sos.georgia.gov
During the early morning hours of Sunday, April 27, 1913, the
body of thirteen year old Mary Phagan, an employee of the National Pencil
factory and a native of Marietta, was found in the basement of the National
Pencil factory. Although several men were arrested, including Newt Lee, the
night watchman who discovered the body, and Jim Conley, a sweeper employed at
the pencil factory, the accused was Leo Frank, the factory’s Jewish
superintendent from Brooklyn, New York. Frank was indicted for the murder of
Mary Phagan by a grand jury on May 24, 1913 and Jim Conley became the key
witness for the prosecution.
While the investigation drew on the local newspapers were
abound with stories related to the case in general, and Leo Frank in particular.
By the time the trial against Frank began on July 28, 1913, public opinion
against the accused was immense. In the courthouse, described as having a
“mob-like” atmosphere, Frank was found guilty of the murder of Mary Phagan by
the jury and sentenced to hang by the presiding judge.
Immediately following the trial, Frank’s defense team
requested a new trial. The presiding judge denied the appeal. Another motion for
a new trial was denied by the Georgia Supreme Court in February 1914. Beginning
in June 1914, Frank’s defense appealed to the Fulton County Superior Court to
set aside the guilty verdict. Fulton County Superior Court denied the appeal, as
did the Georgia Supreme Court (December 1914) and the United States Supreme
Court (April 1915).
As five courts upheld the original decision of the jury in
Leo Frank’s case, Frank then applied for clemency with the Georgia Prison
Commission to commute his sentence from death to life in prison. This
application was denied. Lastly, Frank applied to Governor John M. Slaton for
Executive Clemency.
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