The Atlanta Journal reported:
"Automobiles came
careening, recklessly
disregarding life and limb of
occupants. Horse-drawn
vehicles came at a gallop.
Pedestrians came running."
The sight that confronted the throng was horrible. Frank, clad in the nightshirt he had been wearing when he was abducted from the State Prison Farm the previous evening, dangled blindfolded from an oak tree. Yet to the several thousand people who eventually gathered at the scene, the body of a man who they believed had traded on his Jewishness to avoid the court's sentence evoked little compassion.
"I couldn't bear to look at another human being
hanging like that," one woman declared. "But this is
different. It is the justice of God."
Outside of Georgia, particularly in Northern and
Western cities, word that Leo Frank had been lynched
provoked an equally intense opposite reaction.
Political and religious figures ranging from former
President William Howard Taft to Rabbi Steven S.
Wise, a leader of Reform Judaism in New York and an
advocate of social justice, denounced the crime. So
did Booker T. Washington. The nation's newspapers
were also condemnatory. .
"Georgia is mad with her own virtue, cruel,
unreasoning, bloodthirsty, barbarous," declared The
San Francisco Bulletin.
Boycotts were threatened, investigations promised.
But no one was indicted for Frank's murder and his
remains were brought home to Brooklyn and buried
at the Cypress Hills Cemetery in Queens.
Now, 83 years after the lynching of Leo Frank, the
director Harold Prince, the playwright Alfred Uhry
and the composer and lyricist Jason Robert Brown are
revisiting the case in a musical entitled "Parade." The
show, starring Brent Carver as Frank and Carolee
Carmello as his wife, Lucille, is in previews at the
Vivian Beaumont Theater at Lincoln Center, where it
opens on Thursday.
The production is certainly the first attempt to exploit
the lyric possibilities of the story. But a number of
dramatic works have been inspired by the case.
Just four months after Frank's lynching, Hal Reid, the
father of the silent-movie star Wallace Reid, produced
"Thou Shalt Not Kill," a film based loosely on the
subject.
In 1937, Warner Brothers released Mervyn LeRoy's
"They Won't Forget," a fictionalized version of the
case, with Claude Rains and, in her first major role,
Lana Turner.
More recently, NBC presented "The Murder of Mary
Phagan," a 1988 miniseries starring Jack Lemmon as
John Slaton, the Georgia governor whose
commutation of Frank's death sentence was regarded
in the North as an act of courage but in the South as
one of betrayal.
Last year, David Mamet's novel about the affair, "The
Old Religion," was published. In the critic Alfred
Kazin's estimation, the book "accuses the Gentile
world of assisting in Frank's destruction." C
URRENTLY in Chicago, the Pegasus Players are
presenting "The Lynching of Leo Frank." The play, by
Robert Myers, who was born in Atlanta, examines the
case from the perspective of Alonzo Mann, Frank's
former office boy, who came forward 70 years after
the fact to assert Frank's innocence.
That the story of Leo Frank has proved such a rich
source is in part because the subject goes to the heart
of some of the most polarizing divisions in American
society: a few weeks after the lynching, a resurging Ku
Klux Klan conducted its first modern-era
cross-burning just 20 miles east of Marietta;
meanwhile, in New York, the newly formed
Anti-Defamation League of B'nai B'rith opened a
campaign against the underlying prejudice that had
led to the lynching, setting a precedent for responses
to anti-Semitic acts.
But in addition to its symbolic importance, the
abiding appeal of the story arises from the richly
populated backdrop against which it played out.
In the pre-dawn hours of April 27, 1913, Newt Lee, a
black night watchman at the National Pencil Factory
in Atlanta, discovered the battered body of Mary
Phagan, a young employee. The dead girl, her
underwear ripped and a length of cord knotted
around her neck, lay sprawled on the basement floor.
Though Lee told responding officers that he had
nothing to do with the killing, they arrested him -- and
not solely because of his race. Near the girl's body, the
police found two handwritten notes that seemed to
implicate him.
One read: "he said he wood love me land down play
like the night witch did it but that long tall black
negro did boy his slef."
Under any circumstances, Mary Phagan's murder
would have excited intense feelings in Atlanta, but
emotions were exacerbated by the fact that she was
killed on Confederate Memorial Day, when anxieties
about the future ran close to the surface.
The old-money Bourbons and new-money boosters
who ruled Atlanta embraced the coming
industrialized age that was symbolized by the
National Pencil Factory and its 29-year-old
superintendent, Leo Frank. Frank, an aloof and
somewhat arrogant mechanical engineer who grew
up in Brooklyn and studied at Cornell University, had
arrived in the city in 1908 and married into a
respected local German-Jewish family.
At the same time, Atlanta's largely agrarian populace
chafed against the excesses of a manufacturing
culture based on child labor. Here, too, the National
Pencil Factory was emblematic. Like Mary, whose
widowed mother had moved her family to the city
from Marietta in 1907, most of the employees were
teen-agers who earned just pennies an hour.
The genteel editors of the then rival newspapers The
Atlanta Constitution and The Atlanta Journal paid
scant attention to the city's underlying class tensions
and did not sensationalize the killing. But the hired
guns at William Randolph Hearst's now defunct
Atlanta Georgian saw the possibilities immediately
and cranked out a stream of red-banner-headline
extras.
A decade later, a former reporter at the Atlanta
Georgian named Herbert Asbury wrote, "Had Hearst
not owned the Georgian, the story probably would
have died a natural death."
From the moment Frank was informed of Mary
Phagan's murder, he exhibited what detectives
regarded as a suspicious degree of nervousness. Even
more worrisome to investigators was their sense that
he was trying to pin the crime on a man they soon
concluded had nothing to do with it -- Newt Lee. And
there was one troubling fact: Frank admitted to
having been the last person to see the victim alive.
While on her way to the Confederate Memorial Day
Parade (the event from which the musical takes its
title), Mary had stopped at Frank's office to pick up
her $1.20 in wages.
Yet in the beginning, Atlantans had doubts about
Frank's guilt. Plagued by a history of botched murder
investigations, the city's police department was
known to be hungry for a high-profile arrest and
willing to fabricate evidence to make one. Thus many
of the clues and statements detectives worked up
were questioned. Also problematic was the medical
examiner's information. Nine days passed before an
autopsy was conducted. Whether the girl had been
raped was never resolved, making motive difficult to
establish. Also puzzling were the notes found near the
body. The consensus was that the murderer wrote
them, but handwriting tests exonerated Frank.
Not until a month after Mary's death did the man who
would become the case's most controversial figure -- a
black, 27-year-old janitor at the pencil factory named
Jim Conley -- make the allegations that convinced
Atlantans that Frank was the culprit.
In a series of increasingly detailed affidavits, Conley
told detectives that Frank had killed Mary, then
enlisted him to dispose of the body and take down the
murder notes. According to Conley, he had written
the notes at Frank's dictation as part of an effort to
point a finger elsewhere. Though skeptics countered
that Conley concocted the affidavits to save himself,
they were ignored. (Conley had himself been arrested
in connection with the Phagan case after being
caught washing what appeared to be bloodstains
from a shirt.)
The trial of Leo Frank took place in a cramped,
temporary courtroom across the street from the site
where Atlanta's present-day courthouse was then
rising. Interest was so avid that the hundreds who
could not get in stood atop construction sheds
offering a view through the windows.
Representing the state was the Fulton County
Solicitor General Hugh Dorsey, a shrewd but
embattled prosecutor with a poor conviction record.
Representing Frank were Atlanta's premier defense
lawyers, Luther Rosser and Reuben Arnold. Sitting
with the bespectacled defendant were his 25-year-old
wife and his mother.
At the start of the trial's second week, Jim Conley, the
state's star witness, began his testimony by claiming
that since the fall of 1912, he had regularly stood
guard at the pencil factory so that Frank could "chat"
with young girls in private. This suggested both a
pattern of salacious behavior and a reason the
accused would have entrusted Conley to perform a
sensitive task. Dorsey asked the janitor to describe
what he had seen on the day of the murder when
Frank called him to his office. R EPLIED Conley: "Mr.
Frank was standing up there at the top of the steps
and shivering and trembling and rubbing his hands
like this. He had a little rope in his hands -- a long
wide piece of cord . . . He asked me, 'Did you see that
little girl who passed here just a while ago?' and I told
him . . . she hasn't come back down, and he says, 'I
wanted to be with the little girl, and she refused me,
and I struck her and I guess I struck her too hard and
she fell and hit her head against something.' "
Throughout two subsequent days of
cross-examination, Luther Rosser failed to get Conley
to do much more than confess to a bad memory
regarding dates.
At the trial's final sessions, respected members of the
Jewish community in Atlanta affirmed Frank's good
reputation. The tack was risky. By introducing the
issue of character, the defense allowed the state to
summon witnesses to testify to his bad reputation,
and Dorsey took advantage of the opportunity,
calling former factory employees, all female, none
with anything positive to say about the accused.
When the defense put Frank on the stand, he made, as
was once common in capital cases, an unsworn
statement in his own behalf, concluding: "The
statement of the negro Conley is a tissue of lies from
first to last. I know nothing whatever of the cause of
the death of Mary Phagan and Conley's statement as
to his coming up and helping me dispose of the body,
or that I had anything to do with her or to do with
him that day is a monstrous lie."
By the time the trial reached its closing arguments,
the mood in Atlanta was tense and hostile to the
defendant. Rosser and Arnold acceded to a request
from the judge, Leonard Roan, that neither they nor
their client be in the courtroom when the verdict was
read. Should Frank be acquitted, it was feared they
would face physical danger. The precautions were
unnecessary.
After just four hours of deliberation, the jury
convicted Frank, provoking celebrations throughout
the city. The next day, Judge Roan sentenced him to
death.
The campaign to overturn the conviction began
almost immediately and, not surprisingly, involved an
effort to influence public opinion. Frank's friend
David Marx, the rabbi at the reform synagogue in
Atlanta, visited New York and met with Jewish
leaders to tell them that it was his belief that Frank
was a victim of anti-Semitism. He recruited, among
others, Louis Marshall, the president of the American
Jewish Committee; Julius Rosenwald, the chairman of
Sears & Roebuck; Albert Lasker, the Chicago
advertising magnate, and Adolph S. Ochs, the
publisher of The New York Times. The goal: to
publicize and finance the effort to exonerate Frank.
The initial test for the supporters came in the spring
of 1914. The condemned man had hopes for a
just-filed extraordinary motion for a new trial
predicated on fresh evidence dug up by William
Burns, a celebrated detective the defense could
suddenly afford.
Burns and his men had reinvestigated the murder,
producing seemingly persuasive results. Not only did
they get several prosecution witnesses to sign
affidavits stating that their testimony had been
coerced, but they located a crucial cache of obscene
letters that Jim Conley had written to a jailhouse love.
What interested Frank's defenders was the fact that
the same linguistic tics appeared in these letters as in
the notes found next to Mary Phagan's body. The
inference seemed plain: Conley had composed and
written the notes and was the killer.
Y ET Burns's findings were tainted by his conduct.
Debouching grandly from Atlanta's best hotel each
morning to issue reports to the press denouncing the
city's police as incompetent, he appeared to be
flaunting the wealth that was behind the defense.
Still, he might have got away with such behavior had
he not stumbled at the hearing on the extraordinary
motion. First, one of the witnesses he had promised to
produce backed out, charging that the detective had
bribed him to change his story. Then, Burns confessed
ignorance to parts of the trial transcript. The judge
denied the motion.
Around this time, a new and, for Frank, fatal figure
appeared: Tom Watson, a populist firebrand and
former Congressman from Georgia's rural 10th
district. On March 19, 1914, in the pages of his weekly
newspaper, The Jeffersonian, Watson published an
editorial with the headline: "The Frank Case: When
and Where Shall Rich Criminals Be Tried?" In the text,
he posed two questions that in varying forms he
would ask repeatedly in the days ahead: "Does a Jew
expect extraordinary favors and immunities because
of his race?" And, "Who is paying for all of this?"
Watson would subsequently go further in his
publication, writing of Frank: "Here we have the
typical young libertine Jew who is dreaded and
detested by the city authorities of the North for the
very reason that Jews of this type have utter contempt
for law, and a ravenous appetite for the forbidden
fruit -- a lustful eagerness enhanced by the racial
novelty of the girl of the uncircumcised." For roughly
a year, Watson bombarded Georgians with such
sentiments. The Jeffersonian's circulation increased
from 25,000 to 87,000.
In December 1914, the United States Supreme Court
agreed to hear the case on the grounds that Frank
had not been in the courtroom when the jury's verdict
was received. But on April 19, 1915, the argument
was rejected by a vote of 7 to 2, Justices Oliver
Wendell Holmes and Charles Evans Hughes famously
dissenting. Wrote Holmes: "Mob law does not become
due process of law by securing the assent of a
terrorized jury."
The Supreme Court's decision left Frank with one
recourse: to seek executive clemency from Georgia's
governor, John Slaton, who was nearing the end of
his term. In 1913, however, Slaton and Luther Rosser,
Frank's lead counsel, had become partners -- a fact
that appeared to Frank's accusers to jeopardize
Slaton's neutrality.
On June 20, 1915, after reviewing the case, Slaton
commuted Frank's sentence to life in prison. Soon
after, he told a luncheon audience: "Two thousand
years ago, another governor washed his hands of a
case and turned over a Jew to a mob . . . If today
another Jew were lying in his grave because I had
failed to do my duty, I would all through life find his
blood on my hands."
Tom Watson did not view Slaton's decision so
charitably. In the first issue of The Jeffersonian after
Frank's sentence was commuted, he wrote: "At last,
one partner got before the other -- Rosser before
Slaton -- and one partner gave what the other partner
wanted . . . Hereafter, let no man reproach the South
with Lynch law: let him remember the unendurable
provocation; and let him say whether Lynch law is not
better than no law at all."
Within two months, Frank was dead. S EVENTY years
later, Alonzo Mann, the onetime office boy, came
forward. Now an old man, he offered testimony that
seemed to implicate Jim Conley in Mary Phagan's
murder. Mann's assertion prompted the State of
Georgia to posthumously pardon the lynched man.
The decision, however, amounted to little more than
an apology by the state for failing to keep Frank out
of the hands of his abductors; Georgia never ruled on
his guilt or innocence. And so, the case ended.
The tale, though, refuses to die. Stories like this endure not because of what they tell but because of what they ask.