beavers and Detectives Pat Campbell and John Starnes, headquarters men who have been attached to the solicitor’s office throughout the investigation.

He was driven through the Peters street neighborhood in which he says he spent most of the time on the afternoon of April 26, and he pointed out to the detectives and police head familiar spots he visited on that date.

An effort was also made to determine definitely whether or not W. H. Mincey, the insurance agent who says Conley admitted having killed a girl when they met at Carter and Electric streets on the murder afternoon, could have seen the negro at the designated spot.

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Witnesses for Frank Called

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian
July 25th, 1913

Despite Judge’s Statement All Is In Readiness, Move for Postponement Is Expected.

Despite the fact that Superior Judge L. S. Roan stated everything was in readiness for the trial of Leo M. Frank next Monday, that State’s Attorney Hugh M. Dorsey has announced he will fight a delay, and that the defense actually commenced summoning witnesses, the impression still prevailed Friday that a motion for continuance would be made by the defense when the case is opened.

Attorneys Luther Rosser and Reuben R. Arnold, declined flatly to say whether they would permit the trial to proceed without introducing some motion for a postponement, and the report was that witnesses had been summoned to be on the safe side in the event a request to put off the trial is refused.

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Third Chapter in Phagan Mystery

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian
July 24th, 1913

Arrests of Suspects in the Factory Slaying. Sensation as Leo Frank, Manager Was Taken Into Custody.

CHAPTER III.

Everything that occurred, trivial or important, during those first few days after the body of little Mary Phagan was discovered in the pencil factory basement took on a dramatic aspect. The people were keyed to so high a pitch by the revolting crime that for for a time it seemed to require only a spark to fire them to violent deeds.

Let a strange person so much as appear at the police station to confer with Chief of Detectives Lanford and wild rumors spread about the whole city like magic. Let one of the detectives drop a careless remark and in a flash everyone mysteriously understood that a complete confession had been made to the police by the murderer.

So it was a sinister reception that the first catch in the detectives’ dragnet received from the group of angry men when he was hurried to police headquarters Sunday night of the day after the factory girl had been slain.

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Veneir [sic] is Drawn to Try Leo M. Frank Monday

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian
July 24th, 1913

JUDGE ANNOUNCES HE IS READY TO TRY CASE; 144 MEN EMPANELLED

Says He Has Not Even Been Asked for Postponement, and Sees No Reason Why Trial Should Not Begin On Date Fixed.

Jim Conley, the negro sweeper of the National Pencil Factory, was taken from the police station late Thursday afternoon by Detectives Starnes and Campbell to verify certain of his statements and to point out certain witnesses, who, he told the detectives, would be able to refute the affidavit of W. H. Mincey by showing that he was not at the point where Mincey swears the negro confessed he “had killed a girl” on the afternoon of the murder. The detectives would not divulge the location of the places to be visited.

Judge L. S. Roan, home from Covington, late Thursday, declared to a Georgian reporter that he saw no reason why the trial of Leo M. Frank, accused of the murder of Mary Phagan, should not begin Monday.

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Let the Frank Trial Go On

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian
July 24th, 1913

Leo Frank should be placed on trial Monday for the murder of Mary Phagan.

The crime was committed April 26; Frank was arrested April 28; he was indicted Mary 23 and his trial set for June 30.

At the suggestion of the judge in whose court the trial is to take place, a postponement was agreed on, and the date of the trial moved up to July 28.

Now attempts are being made to secure another postponement. The only reason given to the public is that the weather is hot and it would be disagreeable to hold the trial in the summer.

Of course it is hot, but it isn’t any hotter in the court room than it is in jail.

Both the prosecution and the defense have had ample time to prepare their cases. If Frank is guilty, the State can prove his guilt as well now as later on; if he is innocent, the defense can prove his innocence as well in summer as in winter.

The public has taken a keen interest in the Phagan case and it will demand that the man who killed her be punished, whether that man is Frank or someone else. Furthermore, it is tired of delays.

Public sentiment is where it was on the date first set for Frank’s trial and it will be at the same place if the trial is delayed for a year.

Atlantans are awaiting the trial with open minds. They are not holding themselves up as judges. They know the law is supreme and they want it to take its course. But they want that course taken without seemingly endless delays.

Second Chapter in Phagan Mystery

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian
July 23rd, 1913

The Discovery of the Body of the Slain Factory Girl and Start of Hunt for Slayer.

CHAPTER II.

His heart pounding in superstitious fright, Newt Lee, the night watchman, forced himself to approach the strange object on the pile of debris in the pencil factory basement. A step nearer and he could make out what appeared to be a human foot. He recoiled and was on the point of precipitate flight.

But he must look closer, he thought. Perhaps, after all, it was only the ghastly prank of some of the factory employees who had manufactured a rude effigy and placed it there to scare him.

Determinedly he walked closer and thrust his lantern out over the mysterious object. He shrieked. Before his horrified eyes the shaky and uncertain light of his lantern disclosed the body of a little girl.

Grimed, bloody and mutilated the body lay on the flat of its back, as the terrified negro remembered it afterward, although the police, coming a few minutes later, found the body on its face, one arm drawn slightly up under the body and the other stretched full length at the side.

Discrepancy Not Explained.

This strange discrepancy never has been explained to the public except by the possibility that Lee, in his terror, was mistaken in the position he believed the body was in when he discovered it. Conley, telling his remarkable story three weeks later, said that he dumped the girl’s body face downward on the trash pile where it later was come upon by Lee.

Lee was to oappalled [sic] by his grewsome find to make a close investigation. He only saw that it was a little white girl and that she had been murdered. With frightened steps he hurried to the ladder at the other end of the basement. He was in a panic. He scuttled up the ladder and dropped the trap door over it. He felt a bit relieved away from the blackness of the basement and the awful thing that it contained.

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Will Not Indict Jim Conley Now, Jury’s Decision

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

The Atlanta Journal

Monday, July 21, 1913

Solicitor Dorsey Makes Brief Announcement to This Effect After Grand Jury Session Lasting Over an Hour

NO ANONYMOUS LETTERS WANTED BY THE JURORS

Solicitor Dorsey Will Now Concentrate Efforts Against Having Frank Jury Drawing From Grand Jury List

Solicitor General Hugh M. Dorsey has for a second time blocked an attempt by members of the grand jury to indict James Conley, the negro sweeper, who confessed complicity in the Mary Phagan murder.

The grand jurymen who had called a meeting over the protest of the solicitor to consider taking up a bill against the negro listened to the prosecuting official for more than an hour Monday morning, and then authorized him to announce that the matter will not be taken up at this time.

DORSEY MAKES STATEMENT.

The solicitor wrote out his statement, which is as follows:

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Grand Jury Meets to Consider Conley Case

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

The Atlanta Georgian

Monday, July 21, 1913

Protest of Solicitor Will Be Heeded

Foreman Declares Inquisitorial Body Will Not Ride “Roughshod” Over Dorsey.

With Solicitor Dorsey reaffirming his certainty that Jim Conley will not be indicted before the tral [sic] of Leo M. Frank and declaring that he will fight with all his vigor any movement in that direction, the Grand Jury members gathered in the Thrower Building Monday morning in response to the call of Foreman Beatie to decide whether they will reopen their investigation of the Phagan murder mystery.

A strong probability that no action would be taken during the day arose when it became known that there were only eighteen of the grand jurors in the city, a bare quorum. In the event that all of the eighteen did not appear, there still was the opportunity to go out and summon talesmen at random to serve on the Grand Jury, but no statement was made as to whether this legal privilege would be exercised.

No Witnesses Called.

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Alan Dershowitz’s Introduction to Dinnerstein’s The Leo Frank Case

Dershowitz

Introduction
By Alan M. Dershowitz

The trial, conviction, death sentence and its commutation and eventual lynching of Leo Frank during the second decade of the twentieth century, constitute a major episode not only in American legal history, but also in the development of American political institutions. The Knights of Mary Phagan, formed to avenge the murder of the young factory worker for which Frank was convicted, became an important component of the twentieth century resurrection of the Ku Klux Klan. The Anti-Defamation League of B’nai Brith was founded in reaction to the anti-Semitism generated – or at least disclosed – by the Frank case.

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Protest of Solicitor Dorsey Wins

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

The Atlanta Georgian

Monday, July 21, 1913

Presents Evidence Showing Indictment of Negro Would Hinder Frank Prosecution.

Here are the important developments of Monday in the Phagan case:

The decision of the Grand Jury of Fulton County not to bring at this time an indictment against James Conley.

The information that there is a strong probability of another postponement of the trial of Leo M. Frank.

The Grand Jury’s refusal to reopen its investigation of the Phagan murder mystery was a decided victory for the Solicitor after that body had overridden his request that no session be called to take up the matter in any of its aspects.

A report that Judge L.S. Roan, who will preside at the Frank trial, had signified his desire that the case be put off until fall, gave rise to the expectation that another postponement will take place, and that the date probably will be set for some week in September.

Defense Said To Be Willing.

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