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On August 26, the day after the guilty verdict was reached by the jury, Judge Roan brought counsel into private chambers and sentenced Leo Frank to death by hanging with the date set to October The defense team issued a public protest, alleging that public opinion unconsciously influenced the jury to the prejudice of Frank.
Under Georgia law at the time, appeals of death penalty cases had to be based on errors of law, not a re-evaluation of the evidence presented at trial.
The defense presented a written appeal alleging procedural problems. These included claims of jury prejudice, intimidation of the jury by the crowds outside the courthouse, the admission of Conley's testimony concerning Frank's alleged sexual perversions and activities, and the return of a verdict based on an improper weighing of the evidence.
Both sides called forth witnesses involving the charges of prejudice and intimidation; while the defense relied on non-involved witness testimony, the prosecution found support from the testimony of the jurors themselves.
With all the thought I have put on this case, I am not thoroughly convinced that Frank is guilty or innocent. But I do not have to be convinced.
The jury was convinced. There is no room to doubt that. The next step, a hearing before the Georgia Supreme Court , was held on December In addition to presenting the existing written record, each side was granted two hours for oral arguments.
In addition to the old arguments, the defense focused on the reservations expressed by Judge Roan at the reconsideration hearing, citing six cases where new trials had been granted after the trial judge expressed misgivings about the jury verdict.
The prosecution countered with arguments that the evidence convicting Frank was substantial and that listing Judge Roan's doubts in the defense's bill of exceptions was not the proper vehicle for "carry[ing] the views of the judge.
The majority dismissed the allegations of bias by the jurors, saying the power of determining this rested strictly with the trial judge except when an "abuse of discretion" was proved.
It also ruled that spectator influence could only be the basis of a new trial if ruled so by the trial judge. Conley's testimony on Frank's alleged sexual conduct was found to be admissible because, even though it suggested Frank had committed other crimes for which he was not charged, it made Conley's statements more credible and helped to explain Frank's motivation for committing the crime according to the majority.
On Judge Roan's stated reservations, the court ruled that these did not trump his legal decision to deny a motion for a new trial.
The last hearing exhausted Frank's ordinary state appeal rights. On March 7, , Frank's execution was set for April 17 of that year. This appeal, which would be held before a single justice, Ben Hill, was restricted to raising facts not available at the original trial.
The application for appeal resulted in a stay of execution and the hearing opened on April 23, A state biologist said in a newspaper interview that his microscopic examination of the hair on the lathe shortly after the murder did not match Phagan's.
At the same time that the various repudiations were leaked to the newspapers, the state was busy seeking repudiations of the new affidavits.
An analysis of the murder notes, which had only been addressed in any detail in the closing arguments, suggested Conley composed them in the basement rather than writing what Frank told him to write in his office.
Prison letters written by Conley to Annie Maude Carter were discovered; the defense then argued that these, along with Carter's testimony, implicated Conley was the actual murderer.
The defense also raised a federal constitutional issue on whether Frank's absence from the court when the verdict was announced "constituted deprivation of the due process of law".
Different attorneys were brought in to argue this point since Rosser and Arnold had acquiesced in Frank's absence.
There was a debate between Rosser and Arnold on whether it should be raised at this time since its significance might be lost with all of the other evidence being presented.
Louis Marshall, President of the American Jewish Committee and constitutional lawyer, urged them to raise the point, and the decision was made that it should be made clear that if the extraordinary motion was rejected they intended to appeal through the federal court system and there would be an impression of injustice in the trial.
These issues were reexamined later when the governor considered commuting Frank's sentence. The full court also said that the due process issue should have been raised earlier, characterizing what it considered a belated effort as "trifling with the court".
The next step for the Frank team was to appeal the issue through the federal system. The original request for a writ of error on the absence of Frank from the jury's announcement of the verdict was first denied by Justice Joseph Rucker Lamar and then Justice Oliver Wendell Holmes Jr.
Both denied the request because they agreed with the Georgia court that the issue was raised too late. The full Supreme Court then heard arguments, but denied the motion without issuing a written decision.
However, Holmes said, "I very seriously doubt if the petitioner Justice Lamar heard the motion and agreed that the full Supreme Court should hear the appeal.
On April 19, , the Supreme Court denied the appeal by a 7—2 vote in the case Frank v. Part of the decision repeated the message of the last decision: that Frank failed "to raise the objection in due season when fully cognizant of the fact.
On April 22, , an application for a commutation of Frank's death sentence was submitted to a three-person Prison Commission in Georgia; it was rejected on June 9 by a vote of 2—1.
The dissenter indicated that he felt it was wrong to execute a man "on the testimony of an accomplice, when the circumstances of the crime tend to fix the guilt upon the accomplice.
Slaton had been elected in and his term would end four days after Frank's scheduled execution. In , before Phagan's murder, Slaton agreed to merge his law firm with that of Luther Rosser, who became Frank's lead attorney Slaton was not directly involved in the original trial.
After the commutation, popular Georgia politician Tom Watson attacked Slaton, often focusing on his partnership with Rosser as a conflict of interest.
Slaton opened hearings on June In addition to receiving presentations from both sides with new arguments and evidence, Slaton visited the crime scene and reviewed over 10, pages of documents.
This included various letters, including one written by Judge Roan shortly before he died asking Slaton to correct his mistake.
During the hearing, former Governor Joseph Brown warned Slaton, "In all frankness, if Your Excellency wishes to invoke lynch law in Georgia and destroy trial by jury, the way to do it is by retrying this case and reversing all the courts.
Vann Woodward , "While the hearings of the petition to commute were in progress Watson sent a friend to the governor with the promise that if Slaton allowed Frank to hang, Watson would be his 'friend', which would result in his 'becoming United States senator and the master of Georgia politics for twenty years to come.
Slaton produced a page report. In the first part, he criticized outsiders who were unfamiliar with the evidence, especially the press in the North.
He defended the trial court's decision, which he felt was sufficient for a guilty verdict. He summarized points of the state's case against Frank that "any reasonable person" would accept and said of Conley that "It is hard to conceive that any man's power of fabrication of minute details could reach that which Conley showed, unless it be the truth.
During the initial investigation, police had noted undisturbed human excrement in the elevator shaft, which Conley said he had left there before the murder.
Use of the elevator on the Monday after the murder crushed the excrement, which Slaton concluded was an indication that the elevator could not have been used as described by Conley, casting doubt on his testimony.
During the commutation hearing, Slaton asked Dorsey to address this issue. Dorsey said that the elevator did not always go all the way to the bottom and could be stopped anywhere.
Frank's attorney rebutted this by quoting Conley, who said that the elevator stops when it hits the bottom. Slaton interviewed others and conducted his own tests on his visit to the factory, concluding that every time the elevator made the trip to the basement it touched the bottom.
Slaton said, "If the elevator was not used by Conley and Frank in taking the body to the basement, then the explanation of Conley cannot be accepted.
The murder notes had been analyzed before at the extraordinary motion hearing. Handwriting expert Albert S. Osborn reviewed the previous evidence at the commutation hearing and commented, for the first time, that the notes were written in the third person rather than the first person.
He said that the first person would have been more logical since they were intended to be the final statements of a dying Phagan.
He argued this was the type of error that Conley would have made, rather than Frank, as Conley was a sweeper and not a Cornell -educated manager like Frank.
Conley's former attorney, William Smith, had become convinced that his client had committed the murder. Smith produced a page analysis of the notes for the defense.
He analyzed "speech and writing patterns" and "spelling, grammar, repetition of adjectives, [and] favorite verb forms".
He concluded, "In this article I show clearly that Conley did not tell the truth about those notes. Throughout these documents, he found similar use of the words "like", "play", "lay", "love", and "hisself".
He also found double adjectives such as "long tall negro", "tall, slim build heavy man", and "good long wide piece of cord in his hands".
Slaton was also convinced that the murder notes were written in the basement, not in Frank's office. Slaton accepted the defense's argument that the notes were written on dated order pads signed by a former employee that were only kept in the basement.
This evidence was never passed upon by the jury and developed since the trial. Slaton's narrative touched on other aspects of the evidence and testimony that suggested reasonable doubt.
For example, he accepted the defense's argument that charges by Conley of perversion were based on someone coaching him that Jews were circumcised.
He also said that Phagan's nostrils and mouth were filled with dirt and sawdust which could only have come from the basement.
Slaton also commented on Conley's story that Conley was watching out for the arrival of a lady for Frank on the day of the murder :.
His story necessarily bears the construction that Frank had an engagement with Mary Phagan which no evidence in the case would justify.
If Frank had engaged Conley to watch for him, it could only have been for Mary Phagan, since he made no improper suggestion to any other female on that day, and it was undisputed that many did come up prior to This view cannot be entertained, as an unjustifiable reflection on the young girl.
On Monday, June 21, , Slaton released the order to commute Frank's murder conviction to life imprisonment.
Slaton's legal rationale was that there was sufficient new evidence not available at the original trial to justify Frank's actions.
In the Frank case three matters have developed since the trial which did not come before the jury, to-wit: The Carter notes, the testimony of Becker, indicating the death notes were written in the basement, and the testimony of Dr.
Harris, that he was under the impression that the hair on the lathe was not that of Mary Phagan, and thus tending to show that the crime was not committed on the floor of Frank's office.
While defense made the subject an extraordinary for a new trial, it is well known that it is almost a practical impossibility to have a verdict set aside by this procedure.
The commutation was headline news. Atlanta Mayor Jimmy Woodward remarked that "The larger part of the population believes Frank guilty and that the commutation was a mistake.
All I ask is that the people of Georgia read my statement and consider calmly the reasons I have given for commuting Leo M.
Frank's sentence. Feeling as I do about this case, I would be a murderer if I allowed that man to hang. I would rather be ploughing in a field than to feel for the rest of my life that I had that man's blood on my hands.
He also told reporters that he was certain that Conley was the actual murderer. The public was outraged. A mob threatened to attack the governor at his home.
A detachment of the Georgia National Guard , along with county policemen and a group of Slaton's friends who were sworn in as deputies, dispersed the mob.
For Frank's protection, he was taken to the Milledgeville State Penitentiary in the middle of the night before the commutation was announced.
The attacker told the authorities he "wanted to keep the other inmates safe from mob violence, Frank's presence was a disgrace to the prison, and he was sure he would be pardoned if he killed Frank.
The sensationalism in the press that started before the trial continued throughout the trial, the appeals process, the commutation decision, and beyond.
The Constitution alone assumed Frank's guilt, while both the Georgian and the Journal would later comment about the public hysteria in Atlanta during the trial, each suggesting the need to reexamine the evidence against the defendant.
Bricker, the pastor of the church attended by Phagan's family, said that based on "the awful tension of public feeling, it was next to impossible for a jury of our fellow human beings to have granted him a fair, fearless and impartial trial.
On October 12, , the New York Sun became the first major northern paper to give a detailed account of the Frank trial. In discussing the charges of antisemitism in the trial, it described Atlanta as more liberal on the subject than any other southern cities.
It went on to say that antisemitism did arise during the trial as Atlantans reacted to statements attributed to Frank's Jewish supporters, who dismissed Phagan as "nothing but a factory girl".
The paper said, "The anti-Semitic feeling was the natural result of the belief that the Jews had banded to free Frank, innocent or guilty.
The supposed solidarity of the Jews for Frank, even if he was guilty, caused a Gentile solidarity against him. They did so following Judge Roan's reconsideration motion and motivated by the issues raised in the Sun.
They chose not to take a public stance as a committee, instead deciding to raise funds individually to influence public opinion in favor of Frank.
Albert Lasker , a wealthy advertising magnate, responded to these calls to help Frank. Lasker contributed personal funds and arranged a public relations effort in support of Frank.
In Atlanta, during the time of the extraordinary motion, Lasker coordinated Frank's meetings with the press and coined the slogan "The Truth Is on the March" to characterize the efforts of Frank's defense team.
Marshall weighed in, as did many leading magazine and newspaper editors, including Herbert Croly , editor of the New Republic ; C.
Stafford, editor of the Daily Oklahoman ; and D. Moore, editor of the New Orleans Times-Picayune. Tom Watson, editor of the Jeffersonian , had remained publicly silent during Frank's trial.
Among Watson's political enemies was Senator Hoke Smith , former owner of The Atlanta Journal , which was still considered to be Smith's political instrument.
When the Journal called for a reevaluation of the evidence against Frank, Watson, in the March 19, edition of his magazine, attacked Smith for trying "to bring the courts into disrepute, drag down the judges to the level of criminals, and destroy the confidence of the people in the orderly process of the law.
Vann Woodward writes that Watson "pulled all the stops: Southern chivalry, sectional animus, race prejudice, class consciousness, agrarian resentment, state pride.
When describing the public reaction to Frank, historians mention the class and ethnic tensions in play while acknowledging the complexity of the case and the difficulty in gauging the importance of his Jewishness, class, and northern background.
Historian John Higham writes that "economic resentment, frustrated progressivism, and race consciousness combined to produce a classic case of lynch law.
Hatred of organized wealth reaching into Georgia from outside became a hatred of Jewish wealth. These circumstances made a Jewish employer a more fitting scapegoat for disgruntled whites than the other leading suspect in the case, a black worker.
The June 21, commutation provoked Tom Watson into advocating Frank's lynching. Lynch law is a good sign; it shows that a sense of justice lives among the people.
They consisted of 28 men with various skills: an electrician was to cut the prison wires, car mechanics were to keep the cars running, and there was a locksmith, a telephone man, a medic, a hangman, and a lay preacher.
Dobbs, mayor of Marietta at the time; Moultrie McKinney Sessions, lawyer and banker; part of the Marietta delegation at Governor Slaton's clemency hearing;  [n 30] several current and former Cobb County sheriffs; and other individuals of various professions.
On the afternoon of August 16, the eight cars of the lynch mob left Marietta separately for Milledgeville.
Lookouts in the towns telephoned ahead to the next town as soon as they saw the line of cars pass by. The Atlanta Journal wrote that a crowd of men, women, and children arrived on foot, in cars, and on horses, and that souvenir hunters cut away parts of his shirt sleeves.
Judge Newt Morris tried to restore order, and asked for a vote on whether the body should be returned to the parents intact; only Howell disagreed.
When the body was cut down, Howell started stamping on Frank's face and chest; Morris quickly placed the body in a basket, and he and his driver John Stephens Wood drove it out of Marietta.
In Atlanta, thousands besieged the undertaker's parlor, demanding to see the body; after they began throwing bricks, they were allowed to file past the corpse.
Several photographs were taken of the lynching, which were published and sold as postcards in local stores for 25 cents each; also sold were pieces of the rope, Frank's nightshirt, and branches from the tree.
According to Elaine Marie Alphin, author of An Unspeakable Crime: The Prosecution and Persecution of Leo Frank , they were selling so fast that the police announced that sellers would require a city license.
Historian Amy Louise Wood writes that local newspapers did not publish the photographs because it would have been too controversial, given that the lynch mob can be clearly seen and that the lynching was being condemned around the country.
The Columbia State , which opposed the lynching, wrote: "The heroic Marietta lynchers are too modest to give their photographs to the newspapers.
The lynching of Frank and its publicity temporarily put a damper on lynchings. It drove them into a state of denial about their Judaism. They became even more assimilated, anti-Israel, Episcopalian.
Two weeks after the lynching, in the September 2, issue of The Jeffersonian , Watson wrote, "the voice of the people is the voice of God",  capitalizing on his sensational coverage of the controversial trial.
In , when Watson began reporting his anti-Frank message, The Jeffersonian's circulation had been 25,; by September 2, , its circulation was 87, The consensus of researchers on the subject is that Frank was wrongly convicted.
A reporter who visited Frank's window she never remarried , Lucille, stated that she started crying when he discussed the case with her.
Jeffrey Melnick wrote, "There is near unanimity around the idea that Frank was most certainly innocent of the crime of murdering Mary Phagan. Vann Woodward, like many other authors, [n 39] believed that Conley was the actual murderer and was "implicated by evidence overwhelmingly more incriminating than any produced against Frank.
Critics cite a number of problems with the conviction. Local newspaper coverage, even before Frank was officially charged, was deemed to be inaccurate and prejudicial.
Websites supporting the view that Frank was guilty of murdering Phagan emerged around the centennial of the Phagan murder in In , Alonzo Mann, who had been Frank's office boy at the time of Phagan's murder, told The Tennessean that he had seen Jim Conley alone shortly after noon carrying Phagan's body through the lobby toward the ladder descending into the basement.
The board also reviewed the files from Slaton's commutation decision. It concluded that, "After exhaustive review and many hours of deliberation, it is impossible to decide conclusively the guilt or innocence of Leo M.
For the board to grant a pardon, the innocence of the subject must be shown conclusively. Frank supporters submitted a second application for pardon, asking the state only to recognize its culpability over his death.
The board granted the pardon in Without attempting to address the question of guilt or innocence, and in recognition of the State's failure to protect the person of Leo M.
Frank and thereby preserve his opportunity for continued legal appeal of his conviction, and in recognition of the State's failure to bring his killers to justice, and as an effort to heal old wounds, the State Board of Pardons and Paroles, in compliance with its Constitutional and statutory authority, hereby grants to Leo M.
Frank a Pardon. In response to the pardon, an editorial by Fred Grimm in the Miami Herald said, "A salve for one of the South's most hateful, festering memories, was finally applied.
Slaton at the Atlanta History Center. During the trial, the Atlanta musician and millworker Fiddlin' John Carson wrote and performed a murder ballad entitled "Little Mary Phagan".
His daughter, Moonshine Kate , later recorded the song. The Frank case has been the subject of several media adaptations. Slaton's decision to commute Frank's sentence.
John Slaton and also featuring Kevin Spacey. Leo Frank. From Wikipedia, the free encyclopedia. American factory superintendent and lynching victim.
Leo married Diana Dillenberger on December 22, From Wikipedia, the free encyclopedia. The Right Reverend. Internet Blog. Christianity portal.
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Download as PDF Printable version. Det er sundt, siger hun og griner. Det der med at lade, som om man godt kan lide det.
Det drikker vi som vand, som han siger. De smiler til hinanden. Hvem er jeg, hvorfor er jeg her, hvad skal jeg, hvad er meningen med det hele.
Jeg havde faktisk en depression, uden jeg var klar over det. Men ikke Leo. De lavede en duet, og resten er historie.
Der er sgu en plads til os alle", husker Leo. Vi tjener penge, men vi har aldrig tid til at bruge dem, og penge siger mig heller intet. I dag ville vi sige ja.
For nu ved vi jo, at det ikke er farligt. Alle spillede bare forkert, trommeslageren og bassisten, og folk hylede af grin.
Du var Det var nogle flotte billeder til et blad, der hed 'Dagens mand'. De bliver enige om, at tourbussen er for kold, og at det er bedre, at jeg sover indenfor.
Det har hun jo egentlig ret i. Og en flue, der summer rundt over mit hoved. Klokken er