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.

Mary Phagan, just a few weeks short of her 14th birthday, was an Atlanta child laborer who was planning to attend the Confederate Memorial Day parade on April 26, 1913. She had just come to collect her $1.20 pay from National Pencil Company superintendent Leo Frank, when she was knocked down, struck, and wounded by an assailant who tore her undergarments, abused her, and then strangled her to death with a piece of cord. Her body was dumped in the factory basement.

It all begins with Mary Phagan, a sweet and lovely 13-year-old girl on the threshold of womanhood. She was loved and treasured by those who knew her well. When her all-too-real tragedy began, she had just played the part of Sleeping Beauty in a church play (and, her family tells us, was unable to stop giggling during the rehearsals of the kissing scene). Barely a teenager, she was nevertheless providing support to her family – at the wage rate of seven and a half cents an hour (see Gannt testimony, coroner’s inquest) – working as a child laborer in the sweatshop of Atlanta’s National Pencil Company.

Late on Saturday morning, April 26, 1913, brightly dressed for the parade and festivities that were to take place that afternoon to celebrate Confederate Memorial Day, Mary Phagan went to pick up her pay of $1.20 from factory superintendent and part-owner Leo Frank. Frank was a businessman who was so well-respected in Atlanta’s very successful Jewish community that, at the age of 29, he had become the president of the local chapter of B’nai B’rith.

Judge Leonard Strickland Roan, who presided over the trial of Leo Frank, instructed the jury to set aside prejudice and judge the case purely upon the evidence. Despite a personal unwillingness to take a position on Frank’s guilt or innocence, he firmly believed that the trial had been scrupulously fair and that the decision of the jury must be respected.

Mary Phagan never made it to the parade. Her bloody body was found at three o’clock the next morning in the factory basement, brutally used, beaten, and strangled to death. The sudden end of Mary Phagan’s brief life shocked Atlanta, then the entire South, and ultimately the entire nation.

Her death became the center of intense public outrage and interest, and Frank was charged with her murder. Jewish businessmen, publishers, and organizations from all over the country made Frank’s defense a cause célèbre, and the large sums donated enabled Frank to procure the most respected lawyers in the state and even to appeal his case to the highest court in the land. But to little avail – ultimately Leo Frank was found guilty of the unspeakable killing of little Mary, and his appeals were rejected by every court that heard them.
Frank was sentenced to hang, to much public satisfaction. But in 1915 John Slaton, the state’s outgoing governor, under tremendous pressure from both sides, made the decision during the last moments of his administration to commute Frank’s sentence to life in prison – despite the fact the he, Slaton, was a senior partner in the law firm that defended Frank.

Leo Frank, who headed Atlanta’s B’nai B’rith, was convicted of the murder. After a nationwide effort by the Jewish community, his death sentence was commuted. But he was hung by a lynching party consisting of prominent Georgians — who were never prosecuted, or even indicted, for killing him.

Outraged by what they saw as corruption and a miscarriage of justice, a group comprising some of the region’s leading citizens laid careful plans to abduct Frank from his prison cell and carry out the jury’s original sentence of hanging – and they did so, lynching him not far from Mary Phagan’s home.

It is this second horrific death by strangulation – Leo Frank’s – that occupies the public mind today. Frank, not Mary Phagan, is the locus of tragedy, of moral lessons, of outrage and mourning. Mary Phagan’s life, and the horrors she endured in her last moments, are almost forgotten except as a backdrop for Frank’s persecution and death at the hands of alleged anti-Semites. Her tragedy, and her family’s grief and outcry for justice, have been turned into little more than footnotes.

New York Times publisher Adolph Ochs, who, with the help of Jewish leaders nationwide, launched a massive campaign to exonerate Leo Frank which has had a strong and persistent effect on public perception of the case.

I said there were three strangling deaths. The third is the strangling to death of the truth. Much of the real history of this case, and the actual, primary evidence that was brought to light at the time, is almost unknown today – at least to that vast majority who consume the academic works, popular dramatizations, articles, and books that have addressed the subject of Leo Frank in recent decades. Instead of real history, investigated and recounted with a deep commitment to objectivity, we are given a simplistic, moralistic narrative of an obviously innocent Leo Frank victimized by bigoted anti-Semites who subjected him to a sham trial and an horrific lynching – with the added fillip that the undoubted killer was an African-American, Jim Conley, who was never prosecuted because anti-Semitic fervor demanded Frank’s blood. This narrative is such an imposture that not even the honorable supporters of Leo Frank in 1913, were they alive today, would recognize or endorse it. It is a farrago of emotional blackmail, half-truths, omissions, and outright hoaxes. I write so that the readers and students of today can at long last see that, whatever prejudices there may have been in 1913 Atlanta, those that prevail in the mediasphere of 2013 are far worse.

Solicitor General Hugh M. Dorsey, who successfully prosecuted Leo Frank for the murder of Mary Phagan, and fended off well-funded appeals of the conviction. Was he motivated by anti-Semitism?

This sham history will collapse, sooner or later, as new generations of investigators rediscover the evidence that has been brushed under the rug in recent years. Young historians, some of them not yet born, will make their reputations and earn their doctorates exposing the hoaxes that now seem to buttress (but will ultimately undermine) the false narrative. Will this rediscovery of the truth cause a backlash of real anti-Semitism against Southern Jews or Jews in general? I think not. Just because a few soi-disant leaders, cranks, and self-promoters palmed off their paranoiac vision of the Frank case on a generation is no reason for a real vendetta. I intend to show that a middle path that respects truth above ethnic and religious loyalty is needed, and Jewish voices should be prominent in leading the way if we are to avoid another swing of the knife-edged pendulum of hate.

The front page of the Atlanta Georgian days after Mary Phagan’s murder: Why were almost none of the original articles and documents relating to the Leo Frank case available online until very recently, while modern selections and interpretations of them – almost all of them written from a pro-Frank position – were freely available?

One of the most remarkable things I discovered when writing this book was that many of the original articles about this case – even major ones – and affidavits, sworn statements, and utterances of great import from the central participants in the case, were not available online, not searchable, not findable, not even readable. That is, until a courageous man named Mark Cohen, almost 100 years after the fact, scanned in and uploaded nearly all the relevant contemporary newspapers, magazines, and surviving trial materials to his Web site, leofrank.org. I deeply appreciate Mr. Cohen’s efforts in doing this service for us, for our posterity, and for history. (I do not, however, endorse all of Mr. Cohen’s theories of, or conclusions about, this case.) It was a monumental effort that must have taken years. Even then, though, the material was largely not searchable because most of the fragile, faded papers from which the uploaded PDF files had been made were not of good enough quality to allow them to be turned into text using OCR technology. So, to provide the most important evidence to you, the reader, in this book I found myself retyping – and, as I typed, reliving – the events of 100 years ago exactly as they were reported at the time.

Jim Conley, the factory sweeper who was the main witness against Frank. Conley admitted he wrote the mysterious “death notes” and helped move Mary Phagan’s body. Those who believe Frank was innocent believe that Conley was the real killer. What unusual relationship caused Frank to pay him remarkably high wages for a sweeper?

What was available to the researcher about the Frank case – and to the reader and student – was practically all derivative writing, mostly decades removed from the events, and with minuscule exceptions all slavishly devoted to the received narrative of Frank’s absolute innocence and pervasive Southern anti-Semitism.

For many, the evidence against Leo Frank could not pass the test of “beyond a reasonable doubt.” I am not sure that I could have authorized the opening of the trap door beneath him myself. But, to the jury which tried him, it did pass that test. The judge rightly charged the jury to throw aside all preconceptions and prejudices and judge the case on the evidence alone. We should do the same.  In this book I have, for the first time since 1913, provided the background that allows us to do so. I have presented, largely as the people of Atlanta would have seen it, the case against Leo Frank.

William Randolph Hearst, owner of the Atlanta Georgian and inventor of “yellow journalism.” His paper eventually adopted a pro-Frank stance, but even his paper’s reportage was consigned to the memory hole. Many of the Georgian’s articles are transcribed here for the first time since 1913.

If we cannot open our eyes to see what the people of that time and place saw, if we dare not examine the evidence for ourselves and throw aside the distorting lens of the media’s current depiction of the case, then we are indulging ourselves in feel-good (or, for many, feel-bad) fiction. If we do that in the Frank case – a case in which the received narrative is one of blood libel against an entire people and culture – we have abandoned responsibility for our children’s future and any shred of honor we might once have possessed.

I have spent most of my life in the South, and learned much from its people. All of us, Jew and Gentile, black and white, deserve better. We should respect the truth above all. Lying to right a perceived wrong is compounding the wrong, prolonging and augmenting the hate we claim to oppose.

Scott Aaron
Atlanta, Georgia

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Source: 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.

Monteen Stover, a 14-year-old worker at the pencil factory, was well-disposed to Leo Frank. Nevertheless, her testimony that she found him missing from his office at the approximate time of Mary Phagan’s visit proved to be very damaging to him. Her testimony contradicted Frank’s statement that he never left his office from noon to 12:45.

She entered the grim and massive four-story Victorian building a few minutes after noon, and proceeded up the stairs to the second floor, where both Leo Frank’s office and – more than a hundred feet further back – her own department were located. By all accounts, she did not know that Jim Conley, the company’s African-American sweeper, was sitting in the shadows on the first floor behind the staircase, near the elevator and the “scuttle hole” ladder that led to the basement. Strangely, even though it was his day off,  and even though the factory superintendent was around, Conley was there, partly hidden by darkness but not stealthily concealed, doing no work – drawing no pay – and apparently doing nothing but watching.

One of Mary Phagan’s autopsy photographs: The mark of the cord which was used to strangle her is clearly visible on her neck, as are the marks of the beating and dragging to which she was subjected.

As Conley watched, a few moments later, at 12:05, one of the factory’s other working girls, 14-year-old Monteen Stover, arrived to collect her pay. She also walked up those same steps, also failed to notice Jim Conley, and also entered Leo Frank’s office. Mary had not left. But Monteen found no one there. Frank’s office was in two sections, an outer office and an inner office. Looking for him, Monteen saw that the outer office was empty, so she went into the inner office, and saw that it was empty too.

Newt Lee, the pencil factory’s night watchman, was the first to discover the Mary Phagan’s body, at around 3 AM on April 27. He failed to reach Leo Frank by telephone, then called the police. He was arrested, but no amount of intense police questioning could shake his simple story and he was eventually exonerated. Lee said that Frank sent him away for two hours when he first arrived for work on Saturday afternoon.

She looked down the hall toward the rows of factory machinery. There was nothing but motionless silence. So she decided to wait. She waited a full five minutes, according to the office clock. She saw and heard no one. Shortly after 12:10 she left by the same route she came, again encountering not a single person. (The exact timing of Mary Phagan’s visit was disputed later, with some Frank partisans insisting that Monteen arrived before Mary. Frank himself stated on April 28 of Mary that “She came in between 12:05 and 12:10, maybe 12:07, to get her pay envelope, her salary.” Clocks and watches in 1913 could easily be off by several minutes. Nevertheless, it appears clear that Monteen Stover failed to find Frank, or anyone, in his office at around the time that Mary was there. Frank told detectives that he never left his office from noon to 12:45.)

Former pencil company employee J.M. Gantt: Why did Leo Frank jump back when Gantt showed up at the factory on the evening of April 26? And why did Frank tell detectives that Gantt was intimate with Mary Phagan – precipitating Gantt’s arrest – while at the same time Frank claimed to not even know Mary Phagan’s name?

After one o’clock, Leo Frank left to go home for lunch. His wife and mother-in-law were waiting in their best finery, ready to go to Atlanta’s opulent opera house, where New York’s Metropolitan Opera was on tour, presenting a matinee performance of Lucia di Lammermoor. After eating, Frank returned to the factory while not far away the somber, intoxicating strains of Donizetti’s prelude wafted over the wealthy Atlantans in their temple of culture, and while the common folk readied themselves to salute the aging heroes in grey who were marching together, perhaps for the last time in their lives.

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.

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Leo Max Frank: Why did the manifestly innocent Newt Lee find him so unnaturally agitated and nervous on the afternoon of April 26, long before the discovery of Mary Phagan’s body?

ON FRIDAY, the day before the murder, Leo Frank had told the factory’s African-American night watchman, Newt Lee, to come to work Saturday afternoon at four, as Frank wanted to leave around four so he could attend a baseball game with his brother-in-law Mr. Ursenbach. But upon arriving at four, Lee said that Frank appeared extremely nervous and insisted that Lee leave the factory and “have a good time” somewhere else and return at six. When Lee suggested he might instead just sleep for a couple of hours on the premises, Frank rejected the suggestion, repeating that Lee should depart for two hours.

The massive bulk of the old Venable Building, which housed the National Pencil Company, dominated its Forsyth Street environs in 1913 Atlanta.

Lucille Frank, Leo Frank’s wife: Did she long delay visiting her husband after his arrest because of his admission to “killing a girl” on the night of the murder, as the household cook swore? The cook later repudiated her statement.

Frank again seemed very nervous when Lee returned at six, and even visibly jumped back when he noticed that a former employee named Gantt had arrived about the same time as Lee. Frank was to claim that this was because Gantt was a large man and had in fact been fired by Frank not long before. Frank would also later state, however, that he believed that Gantt was close to Mary Phagan and so his visit might have been interpreted as being to inquire about her whereabouts.

Newt Lee made his rounds as usual that night, but he didn’t go all the way into the basement until around three in the morning. There he discovered the lifeless body of Mary Phagan. He tried and failed to reach Leo Frank by telephone. He then called the police.

Lee described the events of that afternoon and night to detectives, beginning with his first arrival at the factory:

The front door was not locked. I pushed it open, went on in and got to the double door there… The front door had always been unlocked on previous Saturday afternoons. After you go inside and come up about middle ways of the steps, there are some double doors there. It was locked on Saturday when I got there. Have never found it that way before. I took my key and unlocked it. When I went upstairs I had a sack of bananas and I stood to the left of that desk like I do every Saturday. I says like I always do “Alright Mr. Frank” and he come bustling out of his office. He had never done that before. He always called me when he wanted to tell me anything and said, “Step here a minute, Newt.” This time he came up rubbing his hands and says, “Newt, I am sorry that I had you come so soon, you could have been at home sleeping, I tell you what you do, you go out in town and have a good time.” He had never let me off before that. I could have laid down in the shipping room and gone to sleep, and I told him that. He says, “You needs to have a good time. You go downtown, stay an hour and a half, and come back your usual time at six o’clock.” I then went out the door and stayed [out] until about four minutes to six. When I came back the doors were unlocked just as I left them and I went and says, “Alright, Mr. Frank,” and he says, “What time is it?” and I says, “It lacks two minutes of six.” He says, “Don’t punch yet [a reference to the company’s time clock – Ed.], there is a few worked today and I want to change the slip.” It took him twice as long this time than it did the other times I saw him fix it. He fumbled putting it in, while I held the lever for him and I think he made some remark about he was not used to putting it in. When Mr. Frank put the tape in I punched and I went downstairs.

While I was down there Mr. Gantt came from across the street from the beer saloon and says, “Newt, I got a pair of old shoes that I want to get upstairs to have fixed.” I says, “I ain’t allowed to let anybody in here after six o’clock.” About that time Mr. Frank come bustling out of the door and run into Gantt unexpected and he jumped back frightened. Gantt says, “I got a pair of old shoes upstairs, have you any objection to my getting them?” Frank says, “I don’t think they are up there; I think I saw the boy sweep some up in the trash the other day.” Mr. Gantt asked him what sort they were and Mr. Frank says “tans.” Gantt says, “Well, I had a pair of black ones too.” Frank says, “Well, I don’t know,” and he dropped his head down just so. Then he raised his head and says, “Newt, go with him and stay with him and help him find them,” and I went up there with Mr. Gantt and found them in the shipping room, two pair, the tans and the black ones.

Not long after, Frank did something that, according to Lee, he had never done before:

Mr. Frank phoned me that night about an hour after he left, it was sometime after seven o’clock. He says, “How is everything?” and I says, “Everything is all right so far as I know,” and he says “Goodbye.”

…There is a light in the basement down there at the foot of the ladder. He told me to keep that burning all the time. It has two little chains to it to turn on and turn off the gas. When I got there on making my rounds at seven o’clock on the 26th of April, it was burning just as low as you could turn it, like a lightning bug. I left it Saturday morning burning bright. I made my rounds regularly every half hour Saturday night. I punched on the hour and punched on the half and I made all my punches. The elevator doors on the street floor and office floor were closed when I got there on Saturday. They were fastened down just like we fasten them down every other night. When three o’clock came I went down the basement and when I went down and got ready to come back I discovered the body there. I went down to the toilet and when I got through I looked at the dust bin back to the door to see how the door was and it being dark I picked up my lantern and went there and I saw something laying there which I thought some of the boys had put there to scare me, then I got out of there. I got up the ladder and called up the police station. It was after three o’clock… I tried to get Mr. Frank on the telephone and was still trying …I guess I was trying about eight minutes.

Defense Exhibit 61 is a scale diagram of the basement (bottom), first floor (middle), and second floor (top) of the National Pencil Company factory and offices at 37-39 S. Forsyth Street in Atlanta. The street entrance side is on the left. Click for a large high resolution version.

Eventually Newt Lee gave up on Frank and called the police. When the officers arrived and were directed down the ladder to the basement by Lee, they discovered the mysterious handwritten “death notes” in the sawdust near the body. These notes purported to be written by Mary Phagan herself, but were later proven not to be so. They seemed the work of someone barely literate, and the language used was similar to Southern African-American dialect. They read:

Mam that negro hire down here did this i went to make water and he push me doun that hole a long tall negro black that hoo it was long sleam tall negro i wright while play with me.

he said he wood love me and land doun play like night witch did it but that long tall black negro did buy his slef.

The mysterious “death notes” which were found near Mary Phagan’s dead body in the basement of the National Pencil Company: Some writers have interpreted the phrase “night witch” as a reference to a bogey man of African-American folklore, but the black man who found the body, company night watchman Newt Lee, immediately saw the reference as a means to implicate him, understanding the words to mean “night watch.” When factory sweeper and suspect Jim Conley was later asked to write the words “night watchman,” he unhesitatingly wrote “night witch.” After intense grilling, Conley eventually admitted that he had written the notes – but did so at the direction of company superintendent Leo M. Frank.

When the notes were read out loud in the presence of Lee, he exclaimed “that’s me, boss” (or words to that effect; the exact phrase was disputed) when the words “night witch” were reached, Lee obviously assuming that “night watch” – as in “night watchman,” as we would say – was what was really meant. Added to the facts that Lee was a “long slim tall negro” and dark complected (“negro black”), the notes said such a person did the deed “by his self.” It did appear that the writer of the notes was trying to implicate Lee.

Detectives also found a bloody handkerchief ten feet away, one shoe, and some sheets of paper and pencils. Oddly, Mary’s hat and parasol had apparently been tossed in the bottom of the elevator shaft. Along with a quantity of miscellaneous trash, some human excrement was also found in the shaft, which was crushed and caused a stench when the detectives rode the car down later in the day. There were marks indicating Mary’s body had been dragged across the basement floor, and her bloody, bruised face was smeared with dirt and cinders. The dragging marks began at the elevator shaft.

Lee was an obvious suspect and was immediately arrested.

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Source: LeoFrank.info