Reading Time: 33 minutes [5998 words]
MARY PHAGAN KEAN LEGACY PROJECT
MaryPhagan.com
Â
Setting the Record Straight:
A Point-by-Point Rebuttal of the Sandler Article and the Dinnerstein Thesis on the Leo Frank Case
Mary Phagan Kean Legacy Project | April 10, 2026
By Jenny S. King
Introduction
In March 2026, the Daily Record of Maryland published a short column by retired attorney Paul Mark Sandler titled “The Tragic Trial of Leo Frank and the Horrific Aftermath,” (https://thedailyrecord.com/2026/03/18/leo-frank-trial-lynching-atlanta-1913/). The piece is sourced entirely to one book: Leonard Dinnerstein’s The Leo Frank Case, a work that originated as a 1966 Columbia University PhD dissertation and the book has been revised multiple times through 2008. The Sandler article contains a number of factual errors, some original to the author and some inherited from Dinnerstein. This rebuttal addresses both categories systematically, using primary sources: the Leo Frank Trial Brief of Evidence of 1913, the coroner’s inquest record, the Georgia Supreme Court case files, and contemporaneous reporting from the three major Atlanta daily newspapers.1
A preliminary note on sourcing: Dinnerstein’s book has been the dominant popular account of the Frank case for more than half a century, especially from the subset years of 1968 – 2003, before Oney's book came out. Because so many subsequent articles, films, and advocacy materials derive from it, errors in Dinnerstein propagate widely. The Sandler article is one recent example of this pattern. Correcting the record isn't just a matter of partisanship, it's meant to be a matter of fact-checking against documents that have been publicly available for over a century.
Â
I. Factual Errors in the Sandler Article
1. The Manner of Mary Phagan’s Death
The Sandler article states that “an autopsy revealed that she had been choked.” This is imprecise in a way that distorts the nature of the crime. Mary Phagan was not choked to death in the ordinary sense of manual strangulation by ones bare hands. She was strangled with a seven-foot packing cord, one-eighth of an inch in diameter, fashioned into a crude, single knot hangman's style noose. The cord was cinched tightly around her neck and burried into her flesh. Dr. H. F. Harris, who conducted the autopsy, testified to strangulation by ligature. Mary Phagan was, in effect, non-traditionally lynched on the floor of the metal room at the second floor of the National Pencil Company factory, the room located opposite Leo Frank’s office. The distinction between choking and ligature strangulation is not trivial: the specific instrument and method are part of the forensic record and should be stated accurately.
2. The Trial’s Commencement Date
The Sandler article states the trial commenced on “July 23” in Fulton County Court. The trial began on July 28, 1913. This is a basic factual error verifiable in the Trial Brief of Evidence, 1913 and in the contemporaneous newspaper record of all three major Atlanta dailies.2
3. Leo Frank’s Ownership Status
The article describes Frank as “the factory’s superintendent and part-owner.” Frank was the superintendent of the National Pencil Company. The factory belonged to Sig Montag’s family. Frank was a salaried executive manager (superintendent) at approximately $150 per month. It is unclear whether or not he held a minority share in the company. As a courtesy after his arrest, conviction, and incarceration during his two years of appeals, the National Pencil Company continued paying him $100 per month. That continuing payment is worth noting because it suggests a financial relationship with the company that went perhaps beyond a simple employment wage, but “part-owner” as a description of his primary role at the factory could be misleading.
4. How Police Were Alerted and Why Suspicion Fell on Frank
The Sandler article says police concluded Frank was guilty primarily because “he acted suspiciously, appeared extremely nervous, and was the last person to see Mary Phagan alive.” This summary papers over the most damning evidence of consciousness of guilt: the Newt Lee time card incident, which is one of the most telling details in the entire case and which Leonard Dinnerstein handles with studied vagueness and ommission.
On the morning of Sunday, April 27, 1913, the day Mary Phagan’s body was discovered, officers brought Leo Frank to the factory for questioning. In the presence of factory manager N. V. Darley and night watchman Newt Lee, Frank opened the factory’s time clock, removed Lee’s time slip, examined it, and told the officers that the punches were “all right.” He personally reviewed the card in front of witnesses and stated the watchman had punched it correctly every half hour throughout his nightshift. Frank was then permitted to take the slip and place it in his office safe.3
“Mr. Frank opened the clock and said the punches were all right.” — Testimony of Newt Lee, Trial Brief of Evidence, 1913
The following day, Monday, April 28, 1913, Leo Frank was brought back to the police station for a longer, stenographed interview. When the topic of Newt Lee arose, Frank changed his story entirely. He now told police that Lee had missed three or four punches on the time clock. This would have meant that Lee had three to four hours of his shift entirely unaccounted for, which theoretically could have allowed him to commit the murder and dispose of evidence. The time to walk from the factory to Lee’s home was approximately thirty minutes each way.4
The problem was that Frank had already confirmed the opposite the day before, in the presence of multiple witnesses, especially police officers. Former county policeman Boots Rogers, who was present at the factory that Sunday morning, personally inspected Lee’s time slip and stated that he saw no missed punches. The Atlanta Georgian reported his account: “Rogers said he looked at the slip and the first punch was at 6:30 and last at 2:30. There were no misses, he said.”5
The time card that Frank produced on Monday, entered into evidence at his trial as Defendant’s Exhibit 1, showed four missing punches, creating a gap of approximately four hours. No witness could explain how the correctly-punched card Frank reviewed on Sunday became the one with four missing punches that he produced on Monday. The conclusion that Frank had altered, or substituted the time card between Sunday and Monday was drawn as a logical conclusion by investigators and later by the prosecution at trial, and it was one of several incidents involving misdirection toward the African American nightwatchman Newt Lee that convinced detectives Frank was the guilty party rather than an innocent man.6
Frank’s attempt to frame Lee did not end with the time card. A bloody shirt was discovered at the bottom of a burn barrel at Newt Lee’s home. When examined, investigators found that the blood had been smeared onto a clean shirt rather than being the result of actual wound contact; the smear pattern was inconsistent with a shirt worn during a violent crime. The linen shirt looked cleanly laundered. The prosecution argued at trial that the shirt had been planted. Lee was an honest employee of three weeks who had punched his time card with documented accuracy throughout his shift. Lee also had no criminal record. The systematic effort to redirect suspicion to him, spanning the murder notes left beside the dead body, the later time card forgery, and the planted shirt, represented a three-part frame that collapsed because each element was too crude to hold.7
Â
5. The Grand Jury Vote
The Sandler article states simply that “the grand jury indicted Frank for the murder of Mary Phagan” in May 1913. What the article omits is that the vote was unanimous: 21 men considered the evidence and all 21 voted to indict. Not a single grand juror voted against. Notably, the grand jury included several Jewish members. Historian Albert Lindemann, himself not a partisan of the guilty position, observed that the Jewish grand jurors “were persuaded by the concrete evidence that Dorsey presented” and that none of them ever voiced regret over their decision.8
Â
6. The Claim That Defense Counsel Faced “Immense Antisemitism”
The Sandler article asserts that defense counsel “faced immense public pressure and antisemitism.” This reflects Dinnerstein’s central thesis, but it is contradicted by the demographic and historical record of Georgia at the time.
Georgia has a Jewish history stretching to 1733, when a second ship arrived at Savannah shortly after General Oglethorpe’s founding party, carrying approximately 42 Jewish settlers who established what became one of the oldest Jewish congregations in North America. In the intervening two centuries, Jewish Georgians served in the state legislature, held mayoral offices across the state, served as officers in the Confederate army, and were integrated into the civic and commercial life of the state at every level.9
The Jewish population of the state of Georgia was approximately 6,400 in 1900. In the city of Atlanta alone, the Jewish community grew from approximately 4,000 in 1910 to 12,000 by 1937, tripling in less than three decades. Jews accounted for a third of Atlanta’s foreign-born population by 1920.10
This demographic trajectory is directly relevant to Dinnerstein’s antisemitism thesis. The 20th century offers abundant evidence of what Jewish populations do when they live under genuine, sustained antisemitism: they leave. They left Russia in enormous numbers. They left Germany. They fled communities across Europe. The Jewish population of Atlanta nearly tripled in the two decades following Leo Frank’s conviction and lynching. That pattern is not consistent with a city or region in the grip of anti-Jewish hatred. If Georgia were the antisemitic cauldron Dinnerstein describes, the Jewish population growth figures from the period 1910 to 1937 are inexplicable.1112
Albert Lindemann, in his closely reasoned study The Jew Accused, concluded that there was no evidence of antisemitism behind Frank’s arrest and conviction, that Jews constituted a highly valued element of affluent Atlanta society, and that no references to Frank’s Jewish background appeared in the media prior to the trial. When antisemitism did emerge as a theme, it arose largely as a reaction to the campaign conducted by outside Jewish organizations and Northern newspapers, which many Georgians experienced as an insult to their courts and their state. Governor Slaton himself, when asked in 1915 whether there was prejudice against Jews in Georgia, pointed to a Jewish trustee of the original Colony of Georgia under Oglethorpe, noted that the head of the Atlanta Board of Education and the vice president of the Atlanta Chamber of Commerce were both Jewish, and answered directly: “No.”13
Â
7. Governor John Slaton and the Conflict of Interest
The Sandler article names the governor who commuted Frank’s sentence as “Governor John M. Slator,” which is a typographical error. His name was John Marshall Slaton. The article describes the commutation without mentioning the most important fact about it: Slaton was a senior law partner and part owner of the merged law firm Rosser, Brandon, Slaton and Phillips, the same firm that had represented Leo Frank at his trial and throughout his state appeals. This was not a minor coincidence; it was an open conflict of interest that was widely recognized at the time and that directly inflamed public outrage in Georgia.14
The firm’s lead partner, Luther Zeigler Rosser, had been paid an unheard-of retainer of $15,000 to defend Frank at trial. The merged firm, which included Slaton as a partner, handled Frank’s subsequent state and federal appeals. In the days before Slaton’s last day in office, Rosser paid a private visit to the governor’s home. The commutation came the following morning. Slaton himself, in his commutation order, affirmed the strength of the prosecution’s case and stated that he was sustaining the jury and the appellate tribunals. He did not find Frank innocent. He said his conscience would not permit him to allow a man who might be innocent to hang. That is a different thing entirely from exonerating a defendant, and the courts at every level had unanimously sustained the verdict before Slaton acted.15
The public outrage that followed was not primarily antisemitic in character. Twelve hundred people marched on the governor’s mansion. The National Guard was called out. The anger was directed at a governor who had commuted the sentence of his own law firm’s client on his final day in office. Even author Steve Oney, whose sympathies are clearly pro-Frank, acknowledged that Slaton’s commutation created “a clear and troubling appearance of a conflict of interest.”16
Â
8. The 1986 Pardon Was Not an Exoneration
The Sandler article states that “many years later, long after the lynching, Frank was pardoned,” phrasing that implies rehabilitation of innocence. The 1986 pardon granted by the Georgia State Board of Pardons and Paroles contained explicit controlling language that the Board was acting “without attempting to address the question of guilt or innocence.” The Board was not exonerating Frank. It was acknowledging the state’s failure to protect him in custody and the failure to bring to justice the men who abducted and hanged him. Leo Frank’s conviction was never vacated. He remains, under Georgia law, a convicted murderer.17
Â
9. The Name of the Lynching Party
Secondary accounts of this case, including many that derive from Dinnerstein, routinely describe the men who hanged Leo Frank as the “Knights of Mary Phagan.” The men themselves called their organization the Vigilance Committee. The “Knights of Mary Phagan” designation was an error that entered the historical record largely through New York Times coverage and was subsequently repeated without verification by generations of writers who did not check the primary sources. The Vigilance Committee was a deliberate, organized group of prominent Cobb County citizens, not a spontaneous mob. Its members included a former governor, the current and former mayors of Marietta, a superior court judge, a member of the Georgia General Assembly, and the sitting sheriff of Cobb County.18
Â
II. The Dinnerstein Thesis: Documented Alleged Falsifications and Errors
Leonard Dinnerstein’s The Leo Frank Case is the source from which the Sandler article draws its entire interpretive framework. Dinnerstein’s central thesis, maintained across multiple revisions from 1968 through 2008, is that antisemitism in the South was the primary driver of Frank’s arrest, conviction, and the failure of his appeals. Researchers who have cross-referenced his claims against the Trial Brief of Evidence, 1913, the Georgia Supreme Court case records, and the three major Atlanta dailies have documented a substantial pattern of alleged errors, omissions, and fabrications. The principal categories follow.19
1. The Fabricated Mob Chanting Claim
In his 1968 article in the American Jewish Archive Journal (Volume 20, Number 2), Dinnerstein claimed that crowds outside the courtroom during the trial shouted anti-Semitic epithets through the open windows, including “Crack the Jew’s neck!” and “Lynch him!” and that jurors were threatened with death if they acquitted Frank.
None of the three major Atlanta newspapers, the Constitution, the Journal, and the Georgian, which had competing teams of reporters covering every detail of the month-long trial, including the seating arrangements, songs performed outside the building, and the rotation of court stenographers, ever reported these incidents. There is no mention of these alleged threats in the 3,000 pages of official trial and appellate records. Frank’s own defense team, which had every incentive to document mob pressure as grounds for appeal and which did in fact raise the issue of courtroom atmosphere in closing arguments, never filed any police report, affidavit, or legal document referencing jurors being threatened through windows with death if they acquitted.20
The question is not whether any hostile sentiment existed outside the courthouse; the trial was held in a city shocked by the violent death of a thirteen-year-old girl, and public opinion was strongly against the defendant. The question is whether Dinnerstein’s specific claim of anti-Semitic chanting through windows, with jury members threatened by name, is supported by evidence. It is not. Three competing newspapers with competing reporters covering the trial of the century in granular detail found nothing to report. That absence is decisive.
Â
2. The Blood and Hair Evidence Misrepresented
Dinnerstein states in his book that blood was found on the floor near the lathe in the metal room. The actual forensic evidence is different and more specific. Mary Phagan’s bloodied hair was found tangled around the solid iron handle of factory machinist Robert Barrett’s bench lathe on the morning of Monday, April 28, 1913. The blood evidence, a five-inch fan-shaped stain, was found not at the lathe but near the bathroom door of the metal room.21
This distinction is not technical hairsplitting. The location of the bloodstain relative to the bathroom door is central to the prosecution’s theory of the crime and central to Frank’s trial admission. Dinnerstein conflates the location of the hair with the location of the blood, creating a blurred picture that obscures the geography of the forensic evidence and its relationship to the room’s bathroom.
Â
3. The Bathroom Location Omitted
The only bathroom on the second floor of the National Pencil Company factory was located inside the metal room. This is documented in Defendant’s Exhibit 61 and State’s Exhibit A, both floor plan diagrams in the Trial Brief of Evidence, 1913. Dinnerstein does not inform his readers of this fact.22
The omission is consequential because of what Frank admitted at trial. After Monteen Stover testified that she found Frank’s office empty between 12:05 and 12:10 p.m. on the day of the murder, forcing a contradiction with Frank’s earlier sworn accounts, Frank admitted for the first time on August 18, 1913, that he might have gone to another part of the building. The only bathroom he could have been going to was the one inside the metal room, the very room where the bloodstain and hair were found. A reader of Dinnerstein cannot understand the significance of Frank’s trial admission without knowing the bathroom’s location, because Dinnerstein does not provide it.23
Â
4. Monteen Stover and the Alibi Collapse
One of the few things the Sandler article gets substantially right is the Monteen Stover incident, and it deserves emphasis precisely because it is so often omitted or minimized in pro-Frank retellings of the case.
On Saturday, May 3, 1913, exactly one week after the murder, Atlanta police encountered 14-year-old Monteen Stover at the National Pencil Company factory. She was present with her frightened stepmother. She had gone to the factory that Saturday for the same reason she had gone the previous Saturday: to collect her pay envelope, which she never received because no one was in Leo Frank’s office when she arrived.
Stover told officers she had entered Frank’s office on April 26, 1913, and waited there for five minutes, from approximately 12:05 to 12:10 p.m. The office was completely empty throughout. No one was in the outer office. No one was in the inner office. Leo Frank was not there.
Frank had told police on Sunday, April 27, that Mary Phagan arrived at his office at 12:03 p.m. and that he was present and never left.24 In State’s Exhibit B, his stenographed statement given Monday, April 28, in the presence of his attorneys Herbert Haas and Luther Rosser, he placed Phagan’s arrival at “12:05 to 12:10, maybe 12:07.” He said nothing about leaving the office or using the bathroom.25
“12:05 PM to 12:10 PM, maybe 12:07 PM” — Leo Frank, State’s Exhibit B, April 28, 1913
At the coroner’s inquest in early May, Frank gave a third distinct time, now placing Phagan’s arrival at 12:10 p.m. When Coroner Paul Donehoo asked directly whether he had used the bathroom that day, Frank swore he had not used it at all, not that he could not recall, but that he had not done so.26
The collision between Frank’s sworn account and Stover’s account is not resolvable by clock imprecision. Stover was waiting in the office during the exact window Frank described as containing his encounter with Mary Phagan. Both accounts cannot be true. If Frank was where he said he was, Stover would have seen him. If Stover saw an empty office, Frank was somewhere else. The prosecution argued he was in the metal room, and that is where the physical evidence pointed.
When Stover testified at trial in August 1913, Frank was forced to account for her. He admitted, for the first time in three-plus months of questioning, that he might have stepped into another part of the building. The only bathroom available to him on that floor was in the metal room, which is the same room where Mary Phagan’s blood and hair were found. His admission is the fourth and final version of his account of the noon hour, each version shifting under pressure from evidence that the previous version could not accommodate.27
Â
5. The Jim Conley Writing Claim Inverted
In the 2009 documentary People v. Leo Frank, Leonard Dinnerstein stated on film that Leo Frank helped police discover Jim Conley could write, thereby exposing Conley as the probable author of the murder notes found beside Mary Phagan’s body. The Trial Brief of Evidence, 1913, documents the opposite. Frank concealed from police throughout his initial interrogations that Conley was literate. It was not Frank who revealed Conley’s literacy to investigators; it was discovered through independent police work. Dinnerstein’s filmed statement inverts the documented record.28
Â
6. Endorsement of the Pierre van Paassen X-Ray Hoax
Dinnerstein endorses in his book a claim made by writer Pierre van Paassen in his 1964 memoir To Number Our Days, in which van Paassen alleged that X-ray photographs existed, taken in 1913, of Leo Frank’s teeth and of bite marks on Mary Phagan’s neck and shoulder, and that anti-Semites had suppressed these photographs because Frank’s teeth did not match the bite marks, thereby exonerating him. No such photographs appear in the official trial record. No contemporaneous account from 1913 mentions them. No chain of custody was ever established. The claim exists only in a 1964 memoir, and Dinnerstein endorsed it without documentary verification.29
Â
7. Both Detective Agencies Concluded Frank Was Guilty
The National Pencil Company, acting in Frank’s interest, hired the Pinkerton Detective Agency immediately after the murder. Pinkerton detective Harry Scott investigated the case and testified at trial, concluding that Frank was the murderer. Albert Lasker later hired William J. Burns to investigate. C. W. Tobie, the Burns agency’s Atlanta operative, stated publicly when the firm briefly withdrew from the case: “From what I developed in my investigation I am convinced that Frank is the guilty man.” Both detective agencies, one working initially for the factory that employed Frank and one funded by the Frank defense, reached the same conclusion as the prosecution. Dinnerstein does not give adequate weight to this.30
Â
8. The Defense Fund’s Documented Conduct
The principal financial backer of the Frank defense was Albert Lasker, a Jewish-American advertising executive from Chicago who headed the Lord and Thomas agency, the dominant advertising firm in the country. Lasker’s leverage over the nation’s press went beyond ordinary wealth: his firm’s advertising revenues were the financial life-blood of newspapers across the country, which gave him editorial influence that ordinary philanthropists did not possess. He contributed an estimated $100,000 to the Frank defense fund, equivalent to more than $2 million in today’s purchasing power, and orchestrated a national press campaign in Frank’s favor.31
Lasker later acknowledged in private correspondence that a substantial portion of those funds had gone toward obtaining perjured testimony. He also explored the possibility of bribing judges. The Georgia Supreme Court records contain affidavits from National Pencil Company employees stating that company officials attempted to bribe them to provide false testimony during Frank’s appeals hearings. These documented criminal activities by the defense apparatus are largely absent from Dinnerstein’s account.32
Â
9. The Anti-Semitism Thesis and the Judicial Record
Dinnerstein’s thesis that antisemitism drove the conviction requires him to discount or explain away a judicial record of remarkable unanimity. The coroner’s jury voted 7 to 0 against Frank. The grand jury voted 21 to 0 to indict, including multiple Jewish members. The trial jury convicted 12 to 0. Judge Leonard Roan denied the motion for a new trial. The Georgia Supreme Court upheld the conviction. The United States Supreme Court voted 7 to 2 that Frank received every right guaranteed to him under the Constitution, with Justices Oliver Wendell Holmes and Charles Evans Hughes in dissent. Every level of the American judicial system sustained the verdict. Slaton himself, in his commutation order, wrote that he was sustaining the jury and the appellate tribunals.33
A theory that attributes this cascade of unanimous or near-unanimous decisions across multiple independent judicial bodies to coordinated ethnic prejudice is required to explain why each of these bodies, operating independently and at different levels of the system, reached the same conclusion. Dinnerstein does not satisfactorily do so. The simpler explanation, consistent with the physical evidence, the forensic testimony, and Frank’s own shifting and self-contradictory statements, is that the verdict reflected the evidence.
Â
III. Conclusion
The Sandler article, relying solely on Dinnerstein, inherits his interpretive framework wholesale and adds errors of its own. It misstates the trial date, mischaracterizes Mary Phagan’s manner of death, omits the Newt Lee time card forgery, presents a demographic and civic context for Georgia that contradicts the historical record on antisemitism, understates the unanimity of the indictment, misnames the governor, omits his conflict of interest, and misrepresents the 1986 pardon as a simple exoneration. It also misidentifies the Vigilance Committee using the historically inaccurate “Knights of Mary Phagan” press error.
Dinnerstein’s underlying book suffers from more fundamental problems: a fabricated or at minimum unverifiable claim about anti-Semitic mob chanting during the trial; a forensic error conflating the location of blood and hair evidence; a structural omission about the location of the only second-floor bathroom; a direct inversion of the documented record on Conley’s literacy; endorsement of a 1964 hoax about X-ray evidence; and systematic omission of the defense fund’s documented criminal conduct and of both detective agencies’ conclusions that Frank was guilty.
The Leo Frank case is not, as Dinnerstein framed it, primarily a story about Southern antisemitism. It is a story about the murder of a thirteen-year-old working girl, the physical evidence left behind in the metal room of the National Pencil Company factory, and the years of well-funded effort to substitute a comfortable narrative for a documented evidentiary record. Mary Phagan’s name belongs at the center of that story.
Â
Â
References
1. Goldring/Woldenberg Institute of Southern Jewish Life. (2026). Georgia encyclopedia. ISJL.org. https://www.isjl.org/georgia-encyclopedia.html
2. Jewish Virtual Library. (2007). Georgia. JewishVirtualLibrary.org. https://www.jewishvirtuallibrary.org/georgia
3. Leo Frank Case Archive. (2013). Clemency / commutation of Leo Frank on June 21, 1915. LeoFrank.org. https://www.leofrank.org/trial-and-evidence/clemency-commutation/
4. Leo Frank Case Archive. (n.d.). Leo Frank: Guilty of murder, part 2. LeoFrank.org. https://www.leofrank.org/leo-frank-guilty-of-murder-part-2/
5. Leo Frank Case Archive. (n.d.). State’s Exhibit B presented at the Leo M. Frank murder trial. LeoFrank.org. https://www.leofrank.org/trial-and-evidence/prosecution/states-exhibit-b/
6. Leo Frank Case Archive. (n.d.). The coroner’s inquest of the Mary Phagan murder mystery. LeoFrank.org. https://www.leofrank.org/trial-and-evidence/coroners-inquest/
7. Leo Frank Case Archive. (n.d.). The Leo Frank case: A pseudo-history. LeoFrank.org. https://www.leofrank.org/the-leo-frank-case-a-pseudo-history/
8. Leo Frank Case Archive. (n.d.). The Leo Frank case by Jewish activist professor Leonard Dinnerstein. LeoFrank.org. https://www.leofrank.org/the-leo-frank-case-by-jewish-activist-professor-leonard-dinnerstein-brown-thrasher-books/
9. Leo Frank Case Archive. (2013). Within the four-hour long unsworn Leo Max Frank murder trial statement. LeoFrank.org. https://www.leofrank.org/solution/confession/
10. Leo Frank Case Archive. (2025, April 26). The 112th anniversary of Mary Phagan’s murder. LeoFrank.org. https://www.leofrank.org/the-112th-anniversary-of-mary-phagans-murder/
11. American Mercury. (2013, August). The Leo Frank trial: Week one. TheAmericanMercury.org. https://theamericanmercury.org/2013/08/the-leo-frank-trial-week-one/
12. Georgia State Board of Pardons and Paroles. (1986, March 11). Pardon of Leo Frank [official document]. Georgia Archives.
13. Sandler, P. M. (2026, March 18). The tragic trial of Leo Frank and the horrific aftermath. The Daily Record. https://thedailyrecord.com/2026/03/18/leo-frank-trial-lynching-atlanta-1913/
14. Unz, R. (2023, March 27). American Pravda: The Leo Frank case and the origins of the ADL. The American Mercury. https://theamericanmercury.org/2023/04/american-pravda-the-leo-frank-case-and-the-origins-of-the-adl/
15. Wikipedia. (2026). History of the Jews in Atlanta. https://en.wikipedia.org/wiki/History_of_the_Jews_in_Atlanta
Footnotes
1 Sandler, P. M. (2026, March 18). The tragic trial of Leo Frank and the horrific aftermath. The Daily Record. https://thedailyrecord.com/2026/03/18/leo-frank-trial-lynching-atlanta-1913/
2 Leo Frank Case Archive. (2013). State’s Exhibit B presented at the Leo M. Frank murder trial. LeoFrank.org. https://www.leofrank.org/trial-and-evidence/prosecution/states-exhibit-b/
3 American Mercury. (2013, August). The Leo Frank trial: Week one. TheAmericanMercury.org. https://theamericanmercury.org/2013/08/the-leo-frank-trial-week-one/
4 American Mercury. (2013, August). The Leo Frank trial: Week one. TheAmericanMercury.org. https://theamericanmercury.org/2013/08/the-leo-frank-trial-week-one/
5 Leo Frank Case Archive. (n.d.). Leo Frank: Guilty of murder, part 2. LeoFrank.org. https://www.leofrank.org/leo-frank-guilty-of-murder-part-2/
6 Leo Frank Case Archive. (n.d.). Leo Frank: Guilty of murder, part 2. LeoFrank.org. https://www.leofrank.org/leo-frank-guilty-of-murder-part-2/
7 Leo Frank Case Archive. (2015). The coroner’s inquest of the Mary Phagan murder mystery. LeoFrank.org. https://www.leofrank.org/trial-and-evidence/coroners-inquest/
8 Goldring/Woldenberg Institute of Southern Jewish Life. (n.d.). Georgia encyclopedia. ISJL.org. https://www.isjl.org/georgia-encyclopedia.html
9 Wikipedia. (n.d.). History of the Jews in Atlanta. https://en.wikipedia.org/wiki/History_of_the_Jews_in_Atlanta
10 Wikipedia. (n.d.). History of the Jews in Atlanta. https://en.wikipedia.org/wiki/History_of_the_Jews_in_Atlanta
11 Jewish Virtual Library. (n.d.). Georgia. https://www.jewishvirtuallibrary.org/georgia
12 Leo Frank Case Archive. (n.d.). Clemency / commutation of Leo Frank on June 21, 1915. LeoFrank.org. https://www.leofrank.org/trial-and-evidence/clemency-commutation/
13 Leo Frank Case Archive. (n.d.). Clemency / commutation of Leo Frank on June 21, 1915. LeoFrank.org. https://www.leofrank.org/trial-and-evidence/clemency-commutation/
14 Leo Frank Case Archive. (2015). Clemency / commutation of Leo Frank on June 21, 1915. LeoFrank.org. https://www.leofrank.org/trial-and-evidence/clemency-commutation/
15 Georgia State Board of Pardons and Paroles. (1986, March 11). Pardon of Leo Frank [official document]. Georgia Archives.
16 Mary Phagan Kean Legacy Project. (n.d.). The Vigilance Committee. MaryPhagan.com.
17 Leo Frank Case Archive. (2012). The Leo Frank case: A pseudo-history. LeoFrank.org. https://www.leofrank.org/the-leo-frank-case-a-pseudo-history/
18 Leo Frank Case Archive. (2012). The Leo Frank case: A pseudo-history. LeoFrank.org. https://www.leofrank.org/the-leo-frank-case-a-pseudo-history/
19 Leo Frank Case Archive. (n.d.). The Leo Frank case by Jewish activist professor Leonard Dinnerstein. LeoFrank.org. https://www.leofrank.org/the-leo-frank-case-by-jewish-activist-professor-leonard-dinnerstein-brown-thrasher-books/
20 Leo Frank Case Archive. (n.d.). The Leo Frank case by Jewish activist professor Leonard Dinnerstein. LeoFrank.org. https://www.leofrank.org/the-leo-frank-case-by-jewish-activist-professor-leonard-dinnerstein-brown-thrasher-books/
21 Leo Frank Case Archive. (n.d.). Within the four-hour long unsworn Leo Max Frank murder trial statement. LeoFrank.org. https://www.leofrank.org/solution/confession/
22 Leo Frank Case Archive. (n.d.). State’s Exhibit B presented at the Leo M. Frank murder trial. LeoFrank.org. https://www.leofrank.org/trial-and-evidence/prosecution/states-exhibit-b/
23 Leo Frank Case Archive. (n.d.). State’s Exhibit B presented at the Leo M. Frank murder trial. LeoFrank.org. https://www.leofrank.org/trial-and-evidence/prosecution/states-exhibit-b/
24 Leo Frank Case Archive. (n.d.). The coroner’s inquest of the Mary Phagan murder mystery. LeoFrank.org. https://www.leofrank.org/trial-and-evidence/coroners-inquest/
25 Leo Frank Case Archive. (n.d.). Within the four-hour long unsworn Leo Max Frank murder trial statement. LeoFrank.org. https://www.leofrank.org/solution/confession/
26 Leo Frank Case Archive. (n.d.). The Leo Frank case by Jewish activist professor Leonard Dinnerstein. LeoFrank.org. https://www.leofrank.org/the-leo-frank-case-by-jewish-activist-professor-leonard-dinnerstein-brown-thrasher-books/
27 Leo Frank Case Archive. (n.d.). The Leo Frank case: A pseudo-history. LeoFrank.org. https://www.leofrank.org/the-leo-frank-case-a-pseudo-history/
28 Unz, R. (2023, March 27). American Pravda: The Leo Frank case and the origins of the ADL. The American Mercury. https://theamericanmercury.org/2023/04/american-pravda-the-leo-frank-case-and-the-origins-of-the-adl/
29 Leo Frank Case Archive. (2025, April 26). The 112th anniversary of Mary Phagan’s murder. LeoFrank.org. https://www.leofrank.org/the-112th-anniversary-of-mary-phagans-murder/
30 Unz, R. (2023, March 27). American Pravda: The Leo Frank case and the origins of the ADL. The American Mercury. https://theamericanmercury.org/2023/04/american-pravda-the-leo-frank-case-and-the-origins-of-the-adl/
31 Leo Frank Case Archive. (n.d.). Clemency / commutation of Leo Frank on June 21, 1915. LeoFrank.org. https://www.leofrank.org/trial-and-evidence/clemency-commutation/
32 Unz, R. (2023, March 27). American Pravda: The Leo Frank case and the origins of the ADL. The American Mercury. https://theamericanmercury.org/2023/04/american-pravda-the-leo-frank-case-and-the-origins-of-the-adl/
33 Leo Frank Case Archive. (n.d.). Clemency / commutation of Leo Frank on June 21, 1915. LeoFrank.org. https://www.leofrank.org/trial-and-evidence/clemency-commutation/
APPENDIX
The tragic trial of Leo Frank and the horrific aftermath
Paul Mark Sandler // March 18, 2026 //
On April 26, 1913, 13-year-old Mary Phagan, a factory worker in Atlanta, Georgia, was murdered. Her disfigured body was discovered in the factory the following day. Dried blood caked her skull and sawdust covered her body. An autopsy revealed that she had been choked, and her head had been dented with a blunt instrument.
Police ordered the factory’s superintendent and part-owner, Leo Frank, to report immediately to the scene of the crime. But instead, the police went to Frank’s home, then brought him to the morgue and crime scene at the factory.
After evaluating evidence over the next several days, the police concluded Frank was guilty: He acted suspiciously, appeared extremely nervous, and was the last person to see Mary Phagan alive. Blood stains of the victim were also found in the workroom opposite Frank’s office.
In the book “The Leo Frank Case,” author Leonard Dinnerstein writes: “Because Leo Frank was Jewish, his arrest and arraignment complicated the emotional reactions of the public. Antisemitism in Atlanta during this time eventually led to one of the causes celebres of the century: The case against Leo Frank.”
In May 1913, the grand jury indicted Frank for the murder of Mary Phagan. The trial commenced on July 23 in Atlanta’s Fulton County Court with widespread public opinion that Leo Frank was guilty.
Frank’s defense lawyers included the highly skilled Luther Rosser, who was considered one of the best criminal defense lawyers in the South, known for his skill in examining witnesses. Joining him was Reuben Arnold, also highly regarded. Defense counsel faced immense public pressure and antisemitism. They struggled to overcome the prosecution’s compelling narrative and evidence presented by lead prosecutor Hugh Dorsey and his team, which focused on witness testimony to build its theory of the crime.
The prosecution presented testimony of various witnesses that blood spots on the floor and strands of Phagan’s hair on a nearby lathe indicated that the murder had occurred in the second-floor workroom, opposite Frank’s office, and that Frank was the last person to see Phagan alive and had the opportunity to kill her.
Doctors testified that Mary Phagan’s death occurred between 12:00 and 12:15 p.m. An employee of the factory, Monteen Stover, testified that she had arrived at the factory at 12:05 p.m., looked into Frank’s office, did not see him, waited five minutes, and then left the building. Stover’s testimony was damaging because Frank, when initially questioned by detectives, told them Phagan arrived between 12:05 and 12:10 p.m. and that he had not left his office between 12:00 and 12:30 p.m. The prosecution subsequently argued that Frank murdered Phagan at the time Stover was waiting for her pay.
A key witness for the prosecution was Jim Conley, the factory’s sweeper. He testified that he had arrived at the factory on the day of the murder at 8:30 a.m. Upon his arrival, Frank sent him on errands and reminded him to return. He testified that Frank mentioned he was expecting a young lady who would come to chat for a while. Conley testified that Phagan did arrive, and he heard footsteps going back and forth to the metal work room where the prosecution argued the murder occurred, and he heard a girl scream.
Conley then testified that he saw Stover enter the building, go up to the second floor, and then leave the building. Conley stated he eventually went up to the superintendent’s office. There he saw Frank at the top of the steps shivering and trembling, and rubbing his hands, while holding a little rope. Conley continued to incriminate Frank, shocking the spectators with testimony that Frank had abused other women at the factory. Interestingly, Conley’s testimony subsequent to the trial was considered false.
The defense called over 100 witnesses in the one-month trial, but the jury still found Leo Frank guilty. He was sentenced to death by hanging. Frank was shocked and dismayed. He still proclaimed his innocence. Learning of the verdict, thousands of citizens were jubilant. Their enthusiastic support for the verdict was considered by many to be intense antisemitism.
Defense counsel filed numerous appeals, to no avail. Many Jewish organizations unsuccessfully tried to free Frank. Eventually, Governor John M. Slator commuted the death sentence to life in prison. However, on August 17, 1915, Frank was abducted by a mob that broke into the prison and lynched him, ending his life. Many years later, long after the lynching, Frank was pardoned. Due to its blatant antisemitism, falsity of trial evidence, and ultimate lynching of Leo Frank, this case and its aftermath have plagued society even to this day, as do other lynchings in the U.S., including the state of Maryland.
Source: “The Leo Frank Case” by Leonard Dinnerstein (University of Georgia Press, 2008).
Paul Mark Sandler is recently retired from the firm of Shapiro Sher. He can be reached at pmsandler@gmail.com.
Tags: legal history, Paul Mark Sandler
(https://thedailyrecord.com/2026/03/18/leo-frank-trial-lynching-atlanta-1913/)Â