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	<title>Leonard Dinnerstein &#8211; The Leo Frank Case Research Library</title>
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	<description>Information on the 1913 bludgeoning, rape, strangulation and mutilation of Mary Phagan and the subsequent trial, appeals and mob lynching of Leo Frank in 1915.</description>
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		<title>Alan Dershowitz&#8217;s Introduction to Dinnerstein&#8217;s The Leo Frank Case</title>
		<link>https://leofrank.info/alan-dershowitzs-introduction-to-dinnersteins-the-leo-frank-case/</link>
		
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		<pubDate>Tue, 30 Apr 2019 03:31:48 +0000</pubDate>
				<category><![CDATA[Essays]]></category>
		<category><![CDATA[Alonzo Mann]]></category>
		<category><![CDATA[Anti-Semitism]]></category>
		<category><![CDATA[Jim Conley]]></category>
		<category><![CDATA[Leo M. Frank]]></category>
		<category><![CDATA[Leonard Dinnerstein]]></category>
		<category><![CDATA[Mary Phagan]]></category>
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					<description><![CDATA[IntroductionBy 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 <a class="more-link" href="https://leofrank.info/alan-dershowitzs-introduction-to-dinnersteins-the-leo-frank-case/">Continue Reading &#8594;</a>]]></description>
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<div class="wp-block-image size-medium wp-image-14157"><figure class="alignright"><img fetchpriority="high" decoding="async" width="300" height="407" src="https://leofrank.info/wp-content/uploads/2019/03/Dershowitz-Wikipedia-300x407.jpg" alt="" class="wp-image-14157" srcset="https://leofrank.info/wp-content/uploads/2019/03/Dershowitz-Wikipedia-300x407.jpg 300w, https://leofrank.info/wp-content/uploads/2019/03/Dershowitz-Wikipedia-768x1041.jpg 768w, https://leofrank.info/wp-content/uploads/2019/03/Dershowitz-Wikipedia-680x922.jpg 680w, https://leofrank.info/wp-content/uploads/2019/03/Dershowitz-Wikipedia.jpg 927w" sizes="(max-width: 300px) 100vw, 300px" /><figcaption>Dershowitz</figcaption></figure></div>



<p>Introduction<br>By Alan M. Dershowitz</p>



<p>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.</p>



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<p>Sometimes characterized as the American “Dreyfus” case (a reference to the frame-up of a French Jew which fanned the flames of nineteenth century European anti-Semitism), the trial of Leo Frank in Atlanta, Georgia was conducted in a carnival atmosphere. Crowds outside the courthouse sang “The Ballad of Mary Phagan,” which included the following lyrics:</p>



<p>Little Mary Phagan<br>She left her home one day;<br>She went to the pencil-factory<br>To see the big parade.</p>



<p>She left her home at eleven,<br>She kissed her mother good-by;<br>Not one time did the poor child think<br>That she was a-going to die.</p>



<p>Leo Frank he met her<br>With a brutish heart, we know;<br>He smiled, and said, “Little Mary,<br>You won’t go home no more.”</p>



<p>Sneaked along behind her<br>Till she reached the metal-room;<br>He laughed, and said, “Little Mary,<br>You have met your fatal doom.”</p>



<p>Down upon her knees<br>To Leo Frank she plead;<br>He taken a stick from the trash-pile<br>And struck her across the head.</p>



<p>Crowds inside the courtroom shouted anti-Jewish epithets, and demanded Frank’s death. The smell of the lynch mob was in the air.</p>



<p>The State’s star witness was a black maintenance worker at the factory which Frank managed and at which Mary Phagan worked. He testified that Frank killed the young girl and ordered him to dispose of the body. When the jury convicted Frank, it was the first time in memory that a white man had been convicted of murder on the basis of uncorroborated testimony of a black witness. This apparent advance in racial justice was explained away by a local observer who said: “That wasn’t a white man convicted by that N…’s testimony. It was a Jew.”</p>



<p>Predictably, Frank was convicted, sentenced to death and denied relief on appeal, despite some critical dissenting words from Justice Oliver Wendell Holmes. Unpredictably, the Governor of Georgia decided to commute Frank’s death sentence and leave him to serve out a term of life imprisonment. That appeared to be a great victory for Frank and his many supporters around the country, since the evidentiary foundation underlying Frank’s conviction was beginning to crumble as a result of the discovery of new evidence strongly suggesting that it was the government’s star witness – and not Frank – who had killed the victim. It seemed only a matter of time before Frank would be freed from his imprisonment.</p>



<p>In order to prevent Frank’s freedom, several of the “best” citizens of Georgia – including a minister, two former Supreme Court Justices, and an ex-sheriff – decided to take the law into their own hands. They constituted themselves as a vigilante committee and let it be known that they intended to kidnap Frank from prison and lynch him. Despite some perfunctory efforts by prison authorities to protect Frank, the lynch mob had little difficulty breaking into the prison and kidnapping Frank. It was obvious that at least some of the prison authorities were in on the plan. Frank was taken to Marietta, where he was lynched. Everyone knew exactly who was involved in the lynching – indeed some members of the lynch mob boasted about their participation and gave interviews to the press. Photographs of the lynching and souvenir pieces of the rope were sold throughout Georgia. Nonetheless, the coroner’s jury investigating the murder of Leo Frank concluded that it was unable to identify any of the perpetrators. This was typical of lynchings in the South during that era. The only difference is that this victim was not black.</p>



<p>There is a fascinating and largely unknown ethical story behind the public legal story of the Frank case. I use it as a teaching vehicle in my course on legal ethics. It turns out that while Leo Frank was on death row, one of Atlanta’s most prominent lawyers learned that Frank was innocent and that another man – presumably the government’s star witness – was the killer. We do not know for certain whether the real killer confessed directly to the lawyer, or to another lawyer who then sought ethical advice from the pillar of the bar. This is the way the eminent lawyer described it in his own writings:</p>



<p>I am one of the few people who know that Leo Frank was innocent of the crime for which he was convicted and lynched. Subsequent to the trial, and after his conviction had been affirmed by the Supreme Court, I learned who killed Mary Phagan, but the information came to me in such a way that, though I wish I could do so, I can never reveal it so long as certain persons are alive. We lawyers, when we are admitted to the bar, take an oath never to reveal the communications made to us by our clients; and this includes facts revealed in an attempt to employ the though he refuses the employment….The Law on this subject may or may not be a wise law – there are some who think that it is not – but naturally since it is the law, we lawyers and the judges cannot honorably disobey it.</p>



<p>The eminent lawyer (and any other lawyer who may have received the real killer’s confession in confidence) was forced into the most excruciating legal, ethical and moral dilemma a professional can possibly confront. The ethical rules of the profession are fairly clear. There is no available exception to the rule mandating confidentiality of privileged communications about past crimes. It is not a future crime for a guilty client to remain silent while an innocent man goes to his death for the murder committed by a silent, guilty client. The issue is a bit more complicated if the confessing client was, in fact, the witness who testified against Frank, for the client would then be confessing to perjury. Some courts and commentators have suggested that allowing perjured testimony to remain unrecanted, while the victim of the perjury remains under a death or prison sentence, may constitute a continuing fraud on the court, and thus an exception to the lawyer-client privilege. But that line of authority is hazy at best, and the eminent lawyer did not apparently consider it. He saw the legal and professional ethics issue as simple and straightforward. That still left the moral and personal issue of whether any human being – regardless of his or her profession – can and should allow a preventable miscarriage of justice to be carried out, especially in a capital case. My students in legal ethics generally split down the middle over whether they would violate the rules of the profession – engage in an act of civil disobedience against their own client – in order to save an innocent non-client.</p>



<p>In a typically lawyer-like way, the eminent lawyer in the real case apparently saw to it that the governor learned the information known to him, but without his own “fingerprints” being on the communication. This is how he put it: “Without ever having discussed with Governor Slaton the facts which were revealed to me, I have reason to believe, from a thing contained in the statement he made in connection with the grant of the commutation, that, in some way, these facts came to him and influenced his action.” But the eminent lawyer’s compromise did not work. Although the governor did commute Leo Frank’s sentence, he was not able to persuade a vengeful public of Frank’s innocence. I doubt that Frank would have been lynched had the eminent lawyer come forward and disclosed his information. Instead, his client would almost certainly have been lynched. The complexity of ethical and moral issues in the law can rarely be resolved by simple compromise solutions of the kind attempted by the lawyer in the Frank case. Indeed some such issues have no entirely satisfactory solutions.</p>



<p>Nearly seventy years after Leo Frank’s murder, new evidence of his innocence emerged. An eighty-two-year old man, who have been a youthful eyewitness to events surrounding the killing of Mary Phagan, finally came forward and told what he had seen back in 1913. His evidence contradicted the State’s star witness and strongly suggested that the murder was committed by that same witness, the black maintenance man. The murderer threatened the young witness with death if he ever mentioned what he had observed, and he did not come forward for all those years. Now, he has told his story and it seems to have persuaded most objective people that Leo Frank was lynched for a crime committed by someone else.</p>



<p>Finally, in 1986 Frank was posthumously pardoned with following official apology: “The lynching aborted the legal process, thus foreclosing further effort to prove Frank’s innocence. It resulted from the State of Georgia’s failure to protect Frank. Compounding the injustice, the State then failed to prosecute any of the lynchers.” Remarkably, some Georgians continued to resist the pardon.</p>



<p>Alan Dershowitz</p>



<p>Cambridge, Massachusetts<br>January 11, 1991</p>



<p>Source: Dinnerstein, Leonard. <em>The Leo Frank Case.</em> Notable Trials Library edition, 1991.</p>
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		<title>Leonard Dinnerstein: Artful Dodger of the Leo Frank Case</title>
		<link>https://leofrank.info/leonard-dinnerstein-artful-dodger-of-the-leo-frank-case/</link>
		
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		<pubDate>Tue, 01 Jan 2019 08:29:01 +0000</pubDate>
				<category><![CDATA[Essays]]></category>
		<category><![CDATA[Leonard Dinnerstein]]></category>
		<guid isPermaLink="false">https://leofrank.info/?p=14102</guid>

					<description><![CDATA[by Reed Miller RETIRED ARIZONA Professor Emeritus of Judaic Studies, Leonard Dinnerstein, I am sorry to say, has joined the eternally dark pantheon of history-falsifiers. Dinnerstein is best known for being a scholar of the Leo Frank case. He doesn&#8217;t deserve to be so known. Dinnerstein&#8217;s book The Leo Frank Case is shameless falsification of history. It is an embarrassment to American <a class="more-link" href="https://leofrank.info/leonard-dinnerstein-artful-dodger-of-the-leo-frank-case/">Continue Reading &#8594;</a>]]></description>
										<content:encoded><![CDATA[<p><div id="attachment_9666" style="width: 265px" class="wp-caption alignright"><a href="https://leofrank.info/wp-content/uploads/2016/03/dinnerstein.jpg"><img decoding="async" aria-describedby="caption-attachment-9666" class="size-full wp-image-9666" src="https://leofrank.info/wp-content/uploads/2016/03/dinnerstein.jpg" alt="" width="255" height="182" /></a><p id="caption-attachment-9666" class="wp-caption-text">Leonard Dinnerstein</p></div></p>
<p>by Reed Miller</p>
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<p>RETIRED ARIZONA Professor Emeritus of Judaic Studies, Leonard Dinnerstein, I am sorry to say, has joined the eternally dark pantheon of history-falsifiers. Dinnerstein is best known for being a scholar of the Leo Frank case. He doesn&#8217;t deserve to be so known.</p>
<p>Dinnerstein&#8217;s book <em>The Leo Frank Case</em> is shameless falsification of history. It is an embarrassment to American scholarship. Dinnerstein verifiably omitted some 99% of the facts contained in the 1,800 page official Leo M. Frank Georgia Legal Record that encompasses the 1913 murder trial of Frank and his State Supreme Court Appeals from 1913 through 1914. These legal records fortunately survived in their entirety into the 21st century &#8212; and they show us clearly how Dinnerstein cherry-picked his sources to give a bizarrely skewed view of the case.</p>
<p><div id="attachment_14107" style="width: 230px" class="wp-caption alignleft"><a href="https://leofrank.info/wp-content/uploads/2019/01/dinnerstein4.jpg"><img decoding="async" aria-describedby="caption-attachment-14107" class="wp-image-14107" src="https://leofrank.info/wp-content/uploads/2019/01/dinnerstein4.jpg" alt="" width="220" height="328" srcset="https://leofrank.info/wp-content/uploads/2019/01/dinnerstein4.jpg 335w, https://leofrank.info/wp-content/uploads/2019/01/dinnerstein4-300x448.jpg 300w" sizes="(max-width: 220px) 100vw, 220px" /></a><p id="caption-attachment-14107" class="wp-caption-text">Despite its essential worthlessness, Dinnerstein&#8217;s book has gone through edition after edition&#8230;</p></div></p>
<p>Dinnerstein has, to speak frankly (no pun intended), <em>a racist agenda</em>. He seems to want to perpetuate Jewish-gentile conflict by imputing anti-Semitism to 1913 Atlantans, when nothing could be further from the truth. And, just like the Frank legal team a century ago, he tries to lay the blame for Mary Phagan&#8217;s murder on an innocent Black man. Students of law and history should study the primary sources of the Leo Frank case &#8212; and then cross-reference them with any and every edition (from 1968 to today, there are many) of Dinnerstein&#8217;s book. They&#8217;ll soon see the real Leonard Dinnerstein at work. It&#8217;s not a pretty sight. Doubtless the great Professor Emeritus didn&#8217;t anticipate the easy availability of these primary source documents since the rise of the Internet, or he would have been more careful.</p>
<p>The main purpose of <em>The Leo Frank Case</em> is to smear the people of the South as violent Jew-haters (actually, the South was the most solidly pro-Jewish section of the United States then, and is now); defame one of the greatest statesmen of the Southern progressive era, Hugh Dorsey, as an unscrupulous political climber; perpetuate unfounded racist allegations against African-Americans; and shamelessly rehabilitate the image of Atlanta&#8217;s B&#8217;nai B&#8217;rith President, Leo M. Frank &#8212; the serial rapist-pedophile (see: GA Supreme Court Records, 1913, 1914), strangler, and convicted child killer. Quite an ambitious combination that might well daunt any author &#8212; I have to grant Professor D. a six-pointed gold star for audacious <em>chutzpah</em>. Frank was convicted in 1913 for bludgeoning, raping, garroting, and ordering the necro-mutilation of 13-year-old Mary Anne Phagan who worked in the sweatshop he operated in Atlanta, the National Pencil Company.</p>
<p><span id="more-14102"></span></p>
<p><div id="attachment_14108" style="width: 221px" class="wp-caption alignright"><a href="https://leofrank.info/wp-content/uploads/2019/01/Dinnerstein-1969.jpg"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-14108" class="size-full wp-image-14108" src="https://leofrank.info/wp-content/uploads/2019/01/Dinnerstein-1969.jpg" alt="" width="211" height="335" /></a><p id="caption-attachment-14108" class="wp-caption-text">&#8230;after edition&#8230;</p></div></p>
<p>Essentially Dinnerstein&#8217;s life&#8217;s work has been promoting the thesis that the white Southerners of 1913 were so filled with anti-Jewish animus that they <em>knowingly and willingly set free</em> a guilty African-American man who had pounded his fists into the face of a little 13-year-old white girl, just before raping, strangling, and mutilating her &#8212; just so they could execute an innocent Jew. The thesis is preposterous and indefensible, yet Dinnerstein has single-mindedly stuck to it, in direct conflict with mountains of evidence, for over 50 years.</p>
<p>He suggests the reason Southern whites knowingly let the guilty black rapist and strangler go free was so they could instead indiscriminately, but intentionally, frame an innocent Jewish man for the crime &#8212; for no other reason than that he <em>was</em> Jewish. And wait, there&#8217;s more &#8212; topping it all off, Dinnerstein expects us to believe that the &#8220;unscrupulous&#8221; Solicitor General Hugh Dorsey and the Atlanta police and detectives, all worked together coaching James &#8220;Jim&#8221; Conley until he was as perfect as a trained parrot to trick the trial jury and unjustly convict Leo Frank.</p>
<p><div id="attachment_14109" style="width: 230px" class="wp-caption alignleft"><a href="https://leofrank.info/wp-content/uploads/2019/01/dinnerstein2.jpg"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-14109" class="wp-image-14109" src="https://leofrank.info/wp-content/uploads/2019/01/dinnerstein2.jpg" alt="" width="220" height="340" srcset="https://leofrank.info/wp-content/uploads/2019/01/dinnerstein2.jpg 323w, https://leofrank.info/wp-content/uploads/2019/01/dinnerstein2-300x463.jpg 300w" sizes="auto, (max-width: 220px) 100vw, 220px" /></a><p id="caption-attachment-14109" class="wp-caption-text">&#8230;after edition&#8230;</p></div></p>
<p>Dinnerstein&#8217;s 200-plus-page <em>opus</em> reveals his obsession with purported anti-Jewish intrigues and plots in the Old South, most of which can be found nowhere else in the historical or any other literature. Search for them as you will, but the references nearly all lead back to Dinnerstein and then can be traced no further. For page after page he renders wrongful indictments against the people of Georgia, the South, and every Southerner &#8212; even though the consensus amongst historians and scholars of all ethnic backgrounds is that anti-Semitism was virtually non-existent in the South and especially so during the progressive era. Jews prospered there mightily.</p>
<p>There is certainly plenty of racism, bigotry, prejudice, and injustice to be found in our multicultural world, but there is really nothing more spineless and cowardly than to fabricate evidence of it and then falsely accuse someone, as the exalted Professor Emeritus has done.</p>
<p>The organized Jewish community regularly gave kudos and accolades to Dinnerstein for each of the numerous nearly-identical editions of his book, and his largely repetitive related volumes. They described Dinnerstein as the &#8220;definitive author&#8221; on the Leo Frank case (though in the last decade, the more circumspect but still propagandistic Steve Oney seems to have usurped that title).</p>
<p><div id="attachment_14110" style="width: 214px" class="wp-caption alignright"><a href="https://leofrank.info/wp-content/uploads/2019/01/dinnerstein3.jpg"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-14110" class="size-full wp-image-14110" src="https://leofrank.info/wp-content/uploads/2019/01/dinnerstein3.jpg" alt="" width="204" height="321" /></a><p id="caption-attachment-14110" class="wp-caption-text">&#8230;after edition, with no end in sight.</p></div></p>
<p>One thing Leonard Dinnerstein doesn&#8217;t tell the reader about the Frank-Phagan case is Frank&#8217;s astonishing admission, made on August 18, 1913, during his unsworn trial statement to the judge and jury, that he had walked directly to the <em>exact spot</em>, literally within inches, where Mary Phagan was killed &#8212; and at the <em>exact time</em> when she was murdered. That revelation was so incriminating that it amounted almost to a murder confession, and yet Dinnerstein conveniently leaves this stupefying incident <em>completely out</em> of his account of the case.</p>
<p>Dinnerstein also presents the hoax — repeated hundreds of times now by Abraham Foxman of the ADL and by dozens of media and academic hacks — that mobs of angry people were screaming “racist anti-Semitic death threats” at the jury through the courtroom windows during Leo Frank’s trial. These alleged mobs were claimed to have screamed at the jurors “Hang the Jew or we’ll hang you!” and other threats. (See his “Leo Frank and the American Jewish Community” in the <em>American Jewish Archive Journal</em>, 1968, volume 20, number 2.)</p>
<p><div id="attachment_9669" style="width: 486px" class="wp-caption aligncenter"><a href="https://leofrank.info/wp-content/uploads/2016/03/hang_the_jew_adl_claim.png"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-9669" class="size-full wp-image-9669" src="https://leofrank.info/wp-content/uploads/2016/03/hang_the_jew_adl_claim.png" alt="" width="476" height="525" srcset="https://leofrank.info/wp-content/uploads/2016/03/hang_the_jew_adl_claim.png 476w, https://leofrank.info/wp-content/uploads/2016/03/hang_the_jew_adl_claim-300x331.png 300w" sizes="auto, (max-width: 476px) 100vw, 476px" /></a><p id="caption-attachment-9669" class="wp-caption-text">More claims about the Frank case, echoing the Dinnerstein fabrications, from the ADL Web site.</p></div></p>
<p>But a diligent search will show you &#8212; absolutely &#8212; that <em>none</em> of the local Atlanta newspapers, some of whom took a pro-Frank stance — and who had teams of reporters inside and outside the courtroom — <em>ever mention any such incident</em>, which surely would have been instant grounds for a mistrial. It was also <em>never mentioned during the trial by Frank’s own high-powered and expensive legal team</em>, who surely would have jumped at the chance to gain a new trial in a new venue for their well-connected client.</p>
<p>The Jewish Anti-Defamation League (ADL) still uses Dinnerstein’s “hang the Jew” hoax <a href="https://www.google.com/search?biw=1275&amp;bih=604&amp;ei=XULkWpeGF4iyggf98Yf4Dw&amp;q=site%3Aadl.org+%22hang+the+jew%22&amp;oq=site%3Aadl.org+%22hang+the+jew%22&amp;gs_l=psy-ab.3...645101.655768.0.656345.52.33.19.0.0.0.136.2089.32j1.33.0....0...1c.1.64.psy-ab..0.0.0....0.z6eESOLi1GA">as a major part of its outreach on the Leo Frank case</a>.</p>
<p>Let me back up for a few moments and give new readers the basic facts of the case &#8212; one of the most important and fascinating criminal cases of the last century.</p>
<p><div id="attachment_8416" style="width: 364px" class="wp-caption alignleft"><a href="https://leofrank.info/wp-content/uploads/2015/06/Great-Crowd-at-Phagan-Inquest.png"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-8416" class="size-full wp-image-8416" src="https://leofrank.info/wp-content/uploads/2015/06/Great-Crowd-at-Phagan-Inquest.png" alt="" width="354" height="565" srcset="https://leofrank.info/wp-content/uploads/2015/06/Great-Crowd-at-Phagan-Inquest.png 354w, https://leofrank.info/wp-content/uploads/2015/06/Great-Crowd-at-Phagan-Inquest-300x479.png 300w" sizes="auto, (max-width: 354px) 100vw, 354px" /></a><p id="caption-attachment-8416" class="wp-caption-text">Mary Phagan</p></div></p>
<p>Just minutes past noon on Confederate Memorial Day, Saturday, April 26, 1913, Mary Phagan entered the National Pencil Company building to collect her pay envelope containg just $1.20.</p>
<p>(She normally earned $4.05 a week, but her pay was significantly reduced that week because of a shortage of materials, causing her to be temporarily laid off for a few days. Not many rights for workers in those days! There was a shortage of the brass sheet metal used to make tubular eraser holders attached at the ends of the pencils. Mary Phagan worked at the rear of the second floor in what was called the &#8220;metal room.&#8221; Her work station was next to the bathroom entryway there. Mary was a &#8220;tipper,&#8221; meaning that her job was inserting rubber erasers into the brass tubes at the ends of the pencils. She worked and sweated there for a little over seven cents an hour during each typical 55-hour, six-day work week. She started working there in the spring of 1912, when she was only 12 years old.)</p>
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<p>After picking up her pay on that fateful day from Leo Frank in his office at the other end of the second floor from her work station, she was never seen alive again.</p>
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<p>Fast forward fifteen hours. It is long after midnight, and the only person in the pencil factory is the night watchman, a middle-aged black man named Newt Lee. Only moments after using the racially segregated &#8220;negro toilet&#8221; in the basement, Lee spotted the dead body of Mary Phagan not far off, near the furnace. It was 3:15 am, Sunday, April 27, 1913. Newt quickly went up to Leo Frank&#8217;s second floor office, where the only working phone in the building was located. Lee reported the incident to Sergeant W.F. Anderson, night shift call officer for the Atlanta police. Lee also made repeated attempts &#8212; for eight minutes &#8212; to contact Leo Frank by phone, but no one answered at the Selig residence, where Frank lived with his wife and in-laws. The police arrived at the National Pencil Company factory 15 minutes later.</p>
<p><div id="attachment_9795" style="width: 350px" class="wp-caption alignright"><a href="https://leofrank.info/wp-content/uploads/2016/03/Leo-Frank-closeup-340x264.jpg"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-9795" class="size-full wp-image-9795" src="https://leofrank.info/wp-content/uploads/2016/03/Leo-Frank-closeup-340x264.jpg" alt="" width="340" height="264" srcset="https://leofrank.info/wp-content/uploads/2016/03/Leo-Frank-closeup-340x264.jpg 340w, https://leofrank.info/wp-content/uploads/2016/03/Leo-Frank-closeup-340x264-300x233.jpg 300w" sizes="auto, (max-width: 340px) 100vw, 340px" /></a><p id="caption-attachment-9795" class="wp-caption-text">Leo Frank</p></div></p>
<p>With Newt Lee leading the way, together they descended into the basement and then walked more than 100 feet to where Mary lay. She was in a filthy state, lying on her side, her face encrusted with dirt. Her girlish body gave the appearance of having been dragged. Seeing Mary Phagan&#8217;s apparently reverently crossed arms after she had suffered such an obviously violent death was a weirdly out-of-place sight those men would be unlikely to forget for the rest of their lives. A piece of ripped lace around her neck was not enough to stop the officers from noticing that directly underneath it was an eighth-inch cord made into a makeshift noose. The cord was taut around her neck, sunk deep into her flesh. Mary&#8217;s dress was ripped from hem to crotch, and her bloodied underwear were still attached to her body, torn open across the crotch up to the right seam. Nearby, two peculiar handwritten notes were discovered on the floor. They bore an obviously contrived message.</p>
<p><div id="attachment_9729" style="width: 350px" class="wp-caption alignleft"><a href="https://leofrank.info/wp-content/uploads/2016/03/Newt-lee-custody1-340x264.jpg"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-9729" class="size-full wp-image-9729" src="https://leofrank.info/wp-content/uploads/2016/03/Newt-lee-custody1-340x264.jpg" alt="" width="340" height="264" srcset="https://leofrank.info/wp-content/uploads/2016/03/Newt-lee-custody1-340x264.jpg 340w, https://leofrank.info/wp-content/uploads/2016/03/Newt-lee-custody1-340x264-300x233.jpg 300w" sizes="auto, (max-width: 340px) 100vw, 340px" /></a><p id="caption-attachment-9729" class="wp-caption-text">Newt Lee, right, in custody</p></div></p>
<p>The notes, later dubbed the death notes or murder notes, described in Southern black dialect (even though they purported to be written by Mary herself)) a &#8220;negro&#8221; killer &#8212; the tall, dark, and slim &#8220;night witch,&#8221; (evidently meaning &#8220;night watch&#8221;), a close description of Newt Lee, who was the tall, slim, and dark-complected nightwatchman who found Mary&#8217;s body. Lee had worked for the National Pencil Company for only three weeks. The death notes essentially accused him of raping Mary Phagan.</p>
<p>Lee was an aging, nearly bald, and married African-American security guard, with years of graveyard shift work experience. He had long been trusted to be alone, on the job at night, guarding valuable property. He had no criminal record. But if the incriminating notes stood up before a jury, Newt Lee would certainly hang by the neck until dead, as prescribed by law &#8212; and doubtlessly that was exactly what the note&#8217;s author intended.</p>
<p>These notes were very strange &#8212; constructed as if they were written by little Mary herself, and addressed to her mother Francis, they claimed to have been written while Mary was in the midst of being sexually molested by Newt Lee. In the Old South, black men who even whistled at or &#8220;wild talked&#8221; to &#8212; or even jostled &#8212; White women, stood a very dangerous risk of bodily harm, if not death by lynching. Out of nearly 3,500 lynchings in American history, the vast majority of victims were black men. (By the way, a few years later, it was Hugh Dorsey, the man who prosecuted Frank and was vilified by Dinnerstein, who used his political influence and clout to fight the barbaric practice of lynching, even when it was politically unpopular to do so. Dorsey&#8217;s efforts helped to put an end to lynching in America.)</p>
<p>In 1913, Leo Frank was no ambitious upstart. He was an established and prominent leader of Atlanta&#8217;s Jewish community. He was superintendent and part-owner of the pencil company, a position he had held for five years. And he was the president of the Atlanta B&#8217;nai B&#8217;rith.</p>
<p>After trying all night long, the police finally got Leo Frank on the telephone at dawn and informed him briefly that they needed to speak with him face to face.</p>
<p>On Sunday morning, Leo Frank was escorted by police to P.J. Bloomfield&#8217;s mortuary to identify the victim. Frank claimed he wasn&#8217;t sure. He said he would have to check his accounting and payroll ledgers to verify that this had been the girl he&#8217;d paid at noon the day before. The officers drove Leo Frank to the factory and together they all went up to his second floor window-front office. He reviewed his accounting books. The police specifically wanted Leo Frank to try to pinpoint at what time Mary Phagan appeared in his office to collect her pay. After reviewing his payroll logbook, Leo Frank told the police Mary Phagan had arrived in his office on Saturday, April 26, 1913, at sometime near 12:03 pm.</p>
<p>Leo Frank then took out Newt Lee&#8217;s time card from the clock and examined it, <em>telling the police it was punched perfectly every half hour</em> between 6:00 pm on April 26, 1913, to 3:00 am on April 27, 1913. The information showed that Newt Lee had performed in accordance with what was expected of him during his security shift and would not have had time to leave nor to clean himself up after any bloody confrontation. Leo Frank was not under suspicion at the time and was allowed to go home.</p>
<p>The next day, Monday, Leo Frank was called down to the police station where he made a deposition. Though he wasn&#8217;t under any suspicion at the time, Leo Frank nevertheless had two of Georgia&#8217;s most powerful lawyers representing him there: Herbert Haas and Luther Z. Rosser.</p>
<p>Leo Frank then said that Mary Phagan had come into his second floor office on April 26, 1913, between &#8220;12:05 pm and 12:10 pm, maybe 12:07 pm.&#8221; Frank put the time as 12:07 pm &#8212; when the day before he had said 12:03. He would go on to change Mary&#8217;s arrival time on at least three separate occasions, which raised more than a few eyebrows. (He also made the eyebrow-raising claim that he didn&#8217;t know Mary by name, though he had paid her wages every week, and walked by her work station many times every day, for an entire year.)</p>
<p>On Monday, Frank also changed another important part of his story: Now he told the police that he had &#8220;made a mistake&#8221; concerning Newt Lee&#8217;s time card. In contradiction to his statement the day before, when he had reported in front of the officers that Lee&#8217;s time card was punched perfectly every half hour, he now said that after closer inspection of the card, he had discovered that the nightwatchman <em>had actually missed four of his half-hour punches</em>, leaving open four hours of unaccounted-for time.  (The police had made a serious error in leaving the card in Frank&#8217;s possession overnight instead of impounding it as evidence.) This &#8220;new information,&#8221; which was believed by some investigators at the time, caused even greater suspicion to be directed at Lee, who was at the time already the prime suspect. If circumstances had been just slightly different, this might have ended up being the <em>coup de grace</em> &#8212; the death blow &#8212; for Newt Lee. Instead, it turned out &#8212; the very next day &#8212; to be a blunder that forever turned the tide against Frank.</p>
<p>While he was being interrogated, Frank had a flash of brilliance. He stood up and volunteered &#8212; demanded, actually &#8212; that he disrobe for the police. They inspected his body, and clothes, and saw no signs of blood, as Frank knew they wouldn&#8217;t &#8212; and it was then a certainty, as Frank also knew, that they would then be impelled to visit his home for the purpose of inspecting his laundry. And, as he doubtlessly also reasoned, <em>they would then feel obligated to do the same at Newt Lee&#8217;s residence</em>. Leo Frank had adroitly plucked himself out of the spider&#8217;s web, and got the spiders to take him home where they inspected his hamper and found nothing amiss.</p>
<p>Ah, that most delicate feint and subtle engram of a hint &#8212; for the police to check the hamper at the nightwatchman&#8217;s shack at 68 Henderson Street. And on Tuesday morning, April 29, 1913, at 9:00 am sharp, armed with a skeleton key, they did exactly that. And what do you know &#8212; there they found a shirt, apparently Newt Lee&#8217;s shirt &#8212; spattered, covered, <em>soaked</em> in blood!</p>
<p>It would have worked, too, had the police been just a little less skeptical and careful. An innocent man would have been executed from a crime with which he had nothing to do. But skeptical and careful they were, and it was shown that the shirt had not been spattered by blood in any conflict, but had been purposely <em>immersed</em> in blood. The &#8220;bloody shirt&#8221; was a fake &#8212; and it would not be the last piece of planted fake evidence in this case. It has occurred to you, I&#8217;m sure &#8212; just as it did to the Atlanta police &#8212; that <em>only a guilty man</em> would plan and hire out such fakery, and there was only one man in Atlanta with a motive to do that.</p>
<p><div id="attachment_10118" style="width: 347px" class="wp-caption alignright"><a href="https://leofrank.info/wp-content/uploads/2016/03/Machinist-Tells-of-Hair-Found-in-Factory-Lathe.png"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-10118" class="size-full wp-image-10118" src="https://leofrank.info/wp-content/uploads/2016/03/Machinist-Tells-of-Hair-Found-in-Factory-Lathe.png" alt="" width="337" height="408" srcset="https://leofrank.info/wp-content/uploads/2016/03/Machinist-Tells-of-Hair-Found-in-Factory-Lathe.png 337w, https://leofrank.info/wp-content/uploads/2016/03/Machinist-Tells-of-Hair-Found-in-Factory-Lathe-300x363.png 300w" sizes="auto, (max-width: 337px) 100vw, 337px" /></a><p id="caption-attachment-10118" class="wp-caption-text">Newspaper account of the discovery by R.P. Barrett</p></div></p>
<p>Meanwhile, more and more real evidence was piling up. On Monday morning, April 28, pencil factory employee Robert Paul Barrett found bloody hair tangled around the iron handle of his bench lathe (see the Coroner&#8217;s Inquest, May, 1913), which was located against the south wall of the metal room. Moments later, one of the child laborers there, Magnolia Kennedy, discovered a five-inch-wide fan-shaped blood spatter on the floor near the metal room bathroom door. She immediately told Barrett. Someone had smeared Haskoline, a white powder lubricant, over the stain, but it was imperfectly concealed.</p>
<p>These metal room forensic discoveries were critical. They strongly suggested that Mary Phagan had not been killed in the basement where she was dumped, but instead in the metal room. The metal room was on the second floor, the same floor where she worked, where her metal supplies would have been, and where everyone acknowledged she had met Frank to get her pay just a short time before her death. Another fact supporting this conclusion was that the drag marks on Mary&#8217;s face <em>showed no signs of bleeding or healing</em> despite the fact that she had obviously been bodily dragged, and drag marks were found in the basement leading from the elevator shaft to where she was found. <em>Therefore she was already dead when she was dragged across the basement floor</em>. The police measured 140 feet from the drag marks&#8217; beginning at the basement&#8217;s elevator shaft to their end where she was found.</p>
<p>After Leo Frank was arrested on Tuesday, he swore to the police that he had <em>never left his office</em> on the day of the murder from noon to 12:45 pm, the crucial time in which it was ultimately determined that Mary Phagan lost her life. He said the same thing at the Coroner&#8217;s Inquest. He continued to say the same thing &#8212; that he&#8217;d <em>never left his office during that time</em> &#8212; for three and a half months.</p>
<p><div id="attachment_10475" style="width: 286px" class="wp-caption alignleft"><a href="https://leofrank.info/wp-content/uploads/2016/04/miss-monteen-stover-leo-frank-1913.jpg"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-10475" class="size-full wp-image-10475" src="https://leofrank.info/wp-content/uploads/2016/04/miss-monteen-stover-leo-frank-1913.jpg" alt="" width="276" height="385" /></a><p id="caption-attachment-10475" class="wp-caption-text">Monteen Stover</p></div></p>
<p>A breakthrough in the Mary Phagan murder investigation occurred on May 3, 1913: Atlanta police accidentally bumped into 14-year-old Monteen Stover at the National Pencil Company factory. Stover was a former employee of the pencil company. She was present with her stepmother, who was terrified and livid because of some very interesting circumstances that had occurred exactly one week earlier. Monteen had failed to retrieve her pay envelope when she arrived to pick it up from Leo Frank the week before, on April 26, 1913 &#8212; the day of the murder. When the police asked Stover what time she came to the factory, she said she arrived in Frank&#8217;s office at 12:05 pm <em>and found his office empty</em>, so she waited for five minutes and finally gave up and left at 12:10 pm, because she thought no one was there. When asked how she knew what time it was, Stover reminded the police about the prominent wall clock in Leo Frank&#8217;s office.</p>
<p>On Sunday, May 4, 1913, armed with this new information from Monteen Stover, police detective John Black and Pinkerton detective Harry Scott approached Leo Frank in his jail cell to test his murder alibi. They asked him if he had been in his office <em>every minute</em> from noon to 12:45 pm on April 26. Leo Frank responded affirmatively, saying &#8220;yes.&#8221; The question was restated &#8212; &#8220;Were you in your office every minute between twelve noon and 12:45 pm on April 26, 1913?&#8221; Leo Frank again said &#8220;yes.&#8221;</p>
<p><div id="attachment_11708" style="width: 317px" class="wp-caption alignright"><a href="https://leofrank.info/wp-content/uploads/2016/08/sept_harry-scott.jpg"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-11708" class="size-full wp-image-11708" src="https://leofrank.info/wp-content/uploads/2016/08/sept_harry-scott.jpg" alt="" width="307" height="523" srcset="https://leofrank.info/wp-content/uploads/2016/08/sept_harry-scott.jpg 307w, https://leofrank.info/wp-content/uploads/2016/08/sept_harry-scott-300x511.jpg 300w" sizes="auto, (max-width: 307px) 100vw, 307px" /></a><p id="caption-attachment-11708" class="wp-caption-text">Detective Harry Scott</p></div></p>
<p>Here was a significant contradiction. Someone was not telling the truth. Someone was lying about Frank&#8217;s whereabouts at the very time that Mary Phagan was being raped and killed. And it certainly seemed unlikely that Monteen Stover was the one who was lying, or could have any conceivable motive to lie.</p>
<p>This new information suggested that Leo Frank might have gone with Mary Phagan back to the metal room before 12:05 pm. The mystery was narrowing. But then Leo Frank tried to widen it again the next day by changing his account of the time of Mary Phagan&#8217;s arrival <em>for the third time</em>.</p>
<p>On Monday, May 5, 1913, Leo Frank told the Coroner and his six-man jury that Mary Phagan had come to his office <em>between 12:10 pm and 12:15 pm</em> on the murder day. This contradicted his deposition to police on Monday, April 28, 1913, when he had stated that Mary came into his office between 12:05 pm and 12:10 pm, &#8220;maybe 12:07 pm&#8221; &#8212; and even further contradicting his Sunday, April 27, 1913, statement that Mary Phagan entered his office at 12:03 pm.</p>
<p>The Coroner and his jury unanimously voted to bind Leo Frank over for the murder of Mary Phagan and to put the case into the hands of the grand jury.</p>
<p>After a two-week investigation into the Phagan murder, Leo Frank was unanimously indicted by 21 grand jurymen &#8212; who included in their number several Jewish members, putting into serious doubt Dinnerstein&#8217;s claim that Leo Frank was indicted and convicted because of anti-Semitism. For insight into what was stated at the Leo Frank grand jury hearings, the accounts in the three major competing Atlanta newspapers at the time, which are being transcribed and published at <a href="https://leofrank.info">the Leo Frank Case Research Library</a>.</p>
<p>Leo Frank&#8217;s 29-day trial began on July 28, 1913 and ended on August 25, 1913.</p>
<p>While on the stand at his trial, Leo Frank changed his story again. On August 18, 1913, at 2:46 pm, he attempted to explain why Monteen Stover had found his office empty on the murder day between 12:05 pm and 12:10 pm. Frank told the judge and jury that the reason Monteen had found his office empty, and why he had denied he&#8217;d ever left it, was because he might have &#8220;unconsciously&#8221; gone to the bathroom in the metal room toilet during the period when Monteen Stover was looking for him. The metal room bathroom was also &#8212; and this is what makes his revelation so startling &#8212; <em>within inches of where Mary Phagan was killed</em> and this putative bathroom visit also <em>occurred at the very time that Mary was being sexually assaulted and murdered</em>.</p>
<p>Here are Leo Frank&#8217;s exact words on the witness stand at his trial:</p>
<blockquote><p>Now, gentlemen, to the best of my recollection from the time the whistle blew for twelve o&#8217;clock until after a quarter to one when I went up stairs and spoke to Arthur White and Harry Denham, to the best of my recollection, I did not stir out of my office; but it is possible that in order to answer a call of nature or to urinate I may have gone to the toilet. Those are things that a man does unconsciously and can not tell how many times nor when he does it (<em>Leo Frank Trial Brief of Evidence</em>, 1913, p. 186).</p></blockquote>
<p>This astonishing admission was most significant, not only because the only set of bathrooms that existed on the second floor were located in the metal room (<em>Defendant&#8217;s Exhibit 61</em>,<em> State&#8217;s Exhibit A</em>), but also because the area next to the toilet in the metal room was the place where Jim Conley testified he had found Mary Phagan dead after Leo Frank had privately confessed to Conley that he had committed a violent assault on her because she had refused to have sex with him.</p>
<p>There was no bathroom on the first floor, and none of the management or white employees would likely have gone all the way down into the dark, gloomy basement and walked all the way to the rear in the pitch-black darkness for the purpose of illicitly using the racially segregated &#8220;negro toilet&#8221; there. No, if Leo Frank made an unconscious trip to answer a &#8220;call of nature,&#8221; the metal room bathroom, the one he always used, would have been his only possible destination.</p>
<p>Leo Frank would sustain this dumbfounding admission on March 9, 1914, in an authorized jailhouse interview published in the Atlanta <em>Constitution</em>.</p>
<p>Leonard Dinnerstein <em>completely ignores</em> this astounding piece of evidence from the mouth of Leo Frank himself.</p>
<p><div id="attachment_12088" style="width: 200px" class="wp-caption alignleft"><a href="https://leofrank.info/wp-content/uploads/2016/10/Minola-McKnight.png"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-12088" class="wp-image-12088" src="https://leofrank.info/wp-content/uploads/2016/10/Minola-McKnight.png" alt="" width="190" height="214" srcset="https://leofrank.info/wp-content/uploads/2016/10/Minola-McKnight.png 305w, https://leofrank.info/wp-content/uploads/2016/10/Minola-McKnight-300x338.png 300w" sizes="auto, (max-width: 190px) 100vw, 190px" /></a><p id="caption-attachment-12088" class="wp-caption-text">Minola McKnight</p></div></p>
<p>Another thing Professor Emeritus Dinnerstein does not provide you with is the whole story of what the cook in the Frank-Selig household, Minola McKnight, and her husband Albert, revealed to the police on June 3, 1913. It amounted to yet another confession by Leo Frank.</p>
<p>The facts attested to are these: At 10:30 pm on the day of the murder, the drunk Leo Frank confessed to his wife, Lucille S. Frank, what he had done at the factory that afternoon (<em>Leo Frank Trial Brief of Evidence</em>, State&#8217;s Exhibit J, June 3, 1913). Frank told his wife he &#8220;didn&#8217;t know why&#8221; he &#8220;would murder&#8221; &#8212; and then asked for his pistol to shoot himself. Frank also made his wife Lucille sleep on the floor.</p>
<p>This likely explains why Lucille did not visit Leo Frank in jail for two weeks after his arrest on Tuesday, April 29, 1913, which became quite a scandal at the time. It also explains why grave site number one, reserved for Lucille S. Frank (location ID: 1-E-41-1035-01) and located to the immediate left of Leo Frank&#8217;s grave at Brooklyn&#8217;s Mount Carmel Cemetery, is still empty. Lucille Frank died in 1957 and <em>chose not to be buried there</em>. She requested cremation in her magistrate-notarized 1954 will. According to Lucille&#8217;s grandnephew, she asked that her ashes be spread in an Atlanta park, but a local ordinance prevented it, so she was instead buried in an unmarked grave between the tombstones of her beloved parents in Atlanta&#8217;s Oakland Cemetery &#8212; hundreds of miles away from Leo Frank&#8217;s grave (Oney, 2003, 2004).</p>
<p><div id="attachment_7235" style="width: 248px" class="wp-caption alignright"><a href="https://leofrank.info/wp-content/uploads/2014/11/lucille-frank-photograph.jpg"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-7235" class="size-full wp-image-7235" src="https://leofrank.info/wp-content/uploads/2014/11/lucille-frank-photograph.jpg" alt="" width="238" height="305" /></a><p id="caption-attachment-7235" class="wp-caption-text">Lucille Frank</p></div></p>
<p>Leonard Dinnerstein also perpetuates sensationalistic hack writer and self-promoter Pierre van Paassen&#8217;s ridiculous 1964 ( ! ) &#8220;bite mark&#8221; hoax. Van Paassen, whose writing included such gems as claiming to have seen supernatural &#8220;ghost dogs,&#8221; is advanced as having important &#8220;revelations&#8221; about the case &#8212; by the same Dinnerstein who totally ignores vital trial testimony.</p>
<p>Van Paassen wrote:</p>
<blockquote><p>The Jewish community of Atlanta at that time seemed to live under a cloud. Several years previously one of its members, Leo Frank, had been lynched as he was being transferred from the Fulton Tower Prison in Atlanta to Milledgeville for trial on a charge of having raped and murdered a little girl in his warehouse which stood right opposite the <em>Constitution</em> building. Many Jewish citizens who recalled the lynching were unanimous in assuring me that Frank was innocent of the crime.</p>
<p>I took to reading all the evidence pro and con in the record department at the courthouse. Before long I came upon an envelope containing a sheaf of papers and a number of X-ray photographs showing teeth indentures. The murdered girl had been bitten on the left shoulder and neck before being strangled. But the X-ray photos of the teeth marks on her body did not correspond with Leo Frank&#8217;s set of teeth of which several photos were included. If those photos had been published at the time of the murder, as they should have been, the lynching would probably not have taken place.</p>
<p>Though, as I said, the man died several years before, it was not too late, I thought, to rehabilitate his memory and perhaps restore the good name of his family. I showed Clark Howell the evidence establishing Frank&#8217;s innocence and asked permission to run a series of articles dealing with the case and especially with the evidence just uncovered. Mr. Howell immediately concurred, but the most prominent Jewish lawyer in the city, Mr. Harry Alexander, whom I consulted with a view to have him present the evidence to the grand jury, demurred. He said Frank had not even been tried. Hence no new trial could be requested. Moreover, the Jewish community in its entirety still felt nervous about the incident. If I wrote the articles old resentments might be stirred up and, who knows, some of the unknown lynchers might recognize themselves as participants in my description of the lynching. It was better, Mr. Alexander thought, to leave sleeping lions alone. Some local rabbis were drawn into the discussion and they actually pleaded with Clark Howell to stop me from reviving interest in the Frank case as this was bound to have evil repercussions on the Jewish community.</p>
<p>That someone had blabbed out of school became quite evident when I received a printed warning saying: &#8220;Lay off the Frank case if you want to keep healthy.&#8221; The unsigned warning was reinforced one night or, rather, early one morning when I was driving home. A large automobile drove up alongside of me and forced me into the track of a fast-moving streetcar coming from the opposite direction. My car was demolished, but I escaped without a scratch (Pierre van Paassen, <em>To Number Our Days</em>, 1964, p. 237-8).</p></blockquote>
<p><div id="attachment_14115" style="width: 310px" class="wp-caption alignleft"><a href="https://leofrank.info/wp-content/uploads/2019/01/Pierre-Van-Paassen_crop.jpg"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-14115" class="size-medium wp-image-14115" src="https://leofrank.info/wp-content/uploads/2019/01/Pierre-Van-Paassen_crop-300x339.jpg" alt="" width="300" height="339" srcset="https://leofrank.info/wp-content/uploads/2019/01/Pierre-Van-Paassen_crop-300x339.jpg 300w, https://leofrank.info/wp-content/uploads/2019/01/Pierre-Van-Paassen_crop-768x869.jpg 768w, https://leofrank.info/wp-content/uploads/2019/01/Pierre-Van-Paassen_crop-680x769.jpg 680w, https://leofrank.info/wp-content/uploads/2019/01/Pierre-Van-Paassen_crop.jpg 851w" sizes="auto, (max-width: 300px) 100vw, 300px" /></a><p id="caption-attachment-14115" class="wp-caption-text">Pierre van Paassen</p></div></p>
<p>Whew! &#8220;Great scholar&#8221; and &#8220;expert on the Frank case&#8221; Leonard Dinnerstein apparently forgot how to do basic fact checking when he endorsed that pile of dreck. And then he forgot <em>again</em> when he published his second edition. And his third, and his fourth. My, my, my &#8212; such a lot of forgetting!</p>
<p>In reality, x-ray technology was in its infancy in 1913, and it was not possible to x-ray bite marks on skin in 1913, nor would such a thing be necessary anyway &#8212; bite marks are on the surface! No contemporary newspaper reports or court papers or medical reports indicate that Mary Phagan was bitten at any time or by any one. It&#8217;s a complete fiction, never heard of until &#8220;ghost dog&#8221; Pierre made it up &#8212; and then Dinnerstein repeats it as if it were established fact.</p>
<p>Vehicles had virtually no safety features to speak of in 1922, when van Paassen claimed his car was run down and caused to crash into a streetcar, so the chances of someone walking away &#8220;without a scratch&#8221; from a such a head-on collision are very close to zero.</p>
<p>Leo Frank&#8217;s appeals attorney was not named &#8220;Harry Alexander&#8221; and Leo Frank was <em>not</em> lynched &#8220;on his way to his murder trial&#8221; in 1913. Nor did anyone this side of a madhouse ever claim that Leo Frank was not tried! Leo Frank had his trial, was found guilty, and was sentenced to death by Judge Leonard Strickland Roan on August 26, 1913. He was hanged nearly two years later on August 17, 1915. And Leo Frank went on trial in Atlanta &#8212; not 170 miles away in Milledgeville where the hoaxer suggests the trial was scheduled.</p>
<p>Dinnerstein also perpetuates another egregious and easily-disproved hoax: that, during Frank&#8217;s trial, mobs of angry people were screaming anti-Semitic slogans and directing death threats at the jury through the courtroom windows (see &#8220;Leo Frank and the American Jewish Community,&#8221; <em>American Jewish Archive Journal</em> 1968, vol. 20, no. 2). <em>None</em> of Leo Frank&#8217;s voluminous appeals to every possible court up to and including the US Supreme Court <em>ever</em> mention such an incident, nor do <em>any</em> of the local Atlanta newspapers &#8212; each of which had teams of sensation-hungry reporters inside and outside the courtroom every single day of the trial.</p>
<p><div id="attachment_9827" style="width: 210px" class="wp-caption alignright"><a href="https://leofrank.info/wp-content/uploads/2016/03/conleyj-1.jpg"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-9827" class="size-full wp-image-9827" src="https://leofrank.info/wp-content/uploads/2016/03/conleyj-1.jpg" alt="" width="200" height="269" /></a><p id="caption-attachment-9827" class="wp-caption-text">Jim Conley</p></div></p>
<p>In the television documentary <em>The People v. Leo Frank</em> (2009), Professor Dinnerstein hoaxed us again when he said that Leo Frank helped the police uncover the fact that pencil factory sweeper Jim Conley could write. Discovering that Conley could write was considered very important, since murder notes had been found next to Mary Phagan&#8217;s body. The facts, however, are radically different from Dinnerstein&#8217;s claims.</p>
<p>Approximately 22 minutes into the film, our Professor Emeritus makes authoritative-sounding comments on the interrogation of Jim Conley by the Atlanta Police Department. Dinnerstein states to Director Ben Loeterman:</p>
<blockquote><p>They [the Atlanta Police] asked [Jim Conley] about the notes; he said, ‘I can&#8217;t read and write.’ That happened to come up in a conversation between the police and Frank, and Frank said, ‘of course he can write, I know he can write, he used to borrow money from me and sign promissory notes’ — so Conley had not been completely honest with the police.</p></blockquote>
<p>Dinnerstein is implying that Leo Frank was the one who told police that Conley could write, thus putting a major break in the case right in the hands of the detectives. He makes the same claim in his book, though, strangely, the alleged quote from Leo Frank is entirely different this time, stating on page 22:</p>
<blockquote><p>The authorities had not considered Conley a serious suspect until they discovered that he could write. The Negro sweeper had originally denied his ability to read and write, but the news that he could eventually reached Harry Scott of the Pinkertons because of a chance remark made in front of Leo Frank. “I know he can write,” Frank said, “I have received many notes from him asking me to loan him money.”</p></blockquote>
<p><div id="attachment_14116" style="width: 243px" class="wp-caption alignright"><a href="https://leofrank.info/wp-content/uploads/2019/01/britt-craig.jpg"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-14116" class="size-medium wp-image-14116" src="https://leofrank.info/wp-content/uploads/2019/01/britt-craig-233x600.jpg" alt="" width="233" height="600" srcset="https://leofrank.info/wp-content/uploads/2019/01/britt-craig-233x600.jpg 233w, https://leofrank.info/wp-content/uploads/2019/01/britt-craig.jpg 270w" sizes="auto, (max-width: 233px) 100vw, 233px" /></a><p id="caption-attachment-14116" class="wp-caption-text">Britt Craig</p></div></p>
<p>The problem for Dinnerstein, <a href="https://leofrank.info/">now that people can read original, contemporary accounts of the case from people who were there</a>, is that his made-up stories can easily be debunked. Here’s the real story of how detective Harry Scott found out that Jim Conley could write, as reported by journalist Britt Craig, who personally interviewed the people directly involved, for the <em>Atlanta Constitution</em> of July 13, 1913:</p>
<blockquote><p>Conley had maintained that he was illiterate—couldn’t even write his name, and as this seemed the only vulnerable spot in his story, Scott told him he probably was a liar.</p>
<p>At least, it was the only thing about the negro that could plausibly be discredited. On the theory that every negro who owns a wife and home as Conley owned, possesses furniture bought on the installment plan, the two sleuths cast about for some contract to which the black man could possibly have attached his signature.</p>
<p>They visited third-rate furniture stores, business houses and jewelry shops. The search was fruitless. The signature of Conley was as missing as the secret of the sphinx. Scott was prepared to abandon his hunch on the doorsteps of failure, when Fate—not a thirst—took them to the vicinity of a saloon near Five Points.</p>
<p>Providence—and not the bouncer—urged a gentleman in Panama and white shoes, and with the oily air of a collector, gently through the doorway. He stepped to the sidewalk and recognized Black. He greeted and shook a disconsolate hand.</p>
<p>“You’ve got a nigger down at police station I’d certainly like to see,” he announced.</p>
<p>“What nigger?” said Black, promoting conversation.</p>
<p>“That Conley nigger?”</p>
<p>Something bright and dazzling flashed through Scott’s hunch-ridden brain as he noticed the batch of bills carefully folded in the person’s coat pocket.</p>
<p>The hunch told him to collar the oily individual and search his batch of bills. He did, at the oily one’s consent. A single glance revealed a contract issued to Jim Conley. A second glance revealed the negro’s name, scrawled in a characteristic hand all over the signee’s line.</p>
<p>Scott’s hunch had been fulfilled. It had guided him to a specimen of the black sweeper’s handwriting—two words in barely legible script that proved the negro a liar three ways from breakfast. It has since proved the means of lifting the Phagan secret from the mire of mystery.</p>
<p>The contract was signed by Conley more than twelve months ago for a watch he had bought from a jewelry firm. It is now in possession of the solicitor general, and likely will be produced as evidence in the coming trial of Leo Frank.</p>
<p>What followed its discovery was the most successful third degree ever operated at police headquarters. Scott and Black showed the signature to the solicitor general, detective chief and Chief Beavers.</p>
<p>Then, they showed it to Conley.</p>
<p>It was on a Sunday afternoon. Police station was dull and drowsy and a sleepy atmosphere pervaded the building. Even the inevitable newspaper reporter was absent. Scott and Black took the prisoner into the little 6×8 “sweat box” and sat him where the light could play full on his face.</p>
<p>Scott locked the door and threw the key over the transom. Black pulled off his coat, let down his suspenders and put cigarettes conveniently near. Conley blinked at the light and wondered what was coming off.</p>
<p>Scott pulled a mysterious something from his pocket and laid it on the table. It was a folded bit of paper, and he smiled significantly as it left his hand. Conley grimaced and shifted a leg.</p>
<p>“Well, Jim, we’ve got the deadwood on you. Better cough up and tell us something.”</p>
<p>“Honest, white folks, I swear ’fore God and High heaven I don’t know a thing.” His plea was pathetic in its apparent sincerity.</p>
<p>“But we know better. The quicker you tell, the better off you’ll be. Kick in, Jim—kick in. It’s the best for you.”</p>
<p>“I can’t kick,” protested the negro. “I ain’t got nothin’ to kick for.”</p>
<p>Scott stepped to the table and pointed at the folded slip.</p>
<p>“You see that! It’s enough to hang you. You don’t know what it is, and you couldn’t guess in a year. It’s dead-wood, nigger. It’s dead-wood. You’d better kick through or we’ll pull it on you.”</p>
<p>The negro studied the slip intently. He was sorely puzzled. Great drops of sweat rolled down his face and his fingers twitched nervously. His very air betrayed guilt.</p>
<p>“Listen,” said Scott. “Can you write?”</p>
<p>“Naw, sir, I can’t. I never could.”</p>
<p>“Will you swear it?”</p>
<p>“I shore will.”</p>
<p>“Do you know the penalty for perjury?”</p>
<p>“Naw, sir—what is it?”</p>
<p>“Twenty years in the gang—maybe more.”</p>
<p>“What’s perjury?”</p>
<p>“Swearing a lie.”</p>
<p>“But I ain’t goin’ to swear no lie.”</p>
<p>“You will if you swear you can’t write. Here! Look at this.”</p>
<p>The Pinkerton man unfolded the mysterious slip. It was the contract. The negro noted the signature with a betraying flash of recognition.</p>
<p>“How could you sign this if you couldn’t write?”</p>
<p>Conley was wordless for minutes. He stared dumbly out the window and twisted his fingers. Suddenly, he exclaimed:</p>
<p>“White folks, I’m a liar!”</p></blockquote>
<p>Besides the bill collector, another person who told the police that Jim Conley could write — long before Leo Frank mentioned it — was E.F. Holloway, the day watchman at Frank’s pencil factory.</p>
<p>You will note that there is nothing whatever in this contemporary account above about Leo Frank being the &#8220;great hero&#8221; and letting the police know that Conley could write. It was only <em>later</em> that Frank admitted that Conley could write: Leo Frank and his allies had initially been trying to frame Newt Lee and had been very, very silent about Jim Conley, since they knew Conley was an accessory in the case and could hurt Frank. Frank kept Conley’s literacy a guarded secret until Harry Scott found out about it. When the Frank forces failed to frame Lee and began to frame Conley, however, there was no longer anything to be gained by silence. <em>Reading Leonard Dinnerstein’s supposedly exhaustive and authoritative works, you would learn nothing of this</em>.</p>
<p>Dinnerstein also tells another whopper at about the 52-minute mark in the <em>People v. Leo Frank</em> documentary:</p>
<blockquote><p>No one in the Jewish community in Atlanta publicly commented about Frank’s innocence or guilt, or about the nature of the trial, even though the Jewish community was <em>incensed.</em></p></blockquote>
<p><div id="attachment_14117" style="width: 310px" class="wp-caption alignleft"><a href="https://leofrank.info/wp-content/uploads/2019/01/rabbi-david-marx.jpg"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-14117" class="size-medium wp-image-14117" src="https://leofrank.info/wp-content/uploads/2019/01/rabbi-david-marx-300x349.jpg" alt="" width="300" height="349" srcset="https://leofrank.info/wp-content/uploads/2019/01/rabbi-david-marx-300x349.jpg 300w, https://leofrank.info/wp-content/uploads/2019/01/rabbi-david-marx-768x894.jpg 768w, https://leofrank.info/wp-content/uploads/2019/01/rabbi-david-marx-680x792.jpg 680w, https://leofrank.info/wp-content/uploads/2019/01/rabbi-david-marx.jpg 1070w" sizes="auto, (max-width: 300px) 100vw, 300px" /></a><p id="caption-attachment-14117" class="wp-caption-text">Rabbi David Marx</p></div></p>
<p>That’s yet another easily-disproved hoax from Dinnerstein. Anyone who has read the coverage in the Atlanta daily newspapers, before and during and after the trial of Leo Frank for the murder of Mary Phagan, knows that there are <em>innumerable</em> cases of Jews stating publicly that that Frank was innocent and “couldn’t be guilty,” including some statements made in court, and including the public statements of Atlanta’s Rabbi David Marx who was quoted in the documentary <em>just seconds</em> after Dinnerstein’s whopper — and in fact, in one case Rhea Frank, Leo Frank’s mother, called prosecutor Hugh Dorsey a “Gentile dog” in open court because she objected to a line of questioning that suggested that Leo Frank might have made inappropriate sexual advances on the young girls in his employ. This episode was widely reported and certainly Leonard Dinnerstein knows about it (and all the others).</p>
<p>My mother taught me, and I still believe, that I should always try to see the good in everything. So, despite the fact that Professor Dinnerstein&#8217;s book is filled from beginning to end with easily disproven falsehoods and obfuscations, I must admit that the gold leaf sprayed on the edges of each page is rather nice. And another good thing to come from all this is my new acquaintance with all the fine writers and researchers at <em>The American Mercury</em> and other excellent publications, who have freely allowed me to quote and paraphrase their ideas and discoveries here.</p>
<p>I encourage everyone to buy &#8212; no, forget that &#8212; to <em>borrow</em> a copy of Leonard Dinnerstein&#8217;s book and compare it with the official legal files, records, and documents of the Leo Frank case. You will then understand in depth why Dinnerstein&#8217;s book is sham scholarship, a fraud motivated by a bizarre, twisted, racist agenda.</p>
<p>And once you have understood <em>that</em>, then ask yourself why the pillars of academe, the mass media, and the censor-happy potentates at Google and the other Internet giants, still promote Leonard Dinnerstein as an authority and a scholar. If enough people do that, and come to understand Dinnerstein and the culture of deception he represents, then there really will be something beyond mere good &#8212; there will be something <em>great</em> that will come from the evil this man has done.</p>
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		<title>The Leo Frank Case: A Pseudo-History</title>
		<link>https://leofrank.info/the-leo-frank-case-a-pseudo-history/</link>
		
		<dc:creator><![CDATA[Chief Curator]]></dc:creator>
		<pubDate>Sun, 22 May 2016 14:16:16 +0000</pubDate>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Hoaxes]]></category>
		<category><![CDATA[Leonard Dinnerstein]]></category>
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					<description><![CDATA[by Elliot Dashfield a review of The Leo Frank Case by Leonard Dinnerstein, University of Georgia Press IN 1963, nearly a half century after the sensational trial and lynching of Leo Frank become a national cause célèbre, a graduate student named Leonard Dinnerstein (pictured) decided to make the Frank case the subject of his PhD thesis. Three years later, Dinnerstein <a class="more-link" href="https://leofrank.info/the-leo-frank-case-a-pseudo-history/">Continue Reading &#8594;</a>]]></description>
										<content:encoded><![CDATA[<p><div id="attachment_9666" style="width: 265px" class="wp-caption alignright"><a href="http://www.leofrank.org/wp-content/uploads/2016/03/dinnerstein.jpg"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-9666" class="size-full wp-image-9666" src="https://www.leofrank.org/wp-content/uploads/2016/03/dinnerstein.jpg" alt="Leonard Dinnerstein" width="255" height="182" /></a><p id="caption-attachment-9666" class="wp-caption-text">Leonard Dinnerstein</p></div></p>
<p>by Elliot Dashfield</p>
<p>a review of <em>The Leo Frank Case </em>by Leonard Dinnerstein, University of Georgia Press</p>
<p>IN 1963, nearly a half century after the sensational trial and lynching of Leo Frank become a national <em>cause célèbre</em>, a graduate student named Leonard Dinnerstein (pictured) decided to make the Frank case the subject of his PhD thesis. Three years later, Dinnerstein <a href="https://leofrank.info/wp-content/uploads/2024/10/the-leo-frank-case-leonard-dinnerstein.pdf">submitted his dissertation</a> to the political science department of Columbia University &#8212; and his thesis became the basis of his 1968 book, <em>The Leo Frank Case</em>. Dinnerstein&#8217;s book has undergone numerous tweaks, additions, and revisions over the years – more than a half dozen editions have been published. His latest version, published in 2008, is the culmination of his nearly 50 years of research into the Leo Frank affair.</p>
<p><span id="more-10843"></span></p>
<p><strong>Readability: two out of five stars</strong></p>
<p>Dinnerstein lacks eloquence. He produces flat, cardboard-colored “social history.” The language is stale, bland, and dated. If it weren&#8217;t for the fascinating topic, the book would be an intolerable and impossible-to-finish bore. I do wonder how many readers pick up this book and never finish it.</p>
<p><strong>Honesty, Integrity and Reliability: one out of five stars</strong></p>
<p>Given the many decades Leonard Dinnerstein has spent studying the Leo Frank case, and assuming Dinnerstein is a scholar, I find it almost impossible to understand the sheer number of conspicuous errors, misquotes, fabrications, misrepresentations, and shameless omissions made in every edition of this book from 1968 to 2008.</p>
<p>Examining Dinnerstein&#8217;s 1966 PhD dissertation, I discovered the probable explanation. Dinnerstein’s central thesis – and his motivation for a half century of work – is his belief that “widespread anti-Semitism” in the South was the reason Leo Frank was indicted and convicted. Dinnerstein takes this as his position – and makes it his mission to convince us of its truth – despite the consensus, among Jewish and Gentile historians alike, that anti-Semitism was virtually unknown in the South, and despite the fact <em>every level of the United States legal system from 1913 to 1986</em> let stand the verdict of the 1913 Leo Frank jury trial that unanimously convicted Leo Frank of murder – and despite the fact that the Fulton County Grand Jury that unanimously indicted Leo Frank had three Jewish members.</p>
<p>The question that naturally arises in the mind of any unbiased reader is: What compelled these men to vote unanimously to indict and convict Frank, and what compelled our leading jurists to let his conviction stand after the most intensely argued and well researched appeals? Was it the facts, testimony, and evidence presented to them? Or was it anti-Semitism?</p>
<p>Was the Georgia Supreme Court anti-Semitic when it stated affirmatively that the evidence presented at the Leo Frank trial sustained his conviction? Was the United States Supreme Court anti-Semitic when its decision went against Leo Frank?</p>
<p>The answer can be found in the official unabridged <em>Leo Frank Trial Brief of Evidence</em>, 1913 – a legal record which Leonard Dinnerstein went to great lengths to obfuscate and distort. And Dinnerstein did <em>not even bother</em> telling the reader what the Georgia Supreme Court records revealed about how Leo Frank’s legal defense fund was utilized.</p>
<p>This is what makes every edition of Dinnerstein’s <em>The Leo Frank Case</em> so disappointing: In order to maintain his position of “anti-Semitism was behind it all,” he had to omit or misrepresent the most relevant facts, evidence, and testimony from the trial.</p>
<p>Dinnerstein&#8217;s myopic view of Jewish-Gentile relations first revealed itself in his 1966 PhD thesis. Ironically, his lack of objectivity itself seemed to propel him upward in the politically-charged worlds of academia and the mass media. That Leo Frank was innocent – and that Southern, white, anti-Semitic haters were exclusively to blame for his conviction – fit the narrative that the leaders in these fields had internalized and wished to propagate as “history.” Dinnerstein’s book was perfect for its intended market – the new intelligentsia that has come to dominate the academy. His book was also seminal in shaping the popular perception of the Leo Frank case. It helped to transform a well-documented true crime case into a semi-fictionalized myth of a stoic Jewish martyr who was framed by a vast anti-Semitic conspiracy.</p>
<p><strong>Leonard Dinnerstein vs. Every Level of the United States System of Justice</strong></p>
<p>Leonard Dinnerstein writes in his 2008 preface, &#8220;I have no doubts: Frank was innocent.&#8221; This statement, which sets the dominant tone of his book, goes against the majority decisions of every single level of the United States legal system. More than <em>a dozen</em> experienced judges – incomparably more qualified than Dinnerstein to sift the evidence – reviewed the evidence and arguments put forth by Frank’s own legal team, along with the Leo Frank trial testimony, affidavits, facts, and law pertaining to the case – and <em>all </em>came to the same conclusion: They sustained the guilty verdict of the jury.</p>
<p>If a person was subpoenaed to testify at a criminal trial involving a 29-year-old man accused of bludgeoning, raping, and strangling a 13-year-old girl, and this witness knowingly falsified and withheld evidence about the defendant – that&#8217;s called perjury. If the witness provided perjured testimony and this was later proven beyond a reasonable doubt by a trial jury, that witness would likely find himself in prison for a number of years. But when an academic spends 40 years of his life muddling facts, withholding evidence, fraudulently manipulating the official legal records and testimony of a real criminal case, we call him not perjurer, but &#8220;historian.&#8221;</p>
<p>I have read nearly everything written by Leonard Dinnerstein – not just his books, but his numerous magazine and journal articles. I purchased <em>every</em> edition of Leonard Dinnerstein&#8217;s books. I took the time to read, cross reference, and compare his works against the sources he cites in his bibliographies. The only conclusion I am able to come to is that Leonard Dinnerstein shows an unrelenting pattern of inventing facts, misquoting, dramatizing, befogging, embellishing, overstating, and oversimplifying incidents in his books. Dinnerstein&#8217;s books – supposedly non-fiction – are filled with a fairly skillful, though flat and boring, simulation of academic analysis and research. They can be, and are indeed designed to be, persuasive to those who don’t bother to read the original sources or do any fact-checking.</p>
<p>For those who have carefully studied the three major Atlanta dailies (<em>Georgian</em>, <em>Constitution</em> and <em>Journal</em>) through the years 1913 to 1915, learning about the Leo Frank case through their day-by-day accounts – and then cross-referencing them with the official legal records of the Leo Frank trial and appeals – Leonard Dinnerstein&#8217;s book is a colossal letdown, a failure, and a disgrace.</p>
<p><strong>Evidence of Dishonesty</strong></p>
<p>In his article in the <em>American Jewish Archive Journal</em> (1968) Volume 20, Number 2, Dinnerstein makes his now-famous claim that mobs of anti-Semitic Southerners, outside the courtroom where Frank was on trial, were shouting into the open windows &#8220;Crack the Jew’s neck!&#8221; and &#8220;Lynch him!&#8221; and that members of the crowd were making open death threats against the jury, saying that the jurors would be lynched if they didn&#8217;t vote to hang “the damn sheeny.”</p>
<p>But <em>not one</em> of the three major Atlanta newspapers, who had teams of journalists documenting feint-by-feint all the events in the courtroom, large and small, and who also had teams of reporters with the crowds outside, <em>ever</em> reported these alleged vociferous death threats. And certainly such a newsworthy event could not be ignored by highly competitive newsmen eager to sell papers and advance their careers. Do you <em>actually</em> believe that the reporters who gave us such meticulously detailed accounts of this Trial of the Century, even writing about the seating arrangements in the courtroom, the songs sung outside the building by folk singers. and the changeover of court stenographers in relays, would leave out all mention or notice of a murderous mob making death threats to the jury? During the <em>two years</em> of Leo Frank&#8217;s appeals, <em>none </em>of these alleged anti-Semitic death threats were ever reported by Frank’s own defense team. There is not a word of them in the 3,000 pages of official Leo Frank trial and appeal records – and all this despite the fact that Reuben Arnold made the claim during his closing arguments that Leo Frank was tried only because he was a Jew.</p>
<p>The patently false accusation that European-American Southerners used death threats to terrorize the jury into convicting Leo Frank is a racist blood libel, pure and simple. Yet, thanks to Leonard Dinnerstein, this fictional episode has entered the consciousness of Americans of all stations as “history” – as one of the pivotal facts of the Frank case. It has been repeated countless times, in popular articles and academic essays, on stage and on film and television, and, as the 100th anniversary of the case approaches, it will be repeated as many times again – until there is not a single man, woman, or child who is unaware of it. That is anti-history, not history. I would say shame on Leonard Dinnerstein – if I thought him a being capable of shame.</p>
<p>Dinnerstein, who supported himself almost his entire life by writing about anti-Semitism, would surely know better than anyone else that if such an incident had actually happened, it would have been the stuff of lurid headlines long before 1918, to say nothing of 1968. His contempt for us – his firm belief that we will not check any of his claims – is palpable.</p>
<p><strong>More Deception</strong></p>
<p>Leonard Dinnerstein was interviewed for <a href="http://www.leofrank.org/people-v-leo-frank/">the video documentary <em>The People vs. Leo Frank</em></a> (2009). In that interview, he makes statements that he must <em>know</em> to be untrue about the death notes found on Mary Phagan’s body.</p>
<p>The documentary shows us a dramatization of the interrogation of Jim Conley by the Atlanta Police in May, 1913 – and Dinnerstein then states:</p>
<p>“They [the Atlanta police] asked him [Jim Conley] about the notes. He said ‘I can’t read and write.’ That happened to come up in a conversation between the police and Frank, and Frank said, ‘Of course he can write; I know he can write, he used to borrow money from me and sign promissory notes.’ So Conley had not been completely honest with the police.” (<em>The People vs. Leo Frank</em>, 2009).</p>
<p>This Dinnerstein segment has been posted on YouTube and the documentary is commercially available. Notice that Dinnerstein’s clear implication is that Leo Frank blew the whistle on Jim Conley’s false claim of being illiterate, and that Frank was the instrument of this discovery. But that is a bald-faced lie.</p>
<p>Leo Frank was arrested on April 29, 1913 and Jim Conley was arrested two days later, on May 1. Leo Frank never admitted to the police that he knew Jim Conley could write until <em>weeks</em> after that fact was already known to investigators. Pinkerton detective Harry Scott was informed that Jim Conley could write by an operative who spoke to a pawnbroker – not by Leo Frank. On May 18, 1913, after two and a half weeks of interrogation, Atlanta police finally got Conley to admit he wrote the Mary Phagan death notes &#8212; but Conley revealed he did so at the behest of Leo Frank. After several successive interrogations, the approximate chain of events became clear.</p>
<p><div id="attachment_1174" style="width: 262px" class="wp-caption alignleft"><a href="http://www.nationalvanguard.org/wp-content/uploads/2012/10/leo-m-frank.jpg"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-1174" class=" wp-image-1174 " title="leo-m-frank" src="https://www.nationalvanguard.org/wp-content/uploads/2012/10/leo-m-frank-300x415.jpg" alt="" width="252" height="349" /></a><p id="caption-attachment-1174" class="wp-caption-text">Leo Frank</p></div></p>
<p>Leo Frank kept completely quiet about the fact that Jim Conley could read and write <em>for more than two weeks</em>, even though Jim Conley – working as a roustabout at the factory – had done written inventory work for Frank. Leo Frank also allowed Jim Conley to run a side business out of the National Pencil Company, wheeling and dealing pocket watches under questionable circumstances. In one of these deals, Conley was said to have defrauded Mr. Arthur Pride, who testified about it at the Leo Frank trial. Frank himself vetted and managed Conley&#8217;s pocket watch contracts, keeping them locked in his office safe. Leo Frank would take out small payments from Conley&#8217;s weekly wages and pay down the pawnshop owner&#8217;s loans. Leo Frank didn’t tell investigators he was overseeing Conley&#8217;s watch contracts until it was far too late, after the police had found out about it independently.</p>
<p>I encourage people to read the official Leo Frank trial <em>Brief of Evidence</em>, 1913, to see for themselves whether or not Leo Frank informed the police about Jim Conley’s literacy immediately after he was arrested – or if he only admitted to that fact after the police had found out about it through other means weeks later. This is something that Leonard Dinnerstein, familiar as he has been – for decades – with the primary sources in the case, <em>must have known for a very long time</em>. Yet in this very recent interview, he tries to make us believe the precise opposite of the truth – tries to make us believe that Frank was the one who exposed this important fact. There’s a word for what Dinnerstein is, and it’s not “historian.”</p>
<p><strong>One of the Biggest Frauds in the Case</strong></p>
<p>Dinnerstein knowingly references claims that do not stand up to even minimal scrutiny. For example, he uncritically accepts the 1964 hoax by hack writer and self-promoter Pierre van Paassen, who claimed that there were in existence in 1922 X-ray photographs at the Fulton County Courthouse, taken in 1913, of Leo Frank&#8217;s teeth, and also X-ray photographs of bite marks on Mary Phagan&#8217;s neck and shoulder – and that anti-Semites had suppressed this evidence.. Van Paassen further alleged – and Dinnerstein repeated – that the dimensions of Frank’s teeth did not match the “bite marks,” thereby exonerating Frank.</p>
<p>Here’s the excerpt from <a href="http://archive.org/details/ToNumberOurDaysByPierreVanPaassen">van Paassen’s 1964 book <em>To Number Our Days</em></a> (pages 237 and 238) that Dinnerstein endorses:</p>
<p style="padding-left: 30px;">“The Jewish community of Atlanta at that time seemed to live under a cloud. Several years previously one of its members, Leo Frank, had been lynched as he was being transferred from the Fulton Tower Prison in Atlanta to Milledgeville for trial on a charge of having raped and murdered a little girl in his warehouse which stood right opposite the Constitution building. Many Jewish citizens who recalled the lynching were unanimous in assuring me that Frank was innocent of the crime.</p>
<p style="padding-left: 30px;">“I took to reading all the evidence pro and con in the record department at the courthouse. Before long I came upon an envelope containing a sheaf of papers and a number of X-ray photographs showing teeth indentures. The murdered girl had been bitten on the left shoulder and neck before being strangled. But the X-ray photos of the teeth marks on her body did not correspond with Leo Frank&#8217;s set of teeth of which several photos were included. If those photos had been published at the time of the murder, as they should have been, the lynching would probably not have taken place.</p>
<p style="padding-left: 30px;">“Though, as I said, the man died several years before, it was not too late, I thought, to rehabilitate his memory and perhaps restore the good name of his family. I showed Clark Howell the evidence establishing Frank&#8217;s innocence and asked permission to run a series of articles dealing with the case and especially with the evidence just uncovered. Mr. Howell immediately concurred, but the most prominent Jewish lawyer in the city, Mr. Harry Alexander, whom I consulted with a view to have him present the evidence to the grand jury, demurred. He said Frank had not even been tried. Hence no new trial could be requested. Moreover, the Jewish community in its entirety still felt nervous about the incident. If I wrote the articles old resentments might be stirred up and, who knows, some of the unknown lynchers might recognize themselves as participants in my description of the lynching. It was better, Mr. Alexander thought, to leave sleeping lions alone. Some local rabbis were drawn into the discussion and they actually pleaded with Clark Howell to stop me from reviving interest in the Frank case as this was bound to have evil repercussions on the Jewish community.</p>
<p style="padding-left: 30px;">“That someone had blabbed out of school became quite evident when I received a printed warning saying: ‘Lay off the Frank case if you want to keep healthy.’ The unsigned warning was reinforced one night or, rather, early one morning when I was driving home. A large automobile drove up alongside of me and forced me into the track of a fast-moving streetcar coming from the opposite direction. My car was demolished, but I escaped without a scratch&#8230;.”</p>
<p>Dinnerstein references these pages in his book (page 158 of the 2008 edition), saying “In 1923, at the height of the Ku Klux Klan&#8217;s power, a foreign journalist, working for <em>The Atlanta Constitution, </em>became interested in Leo Frank and went back to study the records of the case. He came across some x-rays showing teeth indentations in Mary Phagan&#8217;s left shoulder and compared them with x-rays of Frank&#8217;s teeth; but the two sets did not correspond. On the basis of this, and other insights garnered from his investigation, the newspaperman wanted to write a series ‘proving’ Frank&#8217;s innocence. One anonymous correspondent sent him a printed note: ‘Lay off the Frank case if you want to keep healthy,’ but this did not deter him.&#8221;</p>
<p>Since Dinnerstein is such a lofty academic scholar and professor, perhaps he simply forgot to ask a current freshman in medical school if it was even possible to X-ray bite marks on skin in 1913 – or necessary in 2012, for that matter – because it&#8217;s not. In 1913, X-ray technology was in its infancy and never used in any criminal case until many years after Leo Frank was hanged. Was Leo Frank&#8217;s lawyer named &#8220;Harry Alexander&#8221; or Henry Alexander? Why would the famous attorney who represented Leo Frank during his most high-profile appeals say <em>he didn&#8217;t have his trial yet</em>?! Leo Frank was <em>not</em> lynched on his way to trial in Milledgeville – he wasn’t on his way to anywhere, and it happened in Marietta, 170 miles away. And it defies the laws of physics, and all logic and reason, to believe that any person driving a motor vehicle in 1922 – when there were virtually no safety features in automobiles – could suffer a direct collision with a “fast-moving streetcar” and survive “without a scratch.” Oddly, Dinnerstein says van Paassen “was not deterred” from writing the supposed series of articles, though even the hoaxer himself clearly implies that he was indeed deterred. (Even the most basic online research would also have shown that van Paassen is a far from credible source who once publicly claimed to have seen supernatural “ghost dogs” which could appear and disappear at will.)</p>
<p>Not only did Dinnerstein completely fail to point out the obviously preposterous nature of van Paassen’s account, but he blandly presents his claims as established historical fact. If this is scholarship, then Anton LaVey is the Pope.</p>
<p>Surely Leonard Dinnerstein has had, and continues to have, access to the primary sources in this case. Certainly he can read the official legal documents online at the State of Georgia&#8217;s online archive known as the Virtual Vault, as I have done without difficulty.</p>
<p>It is hard to fathom the deep contempt that Leonard Dinnerstein must have for his readers. Did he think that these official legal records, once buried in dusty government vaults, would never make their way online? Did he think that Georgia&#8217;s three major newspapers from 1913 to 1915, the <em>Atlanta Constitution</em>, <em>Atlanta Journal</em>, and <em>Atlanta Georgian</em>, would never make their way online? Or does his contempt run even deeper – did he think that, online or not, none of us would ever check up on his claims?</p>
<p><strong>Covering Up the Racial Strategy of the Defense</strong></p>
<p>What one can most charitably call Leonard Dinnerstein’s lack of candor is apparent not only in sins of commission, but also of omission. In his book, Dinnerstein completely fails to mention the well-known strategy of Leo Frank’s defense team to play on the racial conflicts present in 1913 Georgia and pin the murder of Mary Phagan on, successively, two different African-American men.</p>
<p>The first victim was Newt Lee, the National Pencil Company’s night watchman. After that intrigue fell apart, Frank’s team abruptly changed course and tried to implicate the firm’s janitor – and, according to his own testimony, Frank’s accomplice-after-the-fact – James &#8220;Jim&#8221; Conley. Leo Frank&#8217;s defense team played every white racist card they could muster against Jim Conley at the trial, and continued doing so through two years of appeals. Frank’s own lawyer, addressing the jury, said “Who is Conley? Who was Conley as he used to be and as you have seen him? He was a dirty, filthy, black, drunken, lying nigger…Who was it that made this dirty nigger come up here looking so slick? Why didn’t they let you see him as he was?” Had this been said at trial by <em>anyone</em> other than Leo Frank’s defense attorney, it would have been thoroughly denounced by any academic with even half the normal quota of flaming outrage against white racism. But as for Dinnerstein&#8230;. Well, with only 40 years to study the case, I suppose he just overlooked it.</p>
<p><strong>A Mockery</strong></p>
<p>Leonard Dinnerstein’s <em>The Leo Frank Case</em> is a mockery of legal history. Dinnerstein intentionally leaves out volumes of damaging evidence, testimony, and facts about the case. His glaring omissions are documented in, among many other sources, the Georgia Supreme Court’s Leo Frank case file. Leonard Dinnerstein misleads the reader, rewriting the case almost at will, and incorporating long-discredited and nonsensical half-truths that would never stand up to even the most elementary scrutiny.</p>
<p>Dinnerstein has created a book that will be remembered by history as a shameless, over-the-top attempt to create a mythology of Leo Frank as a “martyr to anti-Semitism.” In doing that, he seems to care not at all that he may be rehabilitating the image of a serial pedophile, rapist, and strangler. To Dinnerstein, the fact that Leo Frank is Jewish, and his belief that Southern whites were anti-Jewish, are all-important realities – far more important than the facts of the case, which he presents very selectively to persuade us that his ethnocentric view is the only correct one. Leonard Dinnerstein’s partisanship borders on the pathological, and his integrity is, like Pierre van Paassen’s, essentially nonexistent.</p>
<p>The definitive, comprehensive, objective book on the Leo Frank case has, unfortunately, never been written. But as an antidote to Dinnerstein’s myth-making, you might want to read <em>The Murder of Little Mary Phagan</em> by Mary Phagan Kean. Although her book is amateurishly written, she did make a refreshingly honest effort to present both sides of the case in an unbiased manner.</p>
<p>This doesn&#8217;t mean I haven&#8217;t found errors in Kean&#8217;s book – I have – but compared to all the major Leo Frank authors (Oney, Dinnerstein, Alphin, Melnick, the Freys, and Golden) who have written about the case in the last 99 years, Mary Phagan Kean made the best and most honest attempt to be fair, balanced, and neutral, despite her belief in Leo Frank&#8217;s guilt. The same cannot be said for Leonard Dinnerstein.</p>
<p>I have closely studied the <em>several thousand</em> pages of the Leo Frank trial and appeal records (1913 &#8211; 1915), read every book (1913 &#8211; 2010) on the subject, and reviewed, more than once, the three primary Atlanta newspapers, the <em>Journal</em>, <em>Constitution</em>, and <em>Georgian</em> (1913 &#8211; 1915), concerning their coverage of the Leo Frank case. I believe the jury made the correct decision in the summer of 1913.</p>
<p>But regardless of my opinion on any matter, with which reasonable men and women may well disagree, there is <em>no doubt whatever</em> that the accusations of anti-Jewish shenanigans, threats, and jury intimidation at the Leo Frank trial, promoted by Leonard Dinnerstein and repeated by many others, are flat-out lies. His creation and perpetuation of such tales amounts to perjury. And his is an especially vile kind of perjury, made by one who is pathologically obsessed with anti-Semitism and who imagines persecution where none exists. His is a perjury that creates injustice not just for <em>one</em> victim and <em>one</em> perpetrator, but, by twisting and distorting our view of the past, for our entire society.</p>
<p style="text-align: center;">___</p>
<p style="text-align: center;">REFERENCES:</p>
<p><a href="https://leofrank.info/wp-content/uploads/2024/10/the-leo-frank-case-leonard-dinnerstein.pdf">Leonard Dinnerstein&#8217;s original dissertation</a></p>
<p><a href="http://www.leofrank.org/people-v-leo-frank/"><em>The People v. Leo Frank</em></a></p>
<p><a href="http://archive.org/details/ToNumberOurDaysByPierreVanPaassen"><em>To Number Our Days</em> by Pierre van Paassen</a></p>
<p><a href="http://theamericanmercury.org/2012/10/the-leo-frank-case-a-pseudo-history/">Read the original article at <em>The American Mercury</em></a></p>
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