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"The Case of Mary Phagan, 'A Story About the Story of a Murder'

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"THE CASE OF MARY PHAGAN, 'A STORY ABOUT THE STORY OF A MURDER': CONSTRUCTING A CRIME" Regan V. Shelton Thesis submitted to the Faculty of the Virginia Polytechnic Institute and State University in partial fulfillment of the requirements for the degree of Master of Arts in History Dr. Kathleen Jones, Chair Dr. Beverly Bunch-Lyons Dr. Larry Schumsky December 13, 1999 Blacksburg, Virginia Keywords: Mary Phagan, Jim Conley, Leo Frank, homicide, gender and crime Copyright 1999, Regan Shelton "The Case of Mary Phagan, 'A Story About the Story of a Murder': Constructing a Crime" Regan V. Shelton (ABSTRACT) On April 27, 1913, the body of thirteen-year-old Mary Phagan was discovered in the basement of her workplace in Atlanta, Georgia. Over the course of the following two years, her employer, Leo Frank, would be tried and convicted for her murder. Another employee, Jim Conley, a black janitor originally implicated in the crime, provided the evidence used to convict Frank. In my thesis, I explain the multiple identities created to describe the victim and her accused murderer(s). Press reports, trial records, and secondary historical accounts of the crime all reveal a fascination with the young female victim and a desire to solve the mystery of her death. By examining personal identity as a cultural construction, I re-evaluate the manner in which we define and describe crime. Phagan's murder became a cautionary tale, a narrative of sexual danger within the model city of the New South. My thesis illustrates the importance of understanding murder as an event occurring within and shaped by a social context. The murder of Mary Phagan and the Frank case demonstrate how we ascribe meaning to tragic events and how variables such as race, class, gender, and age affect the outcome of criminal procedures. 7DEOHRI&RQWHQWV ACKNOWLEDGEMENTS......................................................................................................................................IV INTRODUCTION....................................................................................................................................................... 1 HISTORIOGRAPHY.................................................................................................................................................... 3 THE PURPOSE OF THIS STUDY................................................................................................................................. 8 PROLOGUE: SYNOPSIS OF THE CASE............................................................................................................. 13 THE INVESTIGATION.............................................................................................................................................. 14 THE INQUEST ......................................................................................................................................................... 16 PRESS COVERAGE .................................................................................................................................................. 16 THE TRIAL.............................................................................................................................................................. 19 THE AFTERMATH................................................................................................................................................... 20 CHAPTER 1: LITTLE MARY PHAGAN: IMAGING THE VICTIM............................................................... 24 A BRIEF LIFE... ...................................................................................................................................................... 26 CONSTRUCTING A CRIME ...................................................................................................................................... 29 PROBLEMATIC SEXUALITY.................................................................................................................................... 34 THE BODY ON TRIAL ............................................................................................................................................. 38 THE GIRL ON THE PEDESTAL ................................................................................................................................41 MARY CLAY: A SOUTHERN LOLITA ..................................................................................................................... 46 CHAPTER 2: JIM CONLEY: THE OBVIOUS SUSPECT.................................................................................. 51 DEFINING RACE WITHIN A HISTORICAL CONTEXT ............................................................................................. 53 A TROUBLED LIFE... .............................................................................................................................................. 58 SETTING THE SCENE .............................................................................................................................................. 60 RACE AND SEXUALITY ........................................................................................................................................... 65 CRIMINALITY ......................................................................................................................................................... 68 CREDIBILITY............................................................................................................................................................ 71 JIM CONLEY AND LEO FRANK: IS THE JEW A BLACK MAN?............................................................................... 74 ASSIGNING BLAME................................................................................................................................................. 76 TUMP REDWINE ..................................................................................................................................................... 77 CHAPTER 3: LEO FRANK: "A VICTIM WORTHY TO PAY FOR THE CRIME"...................................... 81 A COMFORTABLE LIFE.......................................................................................................................................... 83 CONSTRUCTING THE CRIME: THE SILENT MAN IN THE TOWER ......................................................................... 86 A MATTER OF CHARACTER................................................................................................................................... 90 CLASS, GENDER, AND CRIMINAL JUSTICE............................................................................................................ 93 THE IMPORTANCE OF THE COLOR LINE: RACE AND WHITENESS....................................................................... 97 LEO FRANK V. THE MOB: LYNCHING AND ITS AFTERMATH ............................................................................. 101 CONCLUSION: CONSTRUCTING CRIME ...................................................................................................... 105 BIBLIOGRAPHY ................................................................................................................................................... 109 PRIMARY SOURCES .............................................................................................................................................. 109 SECONDARY SOURCES ......................................................................................................................................... 110 Acknowledgements I would like to take this opportunity to thank the numerous people who provided me with encouragement and support in writing this thesis. My committee members Dr. Kathleen Jones, Dr. Beverly Bunch-Lyons, and Dr. Larry Shumsky patiently awaited my thesis installments and offered valuable commentary and suggestions to improve my work. I am particularly grateful to Dr. Jones for teaching me how to examine history and my own writing critically. I also appreciate her enthusiasm and support for my ghoulish fascination with the stories we create to explain death. I also owe thanks to Dr. Linda Killen for inspiring me to continue my education in history, to Dr. Nancy Bercaw at the University of Mississippi for introducing me to the world of narrative, and to Dr. Steve Soper for respecting my continued fascination with the work of Judith Walkowitz. Many thanks to the staff at Virginia Tech's Interlibrary Loan Office. Their work enabled me to conduct much of my research in Blacksburg. When I did venture beyond home, the staff at the Atlanta History Center and Emory University Special Collections made my research trips especially rewarding. I would also like to recognize my family for their unfailing support. To my uncle, Raymond Rice, - yes, it's finally done now! (I think.) My grandmother Virginia helps me to keep my life in perspective. I am grateful for her love and I value the sweetness of her spirit. And finally, I want to thank my mother, Martha Rice-Shelton, for her unwavering patience, her editorial comments, and her late-night pep talks. I could not have completed my project without her help, nor would I have wanted to. LY Introduction "Murder prowls the confines of the law, on one side or the other, above or below it; it frequents power, sometimes against and sometimes with it. The narrative of murder settles into this dangerous area; it provides the communication between interdict and subjection,
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