220 Page – American State Trials 1918 Volume X Leo Frank Document

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188 X. AMERICAN STATE TRIALS.

The crowd once again manifested their resentment towards the prisoner; they applauded the state counsel more than once, and the crowd in the streets cheered the prosecuting attorneys as they entered and left the courthouse. When the jury was ready to deliver the verdict, the judge requested that both the prisoner and his counsel be absent from the courtroom when the verdict was rendered, in order to avoid any possible demonstration in the event of an acquittal.

The jury returned a verdict of guilty, which was received with cheers by the waiting crowd in the streets. They carried the prosecuting attorney, when he left the courthouse, to his office on their shoulders. The next day, Frank was sentenced to be hanged. Then began a long fight in the courts, from the trial court to the Supreme Court of the State and finally to the Supreme Court of the United States. But every court he appealed to refused to disturb the verdict of the jury. So did the State Board of Pardons. The Governor, however, after a long and careful study of the evidence, came to the conclusion that there was a reasonable doubt of his guilt, and commuted his sentence to imprisonment for life.

After he was taken to prison, he was attacked by a fellow convict who stabbed him in the neck, the wound being almost fatal. He had barely recovered from this when, on the night of August 16, 1915, a number of men broke into the prison, overpowered the guards, and carried him in an automobile a distance of 125 miles to Marietta, where little Mary Phagan was buried. There, in the early morning, they hanged him to a tree.

THE TRIAL

In the Superior Court of Fulton County, Atlanta, Georgia, July 1913.
Hon. Leonard S. Roan, Judge. July 28.

Leo M. Frank, having on May 24, 1913, been indicted by the grand jury of the County for the murder of Mary Phagan.

**Bibliography:** "In the Supreme Court of Georgia, Fall Term, 1913. Leo M. Frank, Plaintiff in Error, vs. State of Georgia, Defendant in Error."

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