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This Day in Georgia History

August 02, 1913

Leo Frank Trial Day 6

To view an image of Leo Frank at his trial, see the Digital Library of Georgia.

The sixth day of the trial of Leo Frank almost ended in a mistrial as Judge L.S. Roan inadvertently held up a newspaper with a lurid headline printed in red that the jury could see. Frank’s attorney immediately objected and discussed calling for a mistrial, but he agreed to continue after Judge Roan instructed the jury to disregard anything they may had seen in the newspaper. A few minor witnesses were then called. Dr. J.W. Hurt, county physician who had also examined Mary Phagan’s body, testified that although there was some evidence suggesting she may have been “outraged” (sexually assaulted), the evidence was not conclusive. Another factory employee and friend of Mary Phagan, Helen Ferguson, testified she had gone to the factory Friday night to get Mary’s pay envelope, but Leo Frank had told her Mary would pick it up herself on Saturday.