The trial jury convicted Leo M. Frank on Monday, August 25, 1913. Judge Leonard Strickland Roan sentenced him to death by hanging on Tuesday, August 26. The Georgia Supreme Court affirmed the conviction, and the United States Supreme Court rejected Frank’s federal habeas effort in Frank v. Mangum, 237 U.S. 309 (1915). Governor John M. Slaton commuted the death sentence of his lawfirm's client, Leo Frank, to life imprisonment on June 21, 1915, but the commutation did not vacate the conviction. The 1986 pardon addressed the State’s failure to protect Frank while in custody; it did not declare him innocent.
Â
Witnesses Nine Through Twelve Before the Fulton County Grand Jury in the Leo Frank Case
Fulton County Grand Jury Hearing
As stated above in other segments, the Fulton County grand jury proceeding in the Mary Phagan murder case was closed to the public, so no verbatim transcript survives of what these witnesses said inside the grand jury room. What survives is the witness list tied to the indictment, contemporary newspaper coverage, and the sworn testimony those same people later gave in open court during the trial of Leo M. Frank in Fulton County Superior Court.
This installment covers witnesses nine through twelve in the State’s grand-jury sequence:
These four witnesses brought the case deeper into the factory itself. Holloway supplied the day-watchman’s knowledge of the front door, elevator, timekeeping, Saturday routines, and Jim Conley’s conduct. Darley supplied the senior manufacturing view of the building, labor, Frank’s Sunday morning condition, the second-floor stains, the lathe hair, and the financial sheet. Parry supplied the documentary link to Frank’s earlier coroner’s inquest statement. Gantt supplied a personal and damaging point: he testified that Frank had referred to Mary Phagan by name before the murder, contradicting Frank’s later claim that he did not know her personally.
Day Watchman, Timekeeper, and Factory Operations Witness.
E. F. Holloway was the day watchman and timekeeper at the National Pencil Company building at 37 to 41 South Forsyth Street. His first and middle names are not preserved in the public trial record I can verify, more research will need to be done to elucidate that information.
Holloway had worked at the factory for about two years. His duties put him near the daily workings of the building: the front door, elevator, freight, time register, employees entering and leaving, and the general flow of factory life. He looked after the elevator and freight coming in and out, and he watched the people moving through the building. That made him important because he knew the factory as a working plant, not as a detective arriving after the fact.
Holloway was the ninth witness in this grand-jury sequence of May 1913 and later became the 17th State witness at trial of Leo Frank in July-August 1913.
On Saturday, April 26, 1913, Holloway testified that he was at the factory from about 6:30 a.m. that morning until 11:45 a.m. He said Arthur White and Harry Denham were working on the fourth floor. Holloway unlocked the elevator motor so he could use the elevator to saw a plank for them. He had locked the elevator on Friday night, April 25, 1913, but after using it Saturday morning, he forgot to relock it before leaving. That detail mattered because it meant the elevator could later be operated by anyone in the building who knew how to use it, if it hadn't been locked thereafter by Frank or someone else with that authority.
Holloway also placed Leo Frank in the factory that morning. He said Frank came in around 8:30 or 8:45 a.m. and went to work in his office. N. V. Darley came in after Frank. Holloway placed Frank and Darley leaving for Montag Brothers around 9:30 a.m., though he later admitted that some of his timing was guesswork. Frank returned around 11 o’clock, carrying the folder in which he kept papers, and went back to his office.
Holloway gave the defense useful testimony about the openness of the building. He said the front doors were unlocked all morning and still unlocked when he left. He said anyone could have walked from the fourth floor to the second floor without obstruction. He also said there was no lock on the metal-room door, the elevator shaft doors could be raised, and the elevator area was dark and cluttered.
He also gave important testimony about ordinary factory conditions. Holloway described the metal-room floor as dirty, greasy, stained, and badly kept. He said white material and anilines were scattered across the floor, and that spots appeared there often. He had seen blood spots around the women’s dressing room and toilet area before and knew what they meant. That testimony gave the defense a way to argue that some second-floor marks might have ordinary factory explanations rather than being proof of the murder scene.
Holloway’s testimony also touched Jim Conley. He said Conley was familiar with the entire building. On Monday, April 28, 1913, after the murder, Holloway saw Conley downstairs in the shipping room watching detectives, officers, and reporters when he should have been upstairs sweeping. He also caught Conley washing a shirt and thought Conley did not want him looking at it. This episode helped place Holloway in the chain of events that drew police attention toward Conley.
His testimony cut both ways. The State could use Holloway to show that the elevator was unlocked, that Conley knew the building and could describe the coverup, and that Conley behaved suspiciously after the murder, given that he was an accessory after the fact. The defense could use Holloway to show that the building was open, dirty, accessible, and full of ordinary stains, cords, dust, and factory debris.
Holloway was therefore a factory-routine witness. He did not identify the killer. He explained the working conditions of the building, the elevator’s status, the door access, the Saturday pay routine, the condition of the floors, and the conduct of employees inside the plant. He could describe the layout of the second floor, first floor lobby and basement.
Manufacturing Manager and Senior Factory Authority
N. V. Darley was manager of the Georgia Cedar Company, a branch of the National Pencil Company. At the Forsyth Street plant, he had charge of manufacturing and labor. He testified that Sigmund Montag was his superior and that he and Leo Frank were of equal dignity (rank) in the factory. In practical terms, Darley was one of the senior men who understood the work force, the physical plant, the manufacturing process, and the ordinary movement of employees.
Darley was the tenth witness in this grand-jury sequence and later became the 18th State witness at trial.
Darley testified that he was at the factory on Saturday morning, April 26, 1913, and saw Frank there. He left with Frank around 9:40 a.m. in the morning. On cross-examination, he narrowed the point: he and Frank went together to the corner of Hunter and Forsyth streets, took a soda at Cruickshank’s, and then Frank left him and went on alone toward Montag Brothers. That detail matters because it prevents the Montag errand from being overstated. Frank and Darley left the factory together, but Darley did not accompany Frank all the way through the errand. Conley's trial testimony would tell a different story.
Darley was also at the factory on Sunday morning, April 27, 1913, after the body was found. At first, he noticed nothing unusual about Frank. But as the group started toward the basement, Darley saw Frank’s hands trembling. He described Frank as nervous, pale, and shaking. Frank explained his nervousness by saying he had not had breakfast, had not had coffee, and had been rushed to Bloomfield’s undertaking establishment on South Pryor Street, where he suddenly saw the dead girl.
Darley’s testimony on Frank’s nervousness was balanced. He acknowledged that Frank was more nervous than others, but he also said many people at the factory were upset. He further testified that Frank could become nervous under ordinary factory strain and gave examples of Frank trembling or becoming rattled on other occasions. The defense used this to argue that nervousness was part of Frank’s temperament, not necessarily consciousness of guilt. Newt Lee who would have had more reason to be nervous given the implications, did not show any of these same emotional signs as Frank.
Blood Spot Cover-up in the Metal Room
Darley also gave important second-floor testimony. On Monday morning, his attention was called to spots near the women’s dressing room that looked like blood, with a white substance spread over them. Lemmie Quinn had first been alerted by Robert P. Barrett and then brought Darley to see the area. Darley said the white substance nearly covered the spots and looked as though someone had tried to smear over them. Even allowing for the factory’s dirty condition, his description pointed to something more deliberate than ordinary grime: an apparent attempt to conceal or obscure the marks.
Hair on the Lathe Handle in the Metal Room
Darley’s testimony on the lathe hair is especially important because it keeps the record precise. He said Robert P. Barrett showed him hair wound around the lever of a lathe about 20 or 30 feet from Mary Phagan’s machine. Darley did not dispute that hair was found on the lathe handle. What he clarified was the condition of the hair as he saw it: he did not see blood on it. The evidence was serious enough without exaggeration. The trial record supports two distinct points: hair was found on the lathe, and suspicious blood spots were seen near the women’s dressing room.
Darley also testified about Frank’s financial sheet. He said the financial sheet found on Frank’s desk was in Frank’s handwriting and involved many calculations. It required data from different departments of the factory: packing, metal, shipping, slats, boxes, rubbers, tips, labels, wrappers, leads, and payroll items. Darley said preparing it required a clear head and usually took from about 2:30 or 3 o’clock until 5:30, sometimes later, which amounts to three hours or less. The defense used this to argue that Frank had been engaged in difficult financial work that afternoon and was too busy to have had time to commit a murder.
At the coroner’s inquest, the 90-minute figure did not come from Leo Frank as his own estimate of the entire financial-sheet work. It came through Hattie Hall, Frank’s stenographer. She was asked how long it would take to gather the data for the financial sheet, and she estimated that it would take her five or six hours, while Frank, being more experienced, might do it about half an hour faster. The questioning then shifted to a separate task: balancing the cash book. When asked how long that would take, Hall said “about an hour and a half.” Frank later disputed that 90-minute cash-book estimate in his trial statement, saying that checking the cash on hand and balancing the cash book did not take him an hour and a half, but about 25 minutes, between roughly 5:30 and five minutes to 6 o’clock.
The National Pencil Company
Darley described the building itself as a large, complicated, five-story factory with dark areas around the elevator, dirty and gummed floors, cords found throughout the building, accessible doors, and a metal room filled with vats, boxes, and stored material. He also criticized the State’s factory diagram as inaccurate in some interior details, especially around Frank’s office, the elevator, and sight lines.
Darley was therefore a major factory-context witness who cut both ways for the prosecution and defense. The State could use him for Frank’s Sunday nervousness. It could also use him for the white-smeared spots over blood on the floor and for his confirmation that Barrett had shown him hair on the lathe and numerous suspicious floor marks.
The defense could use Darley too. He testified about Frank’s ordinary nervous habits, the complexity of the financial sheet, the dirty factory conditions, and the presence of cords and stains throughout the building. He also helped the defense on the unlocked elevator and the limited sight lines inside the factory.
Darley’s statement about the lathe hair was especially important. He did not dispute that hair was tangled on the lathe handle. What he said was that he did not see blood on it. That distinction matters because it separates two pieces of evidence: suspicious blood spots near the women’s dressing room, and hair on the lathe handle.
Going Back to Robert P. Barrett
The claim that blood was found on the hair from Robert P. Barrett’s lathe traces to the coroner’s inquest reporting at the end of April and beginning of May 1913, not to the later trial testimony in the same form.
At the coroner’s inquest in Atlanta, Barrett, a machinist at the National Pencil Company, described what he found on Monday morning, April 28, 1913, when he returned to work in the second-floor metal department at 37 to 41 South Forsyth Street. His machine was a bench lathe located not far from the area where Mary Phagan had worked. He testified about two related discoveries: suspicious spots on the floor near the women’s dressing room, and hair tangled in the lathe.
The Atlanta Constitution’s May 1, 1913 inquest coverage used the strong subheading “Bloody Hairs Are Found.” In that account, Barrett was reported as saying that when he began work at the lathing machine, his hands became tangled with long hair, that he picked out a dozen strands or more, and that “they were bloody.” The same account said female employees identified the hair as Mary Phagan’s.
This distinction matters. The press did report “bloody hair” during the inquest period, especially in the Atlanta Constitution’s May 1 account. But by the time of the July and August 1913 trial of Leo M. Frank in Fulton County Superior Court, the sworn testimony preserved in the Brief of Evidence treated the blood evidence and the hair evidence as separate facts: blood spots near the women’s dressing room, and hair found on the lathe handle.
Court Stenographer and Documentary Witness
H. L. Parry was a professional court stenographer. He was not a factory employee, police officer, detective, medical expert, or eyewitness to the physical scene. His value was documentary.
Parry was the eleventh witness in this grand-jury sequence and later appeared at trial in the same narrow documentary capacity. In the Brief of Evidence, he appears as “H. L. Parry, sworn in behalf of the State.” His testimony was brief but important. He stated, “I reported the statement of Leo M. Frank before the coroner’s jury. I have been a stenographer for thirty years and considered an expert.” The contemporary press confirms the point: on August 2, 1913, the Atlanta Constitution reported that Stenographer Parry was called to identify the notes he had taken at the Coroner's inquest into the Mary Phagan murder, records held at police headquarters after Leo Frank’s arrest.
Parry's Signifance: Memory and Newspaper Reportage to Formal Stenographed Legal Evidence
That role mattered because Frank’s own words became one of the central problems in the case. The State compared Frank’s statements at different stages: his police statement, his coroner’s inquest statement, his statements to Pinkerton detective Harry Scott, and his later unsworn statement to the trial jury. A stenographer who could identify and authenticate one of those prior statements helped carry the case from memory and newspaper summary into formal legal evidence.
Parry should therefore be understood as a record witness. His testimony was not dramatic, but it was important. He authenticated stenographic material connected to Frank’s earlier statement before the coroner’s jury, allowing the prosecution to use Frank’s own prior words in the developing legal record. This is important because Leo Frank had much to say, recollect and disremember at the Coroner's inquest.
Former Shipping Clerk, Timekeeper, and Mary Phagan Acquaintance
James Milton Gantt, identified in the case record as J. M. Gantt, was a former employee of the National Pencil Company. He had worked there as a shipping clerk and timekeeper from June 1912 until early January 1913. Leo Frank later discharged him on April 7, 1913, over an alleged payroll shortage of about $2. Some critics of Frank viewed the discharge with suspicion, arguing that it may have been a pretext to remove one of the few people at the factory who knew Mary Phagan personally and spoke with her there. Gantt had known Mary when she was a little girl in Marietta, and he knew her again after she began working at the pencil factory. He was also close enough to the Phagan family that they trusted him to look out for her while she was working in the industrial facility.
Gantt was the twelfth witness in this grand-jury sequence and later became the 9th State witness at trial. One of his most important revelations was Leo Frank's little white lie about Mary Phagan that was devastating to the defendant's credibility.
Why Frank’s “Little White Lie” Mattered
Gantt’s most important testimony went straight to Leo Frank’s claimed ignorance of Mary Phagan. Gantt said that on a prior Saturday afternoon, Mary came into the office to have her time corrected. After Gantt helped her, Frank entered and said, “You seem to know Mary pretty well.” Gantt testified that he had not told Frank her name.
That sentence carried weight because Frank later tried to present Mary as a factory girl he did not personally know. On the surface, that denial could sound small. A superintendent with many employees might plausibly fail to know every worker by name. But Frank’s denial did not stand alone. Mary had worked at the National Pencil Company for roughly thirteen months. She had drawn close to fifty five pay envelopes. Frank handled payroll matters, worked at the pay window, and his office was where Mary came on April 26, 1913 to collect her $1.20. Grace Hicks also testified that Frank passed daily through the metal department where Mary’s machine stood. Mary's job was critical to the assembly or production line.
That made the denial more than forgetfulness. It became a credibility problem. If Frank knew Mary’s name, handled her pay, saw her work area, and had once commented to Gantt about knowing her, then his later claim that he did not know her looked like deliberate distancing. Harry Scott’s testimony made the problem worse. Scott said Frank spoke about Gantt’s familiarity and intimacy with Mary, giving the jury another reason to question how Frank could claim ignorance while also seeming to know details about her personal acquaintance.
The issue was not that knowing Mary Phagan’s name proved murder. It did not. The issue was that Frank’s account of the noon hour depended heavily on his own word. He said this girl came in, received her pay, and left. No one else saw that final exchange unfold in full. If the jury believed Frank shaded the truth on a small point, they could reasonably wonder what else he shaded about the few unwitnessed minutes that mattered most. Conley reported he heard their footsteps going toward the metal room.
That is why the “little white lie” was so damaging. It gave the State a concrete way to attack Frank’s credibility. Gantt’s single quoted sentence did not solve the case by itself, but it struck at the foundation of Frank’s defense: the jury had to trust his version of Mary Phagan’s last known visit to his office. Once they had reason to doubt him on whether he knew her, the rest of his noon-hour explanation became harder to accept.
Gantt also testified about the evening of Saturday, April 26, around 6 o’clock. He returned to the factory to retrieve shoes he had left there. Newt Lee was sitting out front and said he could not let him up. Gantt said Frank was upstairs because he had seen him in the window across the street. A few minutes later, Frank came down the stairs.
According to Gantt, when Frank saw him at the front door, Frank stepped back frightened as though he might return upstairs. When he saw that Gantt was looking at him, he came on out. Gantt said hello, and Frank “kind of jumped again.” Gantt then asked permission to get his shoes. Frank hesitated, asked what kind of shoes they were, and first suggested that a Negro employee might have swept them out. Gantt said he also had a pair of black shoes there. Frank then told Newt Lee to go with him and stay with him until he got them. Gantt went upstairs and found both pairs where he had left them.
Gantt described Frank’s condition that evening as pale, nervous, hesitant, and stuttering, as if Frank did not want him in the building. That testimony mattered because it added another witness to the theme of Frank’s demeanor in the hours after Mary Phagan disappeared and before her body was found.
The defense had a real cross-examination point. Gantt admitted he had testified at the coroner’s inquest but had not then mentioned the “You seem to know Mary pretty well” exchange. He said the matter had been recalled to his mind after he was arrested on Monday, April 28, at 11 o’clock and held until Thursday night around 6 o’clock. The defense used that omission to question why such an important statement had not appeared earlier.
Gantt was an important but complicated witness. He had been discharged by Frank, which gave the defense room to suggest resentment. He had also been arrested and held during the early investigation, another reason to hold resentment. But his firsthand account of Frank referring to Mary by name remained one of the strongest pieces of testimony against Frank’s later claim that he did not know her name, until after the murder.
How These Four Witnesses Fit the Indictment Theory
Holloway, Darley, Parry, and Gantt brought the grand jury inside the National Pencil Company and into the documentary record of Frank’s own statements.
Holloway supplied the day-watchman’s view of the building: the unlocked elevator, the open doors, the front-door routine, the dirty metal-room floor, the Saturday pay practice, and Conley’s suspicious conduct after the murder.
Darley supplied the senior manufacturing view: the factory chain of command, Frank’s Saturday morning movement with him toward Hunter and Forsyth, Frank’s Sunday nervousness, the second-floor stains, the lathe hair, the financial sheet, and the physical conditions of the building.
Parry supplied the legal record: the authenticated stenographic notes of Frank’s coroner’s inquest statement.
Gantt supplied the personal link: he testified that Frank had referred to Mary Phagan by name before the murder and described Frank’s pale, nervous, hesitant conduct when Gantt appeared at the factory on the evening of April 26.
Together, these witnesses strengthened the State’s case beyond the first discovery of the body. They showed how the building worked, who had access, how the elevator could be used, what the second-floor conditions looked like, how Frank’s words were preserved, and why Gantt’s presence in the investigation mattered.
The grand jury did not need to decide final guilt on May 24, 1913. It needed probable cause. These witnesses helped supply that next layer of proof.
Â
Final Grand Jury Witnesses in the Leo Frank Indictment Hearing
Witnesses Thirteen and Fourteen
Fulton County Grand Jury Hearing
The Fulton County grand jury hearing in the Mary Phagan murder case was sealed and closed to the public. That was normal grand-jury procedure. The purpose of the grand jury was not to decide final guilt, but to decide whether the State had enough evidence to issue an indictment and send the case into open court.
The witnesses were heard privately, without the defendant, defense counsel, cross-examination, or a public gallery. No verbatim transcript of the grand jury testimony survives. What remains is the indictment witness list, contemporary Atlanta newspaper reporting, and the sworn trial testimony those same witnesses later gave in Fulton County Superior Court during the Leo M. Frank trial. That question-and-answer testimony ran from July 28, 1913, until August 21, 1913, when the evidentiary phase closed and the case moved toward argument, charge, verdict, and sentencing.
The final two witnesses in this sequence require careful handling. William Gheesling appears in the press record as an undertaker or embalmer connected with P. J. Bloomfield’s undertaking establishment on South Pryor Street. One version of the trial brief prints his name as W. H. Greesling, while newspapers often use William Gheesling. Monteen Stover presents a different problem. She does not appear on the surviving indictment witness document in the same way as the others, but the Atlanta Journal reported on May 25, 1913 that she testified before the grand jury. For that reason, she should be described as a press-reported grand jury witness whose later July 1913 trial testimony is fully documented.
Together, Gheesling and Stover gave the State two different kinds of evidence. Gheesling spoke to the condition of Mary Phagan’s body after it was removed from the basement. Stover spoke to the critical noon-hour window before the body was found, placing herself in Leo Frank’s office between 12:05 pm and 12:10 pm and finding it empty. This testimony would trigger a very interesting retort by Leo Frank when he mounted the witness stand on Monday, August 18, 1913.
Undertaker, Embalmer, and Body-Condition Witness
William Gheesling was a funeral director and embalmer connected with the P. J. Bloomfield undertaking establishment on South Pryor Street in Atlanta, Georgia. His work placed him at an early and important point in the physical chain of custody. He helped remove Mary Phagan’s body from the basement of the National Pencil Company in the early morning of Sunday, April 27, 1913, and later handled the body before the deeper medical testimony was developed.
The Atlanta Journal’s May 25, 1913 account of the grand jury evidence reported that the undertaker testified Mary Phagan had been assaulted before death and had been dead for several hours before the body was found. Since the grand jury hearing was sealed, we cannot quote his grand jury testimony directly. His later trial testimony shows the kind of evidence he supplied.
At trial, Gheesling was the 28th State witness. He testified that he moved Mary Phagan’s body at about 10 minutes to 4 o’clock on the morning of April 27, 1913. The cord was still around her neck, with the knot indented beneath the surface of the flesh on the right side. He said the cord was not very tight when he moved the body, but it had left an impression about one-eighth of an inch deep on the neck. He also described the rag or strip of cloth around her hair and over her face.
Gheesling’s testimony was grim and practical. He said the tongue protruded, the body was rigid, and in his opinion Mary Phagan had been dead ten or fifteen hours, or possibly longer. That estimate was based largely on rigor mortis, which the defense correctly pressed as an uncertain measure of time. He also said the blood had settled in her face because she had been lying face downward, and he found dirt and dust under the fingernails. He described blood on the underclothing, but the torn-clothing detail should be handled carefully: the trial brief supports torn or damaged garments, while the Atlanta Constitution account specifically records a ripped hose supporter rather than clearly stating that the right leg of the under drawers was split up the seam. What was evident from other reports is that her under-drawers were still on her hips but that the fabric had been torn or cut open across the private parts.
His testimony on the injuries was also important. Gheesling described Mary Phagan’s right eye as very dark and swollen (likely from a left fist), and said the condition indicated that the blow had been struck before death, since a post-mortem injury would not have produced the same swelling. He also described a wound on the back of the head, measuring about two and one-quarter inches long. In his view, that wound had been made before death because it had bled heavily. The hair near the wound was dry and matted with blood. The skull itself was not crushed, but the scalp had been broken.
For the prosecution, this head wound fit the second-floor assault theory. The State presented evidence that Mary Phagan had first been struck, likely rendering her unconscious, and that the wound on the back of her head was consistent with her head hitting the handle of Barrett’s lathe in the metal room after the initial punch. Gheesling did not testify as a crime-scene reconstruction expert, but his observations helped support the State’s sequence: a punch before death, bleeding from the scalp wound, unconsciousness or helplessness, and then strangulation.
On cross-examination, the defense pressed the limits of his timing estimate. Gheesling admitted that he judged the time of death by rigor mortis and that this could be indefinite. He also explained the embalming process, including the removal of blood and injection of embalming fluid. That point must be read carefully. Those figures describe the preparation of the body for burial, not blood lost during the murder. On redirect, when asked whether Mary’s body had lost much blood, Gheesling answered no.
Gheesling also gave testimony relevant to the later confusion over “bloody hair.” He testified that blood from the head wound had matted the hair near the wound. That is not the same thing as saying the hair found on Robert P. Barrett’s lathe handle was bloody. The trial record keeps those points separate. The scalp wound bled and matted the hair near the wound. The lathe-hair evidence was a different piece of evidence, found on the second floor, and it was not established at trial as blood-soaked hair.
The strongest report that blood was found on the lathe hair comes from Robert P. Barrett, the National Pencil Company machinist, during the coroner’s inquest coverage in early May 1913. The Atlanta Constitution ran the subheading “Bloody Hairs Are Found” and reported that Barrett had found a dozen or more strands of hair on a lathing machine near Mary Phagan’s machine in the second-floor metal department. According to that account, Barrett said his hands became tangled in the long hair, that he pulled out the strands, and that “they were bloody.” The article also said several factory girls identified the hair as Mary Phagan’s.
Gheesling also confirmed that W. W. “Boots” Rogers, Detective John R. Black, and Leo Frank came to the undertaking establishment on Sunday morning, April 27, 1913. Gheesling took them back, pulled the sheet from the body, moved the revolving table, and walked out. He could not say whether Frank actually looked at the body. That detail fit with Rogers’s testimony, which also left the undertaker episode open to argument.
Gheesling was not the chief medical expert. He was not Dr. J. W. Hurt or Dr. H. F. Harris. His value was more direct: he handled the body, saw its condition early, and gave the jury a mortuary witness’s account of the cord, the neck mark, the rigidity, the blood settling, the head wound, the swollen eye, the dirt under the fingernails, the bloody underclothing, and the torn garments. In the grand jury setting, that testimony helped establish that Mary Phagan had been violently injured and strangled before her body was discovered in the basement.
Former Factory Worker and Noon-Hour Alibi Witness
Monteen Stover was a young former employee of the National Pencil Company. At trial, she testified that she was fourteen years old and had worked on the fourth floor of the factory. Later case literature identifies her by her married name, Monteen Manor, but in the 1913 records she appears as Miss Monteen Stover.
Stover is one of the more important timing witnesses in the case. She presents a documentary problem at the grand jury stage because she does not appear on the legal indictment witness list in the same way as the other names. Yet the Atlanta Journal reported on May 25, 1913 that she testified before the grand jury. The safest way to present her is as a press-reported grand jury witness whose later trial testimony is fully preserved.
At trial, there is no uncertainty. Monteen Stover was the 12th State witness. She testified during the first week of the trial, immediately before Robert P. Barrett, the machinist whose second-floor testimony became so important to the prosecution's machine room theory as the crime's origin point.
Her testimony was brief, but it struck one of the most important time windows in the case. Stover said she went to the National Pencil Company on Saturday, April 26, 1913, to get her pay. She arrived at about five minutes after 12 o’clock, stayed about five minutes, and left at ten minutes after 12. She went into Leo Frank’s office. Frank was not there. She did not see or hear anybody in the building. The door to the metal room was closed.
She described her own movements plainly. She had on tennis shoes, a yellow hat, and a brown raincoat. She looked at the clock on her way up and again on her way out. She had never been in Frank’s office before. On cross-examination, she said she walked into the office, turned around, and came out. She did not notice the safe, did not know how many desks were in the outer office, did not know how many windows were in the front office, and did not notice any wardrobe. The factory was still and quiet. She does not report that a four foot tall safe door was open and blocked her from walking into Leo Frank's inner office.
The importance of Monteen Stover’s testimony was not dramatic, but it was highly precise. It struck directly at the weakest part of Leo Frank’s noon-hour account.
In State’s Exhibit B, Frank’s unsworn April 28, 1913 statement to Chief of Detectives Newport Alonzo Lanford, Frank placed himself in his office during the critical period after noon on Saturday, April 26. He said Mary Phagan entered his office sometime between 12:05 and 12:10 p.m. to collect her pay. According to Frank, he paid her $1.20, she asked whether the metal had arrived, and then she left.
Stover’s testimony cut into that account. She said she entered Frank’s office during that same five-minute window, between 12:05 and 12:10 p.m., and found it empty. She did not see Frank. She did not see Mary Phagan. She heard no voices. She heard no movement in the building.
That made her testimony dangerous for the defense. It did not prove murder by itself, but it opened a serious gap in Frank’s timeline. If Stover was right, then Frank was not where his own alibi statement placed him during the very minutes when Mary Phagan was supposed to have come into his office, received her pay, and walked out. The State could argue that Stover’s five-minute visit overlapped the crucial moment when Mary had either just arrived, was already with Frank, or had already been drawn away from the office toward the second-floor metal department.
Her statement about the metal-room door also mattered. She said the door to the metal room was closed. On redirect, she stated that the door was sometimes open and sometimes closed, and that when the factory was not running, it was closed. That detail fit the broader picture of a quiet factory on Confederate Memorial Day, with few people in the building and limited interruption.
Stover was not a crime-scene witness, not a medical witness, and not a police witness. She did not claim to see Mary Phagan killed. She placed an empty office at a precise time. In a circumstantial case, that was powerful.
Frank later had to answer the Stover contradition. In his August 18, 1913 unsworn statement to the jury, he suggested that during those minutes he may have gone unconsciously to the bathroom or may have been hidden from view by the open safe door, which was described as being about four feet tall. The safe door story was not believable. Yet his other explanation mattered because the bathroom was in the second-floor metal-room area, the same part of the factory where the State argued the fatal encounter began and where the disputed blood and hair evidence had been found. Stover’s testimony therefore forced Frank’s defense into an awkward position. Either she was wrong about the office being empty, or Frank had not remained where his earlier account tended to place him. By answering Stover this way, Frank placed himself near the very area where the prosecution and police theorized Mary Phagan had been attacked during the early critical noon-hour window.
Why These Final Witnesses Mattered
Gheesling and Stover stood at opposite ends of the State’s evidentiary chain. Gheesling dealt with the body after death. Stover dealt with the time window before the body was found.
Gheesling supplied a physical account of Mary Phagan’s condition: the cord, the neck impression, the rigid body, the blood settling, the head wound, the swollen eye, the dirt under the fingernails, the blood on the underclothing, and the torn garments. Stover supplied a precise timing point: Frank’s office was empty between 12:05 and 12:10, the narrow period around Mary Phagan’s pay visit.
Because the grand jury was sealed, neither witness can be quoted from the grand jury room itself. The responsible method is to use the press record to identify who was reportedly called, then compare that with the sworn trial testimony given later in open court. By that method, Gheesling and Stover remain important final witnesses. Gheesling gave the State body-condition evidence. Stover gave the State vacant-office evidence.
By the close of the indictment presentation, the State had assembled a layered case: medical evidence, basement-scene evidence, second-floor physical evidence, police observations, Frank’s conduct, Frank’s prior statements, factory operations, documentary authentication, personal-knowledge testimony, undertaker testimony, and the empty-office timeline window.
The grand jury did not need to decide guilt beyond a reasonable doubt. It needed probable cause. On Saturday, May 24, 1913, it found enough to indict Leo M. Frank for the murder of Mary Phagan.
The legal record did not end with indictment. On Monday, August 25, 1913, a Fulton County jury convicted Leo M. Frank of the murder of Mary Phagan. The next day, Tuesday, August 26, Judge Leonard Strickland Roan sentenced him to die by hanging. Frank’s lawyers carried the case through the state and federal courts, but the conviction survived. The Georgia Supreme Court affirmed it. The United States Supreme Court later rejected Frank’s federal habeas effort in Frank v. Mangum, 237 U.S. 309 (1915). Governor John M. Slaton, whose law firm represented Leo Frank, commuted the death sentence to life imprisonment on June 21, 1915, sparing Frank from the gallows but not clearing him in law. The conviction remained intact. The 1986 pardon did not declare Frank innocent either. It addressed Georgia’s failure to protect a prisoner in its custody, not the question of guilt.
Atlanta Constitution. (1913, May 10). Girl will swear office of Frank deserted between 12:05 and 12:10.
Atlanta Constitution. (1913, August 1). William Gheesling, embalmer, tells of wounds on girl’s body.
Atlanta Journal. (1913, May 25). State didn’t show its case to secure indictment against Superintendent Leo M. Frank.
Court stenographers. (1913). Miss Monteen Stover, sworn in for the State, 12th to testify. In Leo M. Frank, plaintiff in error vs. State of Georgia: Brief of evidence, July term, 1913. Fulton County Superior Court.
Court stenographers. (1913). W. H. Gheesling, sworn in for the State, 28th to testify. In Leo M. Frank, plaintiff in error vs. State of Georgia: Brief of evidence, July term, 1913. Fulton County Superior Court.
Frank, L. M. (1913, August 18). Unsworn statement of the defendant. Fulton County Superior Court.
Frank v. Mangum, 237 U.S. 309. (1915).
Leo Frank Case Archive. (n.d.). Grand jury indictment of Leo M. Frank, Saturday, May 24, 1913, in the Superior Court of Atlanta, Georgia.
Slaton, J. M. (1915, June 21). Commutation order in the matter of Leo M. Frank.
Watson, T. E. (1915, August). Watson’s Magazine. Reference to Mrs. Manor, formerly Miss Monteen Stover, pending verification against the original issue.
Atlanta Constitution. (1913, August 2). Stenographer Parry identifies notes taken at Phagan inquest.
Atlanta Constitution. (1913, August 9). Holloway and Darley testimony, second week of trial coverage.
Atlanta Constitution. (1913, August 13). Frank should know fate before the week passes is opinion of attorneys.
Atlanta Georgian. (1913, April 29). Coverage of Gantt arrest at Marietta trolley terminus and questioning at Atlanta police headquarters.
Atlanta Georgian. (1913, May 8). Inquest scene is dramatic in its tenseness.
Court stenographers. (1913). E. F. Holloway, sworn in for the State, 17th to testify. In Leo M. Frank, plaintiff in error vs. State of Georgia: Brief of evidence, July term, 1913. Fulton County Superior Court.
Court stenographers. (1913). H. L. Parry, sworn in behalf of the State. In Leo M. Frank, plaintiff in error vs. State of Georgia: Brief of evidence, July term, 1913. Fulton County Superior Court.
Court stenographers. (1913). James Milton Gantt, sworn in for the State, 9th to testify. In Leo M. Frank, plaintiff in error vs. State of Georgia: Brief of evidence, July term, 1913. Fulton County Superior Court.
Court stenographers. (1913). N. V. Darley, sworn in for the State, 18th to testify. In Leo M. Frank, plaintiff in error vs. State of Georgia: Brief of evidence, July term, 1913. Fulton County Superior Court.
Frank, L. M. (1913, August 18). Unsworn statement of the defendant. Fulton County Superior Court.
Leo Frank Case Archive. (1913). The coroner’s inquest of the Mary Phagan murder mystery.
Leo Frank Case Archive. (1913). Grand jury indictment of Leo M. Frank, Saturday, May 24, 1913, in the Superior Court of Atlanta, Georgia.
Leo Frank Case Archive. (1913). Leo Frank murder trial testimony, July 28, 1913 to August 25, 1913.
Slaton, J. M. (1915, June 21). Commutation order in the matter of Leo M. Frank.