Tag Archives: Mary Phagan

The Leo Frank Trial: Closing Arguments of Hooper, Arnold, and Rosser

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Leo-Frank-and-attorneys-340x264

Originally published by the American Mercury on the 100th anniversary of the Leo Frank trial.

The American Mercury continues its centenary coverage of the trial of Leo Frank for the slaying of Mary Phagan with the closing arguments presented by the prosecution and defense.

by Bradford L. Huie

IT’S A LONG READ — but an essential one for everyone who wants to consider himself well-informed on the Leo Frank case: the closing arguments from indefatigable Fulton County Prosecutor Hugh Dorsey and his assistant Frank Hooper, and from Leo Frank’s brilliantly skilled defense attorneys Reuben Arnold and Luther Rosser. Continue Reading →

100 Years Ago Today: Leo Frank Takes the Stand

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Leo-Frank-on-the-Witness-StandOriginally published by the American Mercury on the 100th anniversary of the Leo Frank trial.

In a few days the Mercury will present Week Three of the trial of Leo Frank for the murder of Mary Phagan. Today, on the 100th anniversary of Leo Frank taking the stand in his own defense, we present a digest of opinion and contemporary sources on his statement.

AT THE CLIMAX of the Leo Frank trial, an admission was made by the defendant that amounted to a confession during trial. How many times in the annals of US legal history has this happened? Something very unusual happened during the month-long People v. Leo M. Frank murder trial, held within Georgia’s Fulton County Superior Courthouse in the Summer of 1913. I’m going to show you evidence that Mr. Leo Max Frank inadvertently revealed the solution to the Mary Phagan murder mystery.

Leo Frank

Leo Frank

In addition to being an executive of Atlanta’s National Pencil Company, Leo Frank was also a B’nai B’rith official — president of the 500-member Gate City Lodge in 1912 — and even after his conviction and incarceration Frank was elected lodge president again in 1913. As a direct result of the Leo Frank conviction, the B’nai B’rith founded their well-known and politically powerful “Anti-Defamation League,” or ADL. Continue Reading →

Leo Frank Trial: Week Four

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Leo-Frank-closeup-340x264Originally published by the American Mercury on the 100th anniversary of the Leo Frank trial.

Join The American Mercury as we recount the events of the final week of the trial of Leo Frank (pictured) for the slaying of Mary Phagan.

by Bradford L. Huie

ON THE HEELS of Leo Frank’s astounding unsworn statement to the court, the defense called a number of women who stated that they had never experienced any improper sexual advances on the part of Frank. But the prosecution rebutted that testimony with several rather persuasive female witnesses of its own. These rebuttal witnesses also addressed Frank’s claims that he was so unfamiliar with Mary Phagan that he did not even know her by name. (For background on this case, read our introductory article, our coverage of Week One,  Week Two, and Week Three of the trial, and my exclusive summary of the evidence against Frank.)

Here are the witnesses’ statements, direct from the Brief of Evidence, interspersed with my commentary. The emphasis and paragraphing (for clarity) is mine. The defense recommenced with a large contingent of Frank’s friends, business associates, and employees who would say that Leo Frank was of good character and had not, to their knowledge, made any improper sexual approaches to the girls and women who worked under him: Continue Reading →

The Leo Frank Trial: Week Three

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Leo-Frank-suit-portrait_crop-340x264Originally published by the American Mercury on the 100th anniversary of the Leo Frank trial.

The trial of Leo Frank (pictured) for the murder of Mary Phagan ended its third week 100 years ago today. Join us as we break through the myths surrounding the case and investigate what really happened.

by Bradford L. Huie

AS THE THIRD WEEK of the trial dawned, the prosecution had just made its case that National Pencil Company Superintendent Leo Max Frank had murdered 13-year-old laborer Mary Phagan — and a powerful case it was. Now it was the defense’s turn — and the defense team was a formidable one, the best that money could buy in 1913 Atlanta, led by Reuben Arnold and Luther Rosser. And many would argue that the city’s well-known promoter and attorney Thomas B. Felder was also secretly working for Frank and his friends, along with the two biggest detective agencies in the United States, the Burns agency — sub rosa, under the direction of Felder — and the Pinkertons — openly, cooperating with the police, and under the direction of the National Pencil Company. (For background on this case, read our introductory article, our coverage of Week One and Week Two of the trial, and my exclusive summary of the evidence against Frank.)

As the defense began its parade of witnesses, few suspected that the defendant himself, Leo Frank, would soon take the stand and make an admission so astonishing that it strained belief. Continue Reading →

“Thousands in Atlanta Living the Life of Mary Phagan’s Murderer”—Rev. W. W. Memminger

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Thousands In Atlanta

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

Atlanta Constitution

Monday, May 26th, 1913

“Thousands of people in Atlanta are living the lives today that the murderer of Mary Phagan lived, and which culminated in the atrocious crime,” declared Rev. W. W. Memminger, pastor of All Saints’ Episcopal church. In a sermon yesterday morning which he devoted in great part to pleading for a better standard of morals in the daily life of man and woman.

The woman who uses paint and powder, who dances the turkey trot and who dresses in a suggestive manner came in for scathing remarks from the rector, but the man who boasts of being the stronger sex, and yet bends his efforts to tearing down woman’s standard, instead of upholding and protecting virtue and purity, was given even greater blame.

“Women are wrong to adopt any suggestive manner of dress or to use paint and powder which for hundreds of years has been the mark and symbol of a certain type of women,” said the pastor, “and I agree with the church councils which have passed resolutions deprecating it.” Continue Reading →

The Leo Frank Trial: Week Two

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jim-conley-340x264Originally published by the American Mercury on the 100th anniversary of the Leo Frank trial.

The trial of Leo Frank for the murder of Mary Phagan ended its second week 100 years ago today. Join us as we delve into the original documents of the time and learn what the jurors learned.

by Bradford L. Huie

THE EVIDENCE that National Pencil Company Superintendent Leo Frank had murdered 13-year-old child laborer Mary Phagan was mounting up as the second week of Frank’s trial began in Atlanta, and passions were high on both sides as star witness Jim Conley (pictured) took the stand.

The attempt to frame the innocent black  night watchman, Newt Lee, had failed, despite 1) the “death notes” left near the body implicating him, 2) the bloody shirt planted in his trash barrel, and 3) the forged time card supposedly showing that he had left his post for several hours the night the murder was discovered. Although no one of significance suspected Lee at this point, the defense would still try to attack the medical testimony that placed the murder near midday on April 26, and would introduce Lee’s second alleged time card, provided by Frank, purporting to show that Lee had many hours unaccounted for on the night of the 26th and the early morning hours of the 27th of April.

Newt Lee’s testimony of Frank’s peculiar behavior that afternoon and evening was compelling. Another African-American was about to become pivotal in this case: factory sweeper Jim Conley would testify that he had helped Frank by keeping watch while Frank “chatted” with Mary alone in his office, and by assisting Frank in moving her body to the basement after she was accidentally killed. Conley was about to become central to the defense’s case, too — they would allege that Conley was the real killer. (For background on this case, read our introductory article, our coverage of Week One of the trial, and my exclusive summary of the evidence against Frank.) Continue Reading →

The Leo Frank Trial: Week One

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Originally published by the American Mercury on the 100th anniversary of the Leo Frank trial.

100 years ago today the trial of the 20th century ended its first week, shedding brilliant light on the greatest murder mystery of all time: the murder of Mary Phagan. And you are there.

by Bradford L. Huie

THE MOST IMPORTANT testimony in the first week of the trial of National Pencil Company superintendent Leo Frank for the murder of Mary Phagan was that of the night watchman, Newt Lee (pictured, right, in custody), who had discovered 13-year-old Mary’s body in the basement of the pencil factory during his nightly rounds in the early morning darkness of April 27, 1913. Here at the Mercury we are following the events of this history-making trial as they unfolded exactly 100 years ago. We are fortunate indeed that Lee’s entire testimony has survived as part of the Leo Frank Trial Brief of Evidence, certified as accurate by both the defense and the prosecution during the appeal process. (For background on this case, read our introductory article and my exclusive summary of the evidence against Frank.) Continue Reading →

100 Years Ago Today: The Trial of Leo Frank Begins

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Originally published by the American Mercury on the 100th anniversary of the Leo Frank trial.

Take a journey through time with the American Mercury, and experience the trial of Leo Frank (pictured, in courtroom sketch) for the murder of Mary Phagan just as it happened as revealed in contemporary accounts. The Mercury will be covering this historic trial in capsule form from now until August 26, the 100th anniversary of the rendering of the verdict.

by Bradford L. Huie

THE JEWISH ANTI-DEFAMATION LEAGUE (ADL) — in great contrast to the American Mercury and other independent media — has given hardly any publicity to the 100th anniversary of the murder of Mary Phagan and the arrest and trial of Leo Frank, despite the fact that these events eventually led to the foundation of the ADL. Probably the League is saving its PR blitz for 1915, not only because that is centenary of Leo Frank’s death by lynching (an event possibly of much greater interest to the League’s wealthy donors than the death of Mary Phagan, a mere Gentile factory girl), but also because encouraging the public to read about Frank’s trial might not be good for the ADL — it might well lead to doubts about the received narrative, which posits an obviously innocent Frank persecuted by anti-Semitic Southerners looking for a Jewish scapegoat.

For readers not familiar with the case, a good place to start is Scott Aaron’s summary of the crime, from his The Murder of Mary Phagan and the Lynching of Leo Frank, which states in part:

“ON SATURDAY morning at 11:30, April 26, 1913 Mary Phagan ate a poor girl’s lunch of bread and boiled cabbage and said goodbye to her mother for the last time. Dressed for parade-watching (for this was Confederate Memorial Day) in a lavender dress, ribbon-bedecked hat, and parasol, she left her home in hardscrabble working-class Bellwood at 11:45, and caught the streetcar for downtown Atlanta.

“Before the festivities, though, she stopped to see Superintendent Leo M. Frank at the National Pencil Company and pick up from him her $1.20 pay for the one day she had worked there during the previous week….

“Almost no one knew it at the time, but by one o’clock one young life was already over. For her there would never again be parades, or music, or kisses, or flowers, or children, or love. Mary Phagan never left the National Pencil Company alive. Abused, beaten, and strangled by a rough cord pulled so tightly that it had embedded itself deeply in her girlish neck and made her tongue protrude more than an inch from her mouth, Mary Phagan lay dead, dumped in the dirt and shavings of the pencil company basement, her once-bright eyes now sightless and still as she lay before the gaping maw of the furnace where the factory trash was burned.”

Continue Reading →

Three Strangling Deaths: Why I Chose to Write About the Leo Frank Case

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A newly-discovered photograph of Mary Phagan

Mary Phagan

by Scott Aaron

IT MAY WELL BE the greatest murder mystery of all time. Some assert that the Mary Phagan murder case is solved, but those who so assert are of two different and mutually exclusive camps. And those two camps still stand diametrically opposed to this day, four generations later. The case aroused the outrage and ire and vengeance of two great communities. One, the Jewish community, feel overwhelmingly today, and felt to a lesser but still substantial extent in 1913, that Leo Frank was tried and condemned simply because he was a Jew. They believe that Leo Frank is so obviously innocent that he never would have been tried had it not been for endemic anti-Semitism in 1913 Atlanta. And they have been remarkably effective in making  Southern anti-Semitism the leitmotif of virtually all drama, documentary, and other remembrance of this case for the last half century. The other, the largely Christian Southern gentile community, believed overwhelmingly in 1913 — and to an unknown but doubtlessly  large degree still believes today — that justice was done when all the jurors, and every appeal court in the land including the Supreme Court of the United States, after a monumental and impressively-funded defense, agreed that Leo Frank was fairly tried and convicted for the murder of Mary Phagan. And it must rankle Southerners almost beyond words to be accused of anti-Semitism, when no Christian community anywhere on earth has so respected and welcomed Jews, has so openly acknowledged its spiritual roots in Judaism, or has so enthusiastically supported the Jewish state of Israel. Continue Reading →

Christianity, Anti-Semitism, and the American South: Background to the Leo Frank Case

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marietta_churchby Scott Aaron
and the editors of LeoFrank.info

GEORGIA, as a part of the South, is a place where, though freethinkers are certainly not unknown, the vast majority of the population is deeply committed to Christianity — largely Protestant, fundamentalist Christianity. One’s personal “walk with Jesus” is taken very seriously here, and the religion informs almost every aspect of private, family, and public life. The fundamentalist worldview is dominant, as it is throughout the South, which, along with a few border states, is not called the “Bible Belt” for nothing. This was doubly true in 1913.

Continue Reading →

The Crime: Mary Phagan’s Death by Strangling

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Mary_Phaganby Scott Aaron
and the editors of LeoFrank.info

ON SATURDAY morning at 11:30AM, April 26, 1913 Mary Phagan (pictured) ate a poor girl’s lunch of bread and boiled cabbage and said goodbye to her mother for the last time. Dressed for parade-watching (for this was Confederate Memorial Day) in a lavender dress, ribbon-bedecked hat, and parasol, she left her home in hardscrabble working-class Bellwood at 11:45, and caught the streetcar for downtown Atlanta.

Before the festivities, though, she stopped to see Superintendent Leo M. Frank at the National Pencil Company and pick up from him her $1.20 pay for the one day she had worked there during the previous week. She had been laid off for most of that week because the material needed for the tipping department in the metal room, where she worked, had been late in arriving. Continue Reading →

Tobie is Studying Mary Phagan’s Life

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Tobie is Studying

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

Atlanta Constitution

Wednesday, May 21st, 1913

Burns Operative Finds New Theory in Detailed Study of Life of Girl Who Was Murdered.

Investigation into the life of Mary Phagan from the time she was a child until the day upon which she was murdered has been the work for the past several days of C. W. Tobie, the investigator who is preceding William J. Burns in the attempt to find the perpetrator of the crime.

The detective will not reveal his specific reasons for accumulating a record of the girl’s life, but steadily he has been familiarizing himself with every detail which it has been possible to learn. When his chief reaches Atlanta he will have practically every detail in the life of the murdered girl at his finger tips. Tobie states that this is an important part of his criminal investigation.

All of Tuesday morning was spent in interviewing Mrs. James W. Coleman, mother of the dead girl, at her home, 146 Lindsay street. The grief-stricken parent broke into tears before the examination was finished. Tobie learned that on the morning of Mary’s disappearance she had arisen early to help her mother with the day’s housework.

Ironing Sunday Frock.

Up until the time she caught the trolley car for town, shortly after 11 o’clock, she had been ironing a summer frock which she intended wearing to Sunday school the following Sunday. It still lies carefully spread across the chair upon which she had folded it, a cherished memento of her bright young life. Continue Reading →

Women Declare Phagan Murder Must Be Solved

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Women Declare

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

Atlanta Constitution

Tuesday, May 20th, 1913

“Freedom of Murderer Is a Menace to Honor and Life of Every Woman,” Writes Mrs. James Carr.

Optimistic over the prospects for solving the Mary Phagan mystery, C. W. Tobie, chief of the William J. Burns criminal department, told a reporter for The Constitution yesterday morning that he was confident the girl’s murderer would be apprehended and convicted in a surprisingly short while.

“What if Mary Phagan were your child?” is the subject of an eloquent plea made to the women of Atlanta by Mrs. Jane F. Carr for the apprehension of the slyer. Women of all walks of life and classes are uniting in one combined effort to assist in investigation.

Mrs. Carr’s plea is an apt illustration of the widespread sentiment felt by the women of the city. It will be recalled that six prominent women advanced the suggestion to Attorney Felder that Detective Burns be employed, and the fund was started by The Constitution. Women’s clubs and organizations all over Georgia are ready and willing to lead every aid possible.

Women Are Interested.

Mrs. Carr’s letter follows: Continue Reading →

Burns Agent Outlines Phagan Theory

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Burns Agent Outlines

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

Atlanta Georgian

Monday, May 19th, 1913

Famous Detective’s Aid, C. W. Tobie, Issues First Statement on Work in Slaying Case.

C. W. Tobie, manager of the criminal department of the W. J. Burns Detective Agency, Monday made public his theory of the murder of Mary Phagan. For the first time the man who is representing Burns in Atlanta’s greatest mystery until the noted detective arrived consented to see reporters.

Tobie’s theory is that Mary Phagan was murdered inside the National Pencil plant, by some one familiar with the premises, and that her body was dragged to the basement for purposes of concealment and probably destruction. He scouted the idea she was killed on the outside and dragged inside, and declared that too much buncombe has been given out by men who have only muddled the waters.

While no new arrests are expected immediately, Tobie declared the mystery is not all impossible of solution, and that the guilty man will be apprehended in due time. Meanwhile, he promised to issue statements telling the progress made from time to time.

Burns Expert’s Theory.

Here is Tobie’s theory as he outlined it to a Georgian reporter today:

Mary Phagan, while in the pencil factory, was approached by some one who made an improper proposal. She resented it and the man asked her to remain silent. She refused, saying she would report the affair to the proper authorities, and the man struck her, hurling her against a machine, the impact causing the skull wound. Continue Reading →

Burns, Called in as Last Resort, Faces ‘Cold Trail’ in Baffling Phagan Case

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Burns Called InAnother in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian

Sunday, May 18th, 1913

World’s Most Famous Detective Must Disregard All Theories Advanced Thus Far and Must Evolve His Own Solution of the Mysterious Slaying.

By AN OLD POLICE REPORTER.

Can William J. Burns solve the Phagan mystery?

I certainly hope so, as does everybody else who would like to see the guilty person in this extraordinary case brought to justice.

Unless Burns and his assistants are successful, I fear we shall never know who actually committed the crime.

In my article in The Sunday American on May 4, I said: “At present, on the evidence now before the public, there is little or nothing to lead to the belief that the mystery has been solved. Will it ever be solved? My own guess is that it will not.”

What can Burns do that has not been done? Everything, of course.

He will begin at the beginning. He will take up the case as a medical diagnostician takes up the case of a new patient, with out any reference whatever to reports of previous experts. Continue Reading →

Phagan Theory is Unchanged After Three Weeks’ Probe

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Phagan Theory is Unchanged

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

Atlanta Journal

Sunday, May 18th, 1913

Most Searching Investigation Ever Conducted in a Criminal Case in Georgia Brings No New Developments

STATE WILL STAND BY THEORY AS OUTLINED

Fund to Pay Detective Burns is Mounting—Greeks Sent In Subscription Saturday, Grand Jury Acts Soon

The hunt for the murderer of Mary Phagan has now been in progress for three weeks. Never before has there been such a thorough, exhaustive and efficient probe made of a crime committed in this state. And now the authorities are back to the theory which the city detective have claimed since a few days after the crime is the solution of the mystery of Mary Phagan’s death.

Solicitor General H. M. Dorsey’s consistent work on the mystery has served only to strengthen, it is said, the theory of the city detectives as printed exclusively a week ago by The Journal.

In the three weeks which have passed since Newt Lee, a negro night watchman at the National Pencil factory, phoned Call Officer Anderson that he he had found the body of a white woman in the basement of the factory, the probe of what has been termed Atlanta’s most atrocious crime has been in progress.

Practically the entire city detectives has worked night and day on the mystery. Solicitor Dorsey’s detective, the attaches of his office, and the deputy sheriffs have been on the job. The Pinkertons were called into the case shortly after the crime was discovered, and they have had several men continually at work on the case. In addition practically every private detective in Atlanta, and they are legion, has in the hope of fame or reward, been quietly lending his efforts to a solution of the mystery. Continue Reading →

In Loop of Death Dorsey May Have Clue to Murderer

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In Loop of Death Dorsey May Have

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

Atlanta Constitution

Saturday, May 17th, 1913

Noose Found Knotted Around Neck of Mary Phagan Being Carefully Examined by Officers.

BURNS RIGHT-HAND MAN NOW PROBING MYSTERY

Fund Started by The Constitution for Purpose of Bringing Noted Detective to Atlanta Has Reached $1,500.

In the noose found knotted around the throat of Mary Phagan’s lifeless body, Solicitor Dorsey and headquarters detectives aver they possess a valuable clue to the girl’s murderer.

It is being inspected by experts, who also are examining specimens of cord picked up here and there in the factory building in which the child was slain. Expecting to find a knot which compares with that which was used to strangle the victim, detectives are scouring every portion of the plant’s premises.

The knot in the wrapping cord is looped, sailor-fashion, in an inextricable knot. No novice, the sleuths say, could form it so well. When the body was discovered, the noose fitted so tightly around the throat that it had formed a purple trench-like scar in the flesh.

Knot Tied by Professional.

The solicitor and detectives hope to follow up the clue by comparing the death loop with specimens found in the pencil factory. But few amateurs, it is said, outside of professionals in stage craft and aboard ship, are expert enough to tie such an intricate knot as the one with which Mary Phagan was strangled. Continue Reading →

No Phagan Trial Before Last of June Declares Solicitor

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No Phagan Trial Before Last of June

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

Atlanta Journal

Thursday, May 15th, 1913

If Indictments Are Returned by Grand Jury When Bills Are Presented There Will Be No Immediate Trial

WM. J. BURNS COMING, SAYS THOS. B. FELDER

He Calls Upon the Public to Subscribe a Fund to Pay the Expense of Bringing Great Detective to Atlanta

Should the Fulton county grand jury, when it meets next Thursday or Friday, return a true bill against either one or both of the men held by the coroner’s jury in the Mary Phagan murder investigation, the state will not attempt to bring them to trial before the latter part of June.

The rumors to the effect that the state would rush the trial at a special court session if Leo M. Frank or Newt Lee is indicted for the killing by the grand jury were set at rest Thursday by this statement from Solicitor General Hugh M. Dorsey.

The examination of witnesses by the solicitor continued on Thursday, and a number of witnesses in the case appeared at the solicitor’s office to make statements, of which a stenographic record is kept. Continue Reading →

Victim of Murder Prepared to Die, Believes Dorsey

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Victim of Murder Prepared

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

Atlanta Constitution

Thursday, May 15th, 1913

Identification Slip Carried by Mary Phagan in Her Pocketbook Causes Theory That the Victim Had Been Threatened With Violence.

Either threatened with death or warned by some dread premonition of an untimely end, Mary Phagan is believed by Solicitor Dorsey to have prepared for her tragic fate by writing the identification slip discovered hidden in a compartment of the metal pocketbook which she carried daily.

The slip was given the solicitor Wednesday morning by a reporter for The Constitution. The reporter also made an authorized statement of the source from which it was obtained. It was given him by J. W. Coleman, step-father of the girl victim.

The slip was written six days before the murder. Her parents have never known her to have possessed such an article. Its presence in her pocketbook is said by them to be as mysterious as her death. Mr. Dorsey values it highly.

Bases New Theory On the Slip.

On it he already has based a plausible theory. Members of his staff have been assigned to investigation of the motive which impelled the slain girl to strive so thoroughly, as she endeavored in the mysterious slip, to establish her identification in case of emergency. Continue Reading →

Friends Say Frank’s Actions Point to Innocence

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A young Leo Frank (top center) and friends enjoy a day at the beach in New York.

A young Leo Frank (top center) and friends enjoy a day at the beach in New York.

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

Atlanta Georgian

Wednesday, May 14th, 1913

If Leo M. Frank is guilty of any connection with the murder of Mary Phagan, his actions in the Tower belie the time-honored theories of the greatest criminologists the world has ever produced, visitors to the prisoner declare.

Famous psychologists, working on the supposition that the great weight of guilt upon the mind of a murderer will, if given time, finally overbalance the calm exterior with which he faces his accusers, have made excellent use of what they have termed “silent treatment.”

Prisoners accused of horrible crimes have been thrown into cells and left to brood in the long hours of the night. Often a scream, ringing down the prison corridors, will tell the tale of their guilt. Cell keepers, rushing up, have found prisoners re-enacting their crimes, muttering the same words they used when they slew their victims and beating the air with their fists. In one celebrated case demonstrating this, the man beat his brains out against the bars before he could be rescued. His action, it was claimed afterward, was due to overpowering remorse following the realistic pantomime of the death scene in which he figured. Continue Reading →