Chapter Four - The Case For The Prosecution - The Murder Of Little Mary Phagan, 1989 - Read By Vanessa Neubauer in 2015

This is the fourth installment in a 13-part series of audiobooks from the "The Murder of Little Mary Phagan" book by Mary Phagan-Kean. In the summer of 1913, the Honorable Leonard Strickland Roan convened the Leo Frank case in the temporary Atlanta Courtroom. The 250 seats in the courtroom were packed with people, and Judge Roan, an experienced jurist, was determined to observe strict decorum inside his courtroom. The twelve jurors, all white men and Atlanta residents, were chosen and lodged at the old Kimball house.Show more

The chief prosecutor, Solicitor General Hugh A. Dorsey, was handsome and forceful, and he was assisted by Frank Arthur Hooper, a successful corporate attorney who had volunteered his services, and Edward A. Stevens, Assistant solicitor general. Leo Frank was defended by Atlanta's two well-known trial lawyers, Luther Z. Rosser, and Ruben Arnold, "best known attorney in Georgia" and "one of the ablest criminal lawyers in the south."

In his opening argument for the prosecution, Special Assistant Solicitor Hooper described the state's case against Frank. According to his outline, Mary Phagan had died as a result of a premeditated rape by the defendant Leo Frank. It was alleged that Frank had seduced and taken liberties with other young factory girls and had made unsuccessful advances to Mary Phagan. Several surviving family members have said that Frank harassed Mary Phagan and that she went home and told her mother.

Several former National Pencil Company employees who were still living but wish that their names not be disclosed, had also alleged that they heard Frank sexually harass Mary Phagan. According to the state, Frank expected Mary Fagan to come to the factory on the Saturday she died because a fellow employee had asked Frank for Mary's pay envelope earlier and he refused to give it to her. The state contended that Jim Conley had previously acted as a lookout for Frank so Frank's immoral activities would not be discovered, and Frank had told Conley to work on April 26.

Assistant Solicitor Hooper sketched in the state's contention that Frank was alone in the office, giving Mary Phagan her pay envelope, whereupon she asked him if the metal for her work had come, saying he didn't know. Frank followed Mary to the metal room and made sexual overtures to her. She repulsed him and he knocked her down, and while she was unconscious, raped her.

Frank then strangled her. He went up to the fourth floor to get the workers out of the building and called Conley, confessing that he guessed he had struck her too hard. With Conley, Frank dragged the body to the basement and made plans for Conley to burn it. Later, he gave Conley $2.50 and $200, but later had Conley return the money, promising he would give it back to Conley after Conley disposed of the body.

Monteen Stover, who Hooper claimed would contradict Frank's contention that he had been in his office continuously from 12:00 p.m., singled out the expected testimony of the young female employee.

Testimony began that Monday afternoon as Mrs. J.W. Coleman, Fanny Fagan Coleman, the mother of Little Mary Fagan, testified. She described her daughter and the clothing she was wearing, and a court officer drew forth a suitcase hidden behind several chairs. Everyone, the lawyers, the audience, and the jury waited as the torn clothing and shoes were placed close to Mary's mother for her identification.

At that time, few women attended a court trial, except for those related either to the victim or the defendant. Fannie Phagan Coleman said, "I would rather not talk about it. I don't want to express an opinion." This profession of silence caused the rest of the Phagan family not to speak of the trial for the next 70 years.
Continue on listening to the audiobook to find out more details about why the State of Georgia had a solid case against Leo Frank backed by significant evidence against him.

Seeking Justice for Little Mary Phagan
https://www.LittleMaryPhagan.com

Please purchase the book, 'The Murder of Little Mary Phagan by Mary Frances Phagan Kean' to learn more about the Leo Frank case.