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And lynched. This episode is from twenty eleven and it was recorded by previous hosts, Sarah and Billina and as they discuss its covered then simply in a lot of Georgia classrooms, but often not much in other parts of the United States and the world. So now we will handed over to Sarah and Deblina for the trial of LEO Frank, welcomed, stuff you missed in history, tat supports them. Cologne welcomes in podcast I'm going to talk of boarding and I'm thirty and story where to tell happened in Atlanta actually kind of in our own backyards, but we don't feel too self conscious, about telling it because this topic has been requested many times by listeners and that's not surprising. The LEO Frank trial has been called quote, one of the most shocking frame up ever

perpetuated by american law and order, officials and the story involves it- jewish man named LEO Frank, being convicted. Many think wrongly convey dead for the murder of a young girl named Mary Fagin and a group of men. Taking the law into their own hands and trying to make sure that basically, he paid the ultimate price for this. But there was much more to the story than just these acts and who is guilty IE or not guilty. This was a situation about industrialism and the injustices associated with it relations, North south tension. So a lot of things. So it's no wonder caught the attention and kind of the emotions of the entire nation, but it still a mystery to in a way to this day, people still wonder what really happened to marry Fagin, so we're gonna take a look at the crime. The evidence, the trial that ensued, but first we're gonna,

talk a little bit about the man that ended up at the centre of all this controversy. Leo Frank, LEO Max Frank, was born in Paris, Texas in eighteen, eighty or but his family moved to Brooklyn New York when he was a very small and he grew up there. He went to public school the Pratt Institute and since he was very mechanically minded. He got an engineering degree from Cornell University. Now he worked for a brief time with a few different companies, but Surely he joined the family business? He went to work for his uncle Moses Frank, who was the principle or of the national Pencil company and that company had a fact Green, Atlanta and and in nineteen o seven Frank was made co owner and superintendent of that location of that factory and moved down south Through a nineteen time he married a native Atlanta, Lucille feel who came from a prominent jewish family and by nineteen thirteen.

Ben honoured by the local jewish community as one of its most promising young business man. So he looked like he had a great future ahead of him, lemon juice. Jewish community wasn't as big as New York's, of course, but it was still fairly significant, significant enough that Frank precedent, field isolated he pride and worry that much about racism he spent most of his time, working so He seemed to be leading fairly successful, definitely peaceful life, yes, but all of that changed April. Twenty. Sixth nineteen, thirteen That's when Mary Fagin, who was this striking leave, The full blonde. Thirteen old girl from Marietta Georgia. So, just outside the city she stopped by the factory her pay on the way to a Confederate Memorial Day parade in around this time. The state's economy was really undergoing a kind of change. It was going from a more agrarian economy to more of an industrial economy, so francs factory

like many others, employed women and children to perform light labour tasks because they could be paid, leave wages than men, so we're talking like five or six dollars a week is what they were taking home. Third save the factor of the Mai. And Mary was, of course one of these workers and she was even making less than that at the time because she was part of a temporary lay off, though she had only worked one day for entire week and with picking up a dollar twenty, though she stopped by francs office that Saturday and according to his story, she got her money. He paid the bill and she laughed and she was never seen alive. Again around three, a m. The next day, the night Watchman New Lee was on his way to the Negro toilet, with located in the factory basement and that's where he found the body of a girl near bottom of an elevator shaft, and she was so completely covered in sawdust and grime that at first it was hard to even tell if she was white or black. Her skull was denting

dates and blood. Her eyes were Bruce. In her cheeks were cut and accord was wrapped around her neck. So this point Lee calls the police he's afraid they'll suspect him and they come in to inspect the scene and with the help of another worker they identify the body as Mary Fagin there, steadily right away, so his worries were correct and, incidentally, he was held without charges for months after that. But then the police went to get frank. They wanted to take we want to see the body and quest in him at the site and it was an experienced. The Frank did not handle smoothly We'll see later, he was disturbed by the side of the body and he seemed really nervous to them, so that was kind of the beginning of his problems. They questioned him for it long time and then formally arrested on April twenty ninth nineteen thirteen but thinks we're moving along it. Quite a clip with this investigation, because police were under a lot of pressure to find and convict a killer and there had been a series of,

solve murders in Atlanta during the previous year and a half though the city was really frustrated, frustrated with the police. And they wanted Justice and Mary Fagin ended up I'm a kind of thimble for them. Initial reports even said that she had been raped, that made people. And more outrage. So officials moved quickly to assemble whatever clues, they could. That would prove Frank skilled, and this is what they came up with at first, they thought well, he was really nervous the day after the murder, and that seems suspicious. They We were also suspicious by the fact that he had called Lee several times that night see if there was any trouble, and that was something that he normally did not do and then. Finally, the fact several employees came forward and said that Frank quote: indulge in familiarity with the woman in his employ and a woman who ran a boarding house even claim that Frank had called her the day of the murder trying to achieve your room for himself and a young girl. So this is what police work.

Initially acting on on that last point, in particular many of the whip, says, including the boarding house Proprietress. They later we and their accusation, but these same accusations helped you Dorsey, who was a prosecutor with pretty big political ambitions to build a case around Frank as this jewish man who is preying on gentile girls for his own pleasure for weeks later a grand jury use. This information to indict Franklin. There were some more clues that came includes. Let's see him a little more promising than the ones we already went over real clues, that theme be all but ignored. Ultimately, there were these two strange notes that were scribbled on scraps of yellow paper found near the body and the kind of tricky to read here but of them said man that negro higher down here did this I went to make water and he pushed me down that whole along too

negro, black that who it was long slim tall negro. I write while play with me and the other note, also written in this kind of difficult All his style said he said he would love me land dab and play like the night, which did it, but that long tall black negro did by his cell. So these, unusual notes found near the body seem like a major major new clue: yeah obviously there confusing because they contain some bad spelling things like that and our hard to read a Sarah said, but there also contradictory, aiming the first one sort of seems too and if I, the murderer and the second kind of suggests that writer was saying he was trying to throw suspicion elsewhere. So it was very confusing. That's LISA

and it seems like it should have been pursued this episode of stuff. You missed in history glasses, brought to you by Norton three sixty with lifelong. Let's just say your shopping online with yours

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Norton, dot, com, slash history, that's Norton, DOT, com, slash history for twenty five percent off the next piece of evidence was also found near the body at the bottom of the elevator shaft. It was human excrement and where I get into that, a little more later, as there are a few other clues involving that bad, though likely owner of said. Human excrement was about janitor named Jim calmly and he had been seen washing blood out of a shirt at the factory after them, murder, are so low. That sounds like there is a whole mother potential fast, backed involved here. Yes, in fact, there was another Spect calmly was working at the factory the day of the murder and even admitted to have written, two notes when police arrested and questioned him on the matter, but he claimed that Frank had dictated

notes to I'm sorrowing a ranch in this whole thing right according to Leonard Dinner, Stein in American Heritage, the grandeur, We wanted to reconvene and actually charge Connally instead, but perhaps because of these political operations of Dore Seas and he actually became boat governor later. We should throw that in actual fact, they did pay off that he wouldn't aloud ass. He wouldn't allow them to reconsider this, we're not really sure how he talks them out of it. But Deniston suggests that quote. Given southern values. They may have assumed that no attorney would basis case on the word of a black man unless the evidence was overwhelming. So basically, the grand jury just spelt persuaded by Dorothys dedication in this case he was just so sure that Leah Frank was guilty that he was willing to believe even Jim COM. But regardless of how he did it, Dorsey did win out and the trial started July, 28th, one thousand nine hundred and thirteen in Atlanta, a large angry mob, showed up in attendance and they were shouting things like

the Jew and they weren't. You saying that, outside the doors of the court house, they were saying things like that in the courtroom. Sir, yet was intimidating atmosphere to be in, and we have to wonder how, in this environment they could have chosen an unbiased jury. I mean they did choose a jury or how an unbiased juror would remain unbiased. True I mean they were so attentions going on in this scenario. At the time there were class tensions, it was working class, verses of factory owner race. You know there was anti Amateurs I'm going on north versus south since Frank, was technically a Yankee and that rubbed people the wrong way, so things seem to be working, endorses favour almost and he presented his case. He propose that Frank killed fake in a work outside his office on the second floor and that the body was to an elevator and taken to the basement, his argument included witness testimony that there were blue

spots on the floor there and hair on a less, but it didn't really makes sense. There were a lot of holes in this approach just an example of a few things. For example, state biologist had concluded that the head, that was found on that lathe wasn't actually Fagin witnesses also said that those blood spots found on the floor could have actually been paint and comment that Sarah mentioned earlier would have had to have been mashed. When the elevator went down, I mean every time the elevator went down it completely homeless, everything at the bottom right, but apparently it wasn't after the body was discovered that that actually occurred, that the excrement was smashed DNA smelled fat, telltale smell? How very calmly had said that he'd deposited said excrement there before the murder, so it did not up, but the prosecutions case really. Revolved around connollys. Testimony almost entirely interesting,

play doubt he had changed his story several times before the trial he had even signed for different affidavits, but once he got in there once he got up on the stand and he stuck to his account. He didn't waver, it's very likely that he was coach to to give this strong story in front of the court, but he claimed that Frank summons him his office that day and here's what he had to say. His eyes were large and they looked right funny and then confessed. Crime and calmly said that Frank offered, but never gave him money to dispose of the body and ass calmly. If he could write and one's colleagues that he could Frank dictated the murder

so frank, meanwhile had too well known attorneys acting in his defence Luther, the raw sir and Reuben are Arnold and most feel that what really hurt their defences that they weren't able to make a dent in congolese testimony. He just they couldn't shake him. He just completely stuck to that story, even though he had changed it quite a bit before getting into court and even though Frank had strong character witnesses to and an alibi people to account for his whereabouts. Before, during and after the murder. The jury still found him Tiana on September, twenty six nineteen thirteen and they only took later less than four hours actually to deliberate. What had been the longest trials in Georgia history, so essentially their minds were,

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K, a our aid dot com, slash history, to get twenty percent off your first order. That's sick, Cora, DOT, com, slash history, Frank, was sentenced to be executed on October tenth of that year, but the execution was stayed by several ultimately unsuccessful appeals on the part of his lawyers. So they made a couple of appeals to the Georgia Supreme Court. One upheld the conviction on February 17th, one thousand nine hundred and fourteen and another one's at the same on October 14th, one thousand nine hundred and fourteen his defense is then made a habeas corpus petition to the U S Supreme Court, but the court ended up denying that petition, despite the fact that their work strong descends to it I mean justices, Oliver Wendell HOMES and Charles Evans among them. So there were some people who who were in favour of that

sure, and while all this legal stuff was going on, there were some kind of crazy developments, including witnesses, taking back accusations we mentioned earlier. The accusations about francs alleged sexual deviations and also congolese girlfriend came into the Sure she came into the picture and gave some testimony about companies own sexual perversion, so to speak, and COM his own lawyer, told judge round who had been the trial judge that calmly had confessed the murder to him so that things like a pretty damning new piece of evidence, I would say if there is an actual confession, but it actually come to light during the appeals process. So it I should mention that it didn't really make a their in his appeal. He would have had to get a retrial or something for that to happen a fact, but the last, if it appealed a final appeal made to Governor John M flatten. His term was almost up by this point and he listened to both sides. He studied the records he

visited the sea in any also considered these new things that we we ve mentioned and after struggling with it for twelve days, and it wasn't gonna, take him for hours twelve days of of king it over flattened, commuted, Frank, sentenced to life imprisonment on June, twenty first nineteen fifteen and He he knew how we have serious. That decision was, he told his wife. It may mean my death or worse, but I've ordered the sentence commuted and, as he suspected it was a very unpopular decision. There were demonstrations about it. There were vandalism took place against jewish huh, in stores around the city and Frank had been moved already by this point. To a prison Milon Bell, which was supposedly more secure, except that after flattens reversal of the decision it it didn't the cure, Ah, no, while he was there an inmate, TAT francs throat and they were able to say

but while he was recovering on August, sixteen nineteen fifteen, a group of twenty five vigilant, he's from Marietta drove out to the prison, overpowered the guards and took frank with them back to me yet at which was a pretty long drive. So they took him back to where Harry Fagin was from they're a Lynch MOB watched as they hung him from an oak tree, and all this time during the drive back and before they hung him, they truly tried to get him to confess, but he never did. He just asked for his wedding ring to be sent to his wife, though after the Jane locals, knew the identity of the men involved, but they were never prosecuted and them it didn't even sort of used it as a rallying cry as a point of pride, they call themselves the Knights of Mary Fagin and the girl name, just alone became a rallying cry. For the resurgence of the cook looks clan in the area. It was something that that people,

still dwelt on, even even a few years after a few years after, and some people still debate about this up until today I mean- the debate over whether Frank was actually guilty or innocent many story and seem to believe in his innocence. And frankly I mean, if you look at a lot of sources for material about this case. They seem only in that way that he was wrongly accused and ninety made to an old black man named Alonzo Man who worked at francs factory as a child, came forward and said that he'd seen calmly drag Mary Fagin Corpse to the basement, but he kept silent about it because calmly, at the time, had threatened to kill him and I think he even went to his mom and told her what had happened and she was like don't get involved. So this didn't come to light until the eighties on me, the eleventh Nineteen, eighty six, the Georgia State Board of Pardon and Paroles posthumously pardoned Frank, but as dinner stones, peace

wins out. This doesn't exactly exonerate him for the crime. It was granted quote in recognition of the states, failure to protect the person of LEO Frank and thereby preserve opportunity of continued legal appeal of his conviction and in recognition of the states, failure to bring his killers to justice and as an effort to heal old wounds. So it was basically to give him back his civil rights in a sense, and I thought it was interesting to talk about this case, because I mean it is so often suggested to us. I get a lot of people. Do you know about it? That, for a podcast has called stuff missed in history class, with something that I have had in almost every history class. I mean from Georgia, history and middle school to high school. U S, history too, to college! It's really heavily taught here in Georgia and see, and I had learned anything about it- growing up- oh in another state. So maybe it is something that

Georgia. Georgians are especially concerned with with studying and make sure we don't forget this. Certainly this crime against somebody's civil Everett. Thank you so much for joining us where the Saturday Classic cuz this is out of the Ark if you heard an email, address her face, but U R, L or something similar during the course of the so that may be obsolete now. So here is our current contact information rewrite history, podcast at how stuff works, DOT Tk. And then we're at missed in the history. All over social media tat is our name on Facebook, Twitter, Tumblr, Pinterest and Instagram. Thanks again for listening more on this and thousands of other topics visit how stuff works, dot com,

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