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The Troubling Case of Leo M. Frank

There is nothing simple about Marietta's most infamous story. Read the first in a three-part series on the case.

Since I have been writing the “Marietta History Files,” I have intentionally steered clear of one particular topic: the lynching of Leo M. Frank.

My avoidance has not stemmed from a lack of interest. On the contrary: No other story in Marietta history captures my interest more than this one. Instead, I have avoided it because, while it is still very pertinent to us today, the real case is far more complicated than the one held in the popular imagination.

It is also a sensitive subject: To a certain extent, it deals with anti-Semitism. It led directly to the formation of both the Anti-Defamation League and the “second incarnation” of the Ku Klux Klan (not to equate the two, by any means). The story also implicates the recent ancestors of people living in and around Marietta today, some of whom have been publicly named in recent years.

If this were not enough reason to tread softly, there is also the great number of armchair Leo Frank historians who eagerly read anything written on the subject, ready to point out inaccuracies or omissions and to challenge any writer’s interpretation of the facts. And while most professional historians agree that Frank’s conviction in the murder of was a miscarriage of justice, the matter of his guilt or innocence has still not been settled to the satisfaction of all interested—a fact that gives any potential detractors plenty of ammunition.

And so, having stated all of this, and reminded my readers that any brief treatment of this subject must involve certain omissions and simplifications, I would like to present, in three parts, the troubling case of Mr. Leo M. Frank.

For those new to the subject, Leo Frank was convicted in 1913 of killing Mary Phagan, a 13-year-old worker at the National Pencil Company in Atlanta, where Frank was superintendant. Mary, whose family was from Marietta, was last seen on April 26, 1913—a Saturday and Confederate Memorial Day. She stopped off at work on her way to the parade in order to collect her wages from Frank. He was the last person to admit to have seen her alive.

In the predawn hours of the next morning, Newt Lee, the plant’s night watchman, discovered Mary’s body in the factory basement. She was completely covered in soot, which blanketed the basement floor, to such an extent that the police who responded had difficulty determining her race. Her dress had been pulled up around her knees. There was some signs that she had been raped, and she had been strangled with a length of twine.

Near the victim’s head, in a pile of rubbish, officers found two notes, presumably written by the victim herself (although everyone soon realized that this was absurd). Among other things, the notes stated that the “night witch” had done this to her. Interpreting “night witch” to mean “night watchman." Newt Lee exclaimed, “Boss! That’s me!” He was taken into custody on suspicion, although he was later released.

As Frank was the superintendant, investigators naturally wanted to speak to him right away. They tried phoning his house at 4 a.m. but received no answer, a fact they would later decide was suspicious. After sunrise, they called on the Frank residence in person, asking Frank to come with them to the factory. Frank seemed nervous; as detective John Black would later say “his voice was hoarse and trembling and nervous and excited. He looked to me like he was pale…He seemed to be nervous in handling his collar. He could not get his tie tied, and he talked very rapid.” When asked if he knew who Mary Phagan was, he said that he did not.

News of the murder hit the streets quickly, as did public outrage. Newspapers such as the Georgian and the Constitution followed the investigation closely, often engaging in “yellow journalism,” and kept the public enthralled.

By May 1, Atlanta police had two principal suspects: Leo Frank and Jim Conley. The latter, an African-American who had done odd jobs around the factory, was arrested after he had been seen trying to wash a red stain out of a blue work shirt. Police never recovered the shirt, and Conley claimed that the stain had been rust. Under police interrogation, Conley changed his story several times. Although he claimed at first to be illiterate, it was soon determined that, not only could he write, but that his idiosyncratic spelling matched that of the murder notes. At this point, Conley confessed to having written them, but with a twist: He claimed that he had done so on the orders of Leo Frank. According to Conley, Frank had killed Mary Phagan on the third floor of the pencil factory when she resisted his sexual advances. He had then enlisted Conley’s aid in moving the body to the basement. Conley said that Frank had left him with orders to burn the body in the furnace, which he obviously failed to do.

This, along with Frank’s nervous behavior and certain small inconsistencies in his statements, led to formal charges being filed. On May 24, a grand jury returned an indictment against Leo Frank for murder. Jim Conley was charged as an accessory. The trial began on July 28.

This is the point at which the facts of the case and popular imagination about the case, or what I like to call “Leo Frank mythology,” begin to diverge.

If my readers will indulge me, I will explain further in next weeks' column.

Davis McCollum August 29, 2011 at 04:55 PM
OM Grand Parents and Great Grand Parents to this day refuse to even discuss this case for good reason. Prominent ancestral family members (mine included) probably hung an innocent man... and Jim Conley lived a full life until 1962.
Joe Bozeman August 29, 2011 at 05:08 PM
Hi Todd, I understand why you have avoided this subject, but since the "can of worms" is opened, you might as well proceed. Being a lifelong Cobb resident, I have heard this case hashed out numerous times. When I was a kid, I delivered groceries to an old man who claimed he was in the lynch mob. Many people were interested in his stories, but they always made me sick to my stomach. I also knew a man who claimed to have seen the lynch mob on their way to Frey's Gin and loved to show off and old picture of Frank hanging from the tree with his throat cut. This made me sick also. Opinions on this subject never seem to change and it happened almost 100 years ago, so go ahead and present the facts the best you can. Good luck. But, get ready for a barrage of comments from people who have no idea about what they are talking about who just want to dredge up stuff that has been dredged up many time before. Joe Bozeman
Davis McCollum August 29, 2011 at 05:43 PM
Joe Bozeman...? Same Joe attributed to "Kennesaw, Big Shanty" book..?
Joe Bozeman August 29, 2011 at 06:15 PM
Davis, Yes, I am the same Joe Bozeman.
Davis McCollum August 29, 2011 at 08:40 PM
Just a quick note Joe... I am a 6th generation Cobb Countian/Big Shanty/Noonday/Ackworth... (McCollum, Stanley, Roberts,Wades and Greens...etc.). I value my collection of information, books and pictures over the years... just wanted to let you know, I appreciate your efforts with the aforementioned book and continued efforts with the Historical Group. I have it on my shelf right along side Gober Temple's "First 100 Years" and W. H. Manning's "Our Kin". Have a good day Sir.
Stacey Brown August 30, 2011 at 04:54 PM
I am so glad you are covering this story. I teach Georgia Studies in Marietta and this case is part of one of our state standards. Yet, I grew up in Marietta and was never taught about the case in school. It it truly fascinating and the students are very interested in it. Yet it amazes me how hush hush many OM's are about it even today. Thank you for your efforts! I look forward to reading more and seeing comments from educated citizens. =)
Todd Hudson September 04, 2011 at 01:55 PM
Rereading my own article, there is one point already that may seem inaccurate. I wrote that the murder notes said that "the night witch" had done this. In reality, a careful reading of the notes show that they mean to indicate another man, a "long tall negro," and not the night watchman. But the idiosyncratic wording makes the meaning of the notes difficult to decipher, and different theories of what the notes' author was trying to say continued to be bandied about even during the trial. But for my purposes, suffice to say that, for the responding policeman, the notes appeared to implicate the "night witch," hence the arrest of Newt Lee on suspicion.
Joe Bozeman September 05, 2011 at 06:07 PM
Davis, I am honored you liked the book. Joe Bozeman
Mark Cohen September 09, 2011 at 09:33 AM
Quote, "the matter of his [Leo Frank's] guilt or innocence has still not been settled to the satisfaction of all interested" Not according to the more than 2,500 pages of surviving official legal documents and decisions added together from every level of the United States appellate courts, that unanimously did not disturb the verdict of the trial judge and jury. Even the outgoing Governor John M. Slaton preserved the verdict of the jury and stated so in his 29-page commutation order for Leo M. Frank delivered on June 21, 1915. In 1986, the Georgia Board of Pardons and Paroles made it very clear that when they pardoned Leo M. Frank, it was without exonerating him of the crime, they too preserved the verdict of the jury. From 1913 to 1986 every level of the United States legal system preserved the verdict of the 1913 trial judge and jury, and did not disturb the verdict. The presiding judge at the Leo M. Frank trial (July 28, to August 26, 1913), was the Honorable Leonard S. Roan, a judge who was so certain of Leo M Frank's guilt he ultimately sentenced him to hang on his 30th birthday, April 17, 1914. On April 23, 1957, when the wife of Leo M. Frank, Mrs. Lucille Selig Frank passed away, her 1954 notarized last will and testament that had been registered with the local government of Atlanta, specified that she was to be cremated. It was a trifle odd coming from the woman who stood by her husband so faithfully during the whole ordeal from 1913 to 1915
Mark Cohen October 06, 2011 at 06:40 AM
James "Jim" Conley was the best person to ask the meaning of the "murder notes". Weeks after Jim Conley had been arrested, and subjected to numerous long winded sessions of the third degree (goodcop/badcop), he finally admitted to writing the "murder notes", but he claimed it was at the behest of Leo Frank, in an effort to try and pin the crime on Newt Lee the night watchman. Newt Lee was not due to arrive at the factory until 4:00 PM that day on April 26, 1913. Lee was normally supposed to come to the factory at 5:00 PM on Saturdays, but on Friday, April 25, 1913, Leo M. Frank asked Newt Lee to come one hour early, so that Frank and his brother-in-law Mr. Ursenbach could go and watch the baseball game. However, Leo Frank cancelled the ball game appointment, and when Newt Lee arrived at the factory at 4:00PM, Leo Frank told Newt Lee to leave the factory for 2 hours, and "have a good time", this against Lee's request to take a nap in the packing room. Why was Leo Frank trying so hard to get Newt Lee out of the building, when he could have let him take a nap? What made the "murder notes" appear contrived, suspicious and unbelievable for the police so early on, was the notes were trying too hard to pin the crime on Newt Lee, the night watch ("night witch"). The nightwatch Newt Lee was a tall, dark complected and slim African-American man. Another unanswered question, why was Leo Frank managing Jim Conley's numerous watch contracts with local pawn shops?
Davis McCollum November 12, 2012 at 06:36 PM
Mark Cohen... would you happen to descend from Levy Cohen... Jonas Cohen...?

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