Grand Jury Indictment of Leo M. Frank, Saturday May 24, 1913, in the Superior Court of Atlanta, GA

Judge W. D. Ellis of the Superior Court on Monday, May 5, 1913, ordered the May grand jury to investigate the Mary Phagan Murder Mystery

Grand Jury: A Decisive Moment in the Case of Mary Phagan

On Saturday, May 24, 1913, the day the grand jury of twenty-three men were to vote after an exhaustive review of testimony and evidence concerning the Mary Phagan murder investigation presented to them after the decision against Leo Frank the coroner’s inquest rendered at 6:30 p.m., on Thursday, May 8, 1913 through to Saturday, May 24, 1913. However, two grand jurors were not present on the day of the vote–one a Jewish member went on a trip to New York City and M. Beutell, a Gentile, had an important event he was unable to miss. As these two men were out of town, they were not permitted to vote by absentee ballots. This, therefore, reduced the grand jury from twenty-three to twenty-one voting men. The importance of this reduction was that only a majority of eleven signature votes were necessary to indict, instead of the former twelve, in this nail-biting moment for the police and prosecution, who had spent a month building their case.

Even though Leo Frank was a businessman partly responsible for hiring more than a hundred people and most of the grand jurors were also businessmen, they were not sympathetic in their voting, primarily because the evidence was overwhelmingly strong against Leo Frank. With twenty-one men remaining, some close observers may have wondered if the vote was straddling the fence in either direction — to indict or not indict — and questioned whether the majority of eleven out of twenty-one would come forward and provide signatory votes necessary for an indictment or not.

Was the Leo Frank Grand Jury Vote a Close Call?

In a result that set another powerful tone for the future of the Frank-Phagan case — just as the coroner’s inquest jury vote had done — the grand jury voted unanimously, signing twenty-one to zero in favor of indicting Leo M. Frank for the murder of Mary Phagan. With four Jews voting unanimously with seventeen other Gentile men to indict Frank, it puts serious doubts about the veracity of the Jewish community’s historical and contemporary anti-Gentile race-baiting claims over the last one hundred years that Leo Frank went to trial because he was Jewish–an innocent Jew railroaded and framed collectively by racist Southerners who are innately anti-Jewish and that the whole Leo Frank affair was a widespread anti-Semitic conspiracy.

Countering the racist anti-Gentile Jewish position of the case, Southerners and European-Americans at large are wondering why Frank supporters must resort to making false smears against them for the last one hundred years, when the evidence against Leo Frank was strong during the Phagan murder investigation and every level of the U.S. legal system sided with the trial jury that they were not mob terrorized and Leo Frank had a fair trial.

The Indictment of Leo Frank

The indictment read as follows:

In the name and behalf of the citizens of Georgia, charge and accuse Leo M. Frank, of the [Fulton] County and State [of Georgia] aforesaid, with the offense of Murder, for that the said Leo M. Frank in the County aforesaid on the 26th day of April in the year of our Lord nineteen hundred and thirteen, with force and arms did unlawfully and with malice aforethought kill and murder one Mary Phagan by then and there choking her, the said Mary Phagan, with a cord place around her neck contrary to the laws of said State, the good order, peace and dignity thereof.

The Frankites and Jewish Domestic Extremists: Racist Anti-Black Conspiracy

Frankites, like Steve Oney, Dinnerstein, and other Jewish racial supremacists, would make the outlandish claim the entire question of Leo Frank’s guilt can be reduced to the word of Jim Conley vs. the word of Leo Frank. However, the unanimous indictment of Leo Frank for the murder of Mary Phagan had absolutely nothing to do with Jim Conley, because Conley was not present at all during the grand jury. Frank’s indictment was the result of compelling evidence (without Jim Conley) being presented to the grand jurymen.

The following twenty-one grand jurymen, of which four were Jews, unanimously signed the bill of indictment against Leo Frank (Atlanta Journal, May 1913; Leo Frank Georgia Supreme Court records, Bill of Indictment, 1913; Atlanta Publishing Company, The Frank Case, 1913; and Phagan Kean, 1987).

The Twenty-One Members of the Grand Jury Unanimously Voting to Indict Leo Frank

1. J. H. Beck, Foreman,

2. A. D. Adair, Sr.,

3. F. P. H. Akers,

4. B. F. Bell,

5. J. G. Bell,

6. Col. Benjamin,

7. Wm. E. Besser,

8. C. M. Brown,

9. C. A. Cowles,

10. Walker Danson,

11. G. A. Gershon,

12. S. C. Glass,

13. A. L. Guthman,

14. Chas. Heinz,

15. H.G. Hubbard,

16. R. R. Nash,

17. W. L. Percy,

18. R. A. Redding,

19. R. F. Sams,

20. John D. Wing,

21. Albert Boylston.

After the twenty-one grand jurymen unanimously signed the murder indictment of Leo M. Frank, he would be scheduled to be put on trial before a cohort of thirteen men–a judge and a petite jury of twelve men–to decide his ultimate fate.


Next: Leo Frank Trial Admission Equaling Murder Confession


Phagan-Kean, Mary. The Murder of Little Mary Phagan. Far Hills, NJ: New Horizon Press, 1989.

The Frank Case: Inside Story of Georgia’s Greatest Murder Mystery. Atlanta, GA: Atlanta Publishing Company, 1913.

Grand Jury Indictment of Leo Frank, Saturday, May 24, 1913.

Atlanta Journal, May 1913.

Last updated: May 24, 2013