The Leo Frank case was convened in a temporary Atlanta courtroom on July 28, 1913, with 250 seats and 20 officers guarding the courtroom. The jurors, all white men and Atlanta residents, were chosen within 3 hours of the first morning of the trial. The defense used 18 of its 20 strikes without a cause while the prosecution used seven of the ten allowed. The twelve jurors were C.J. Bashard Pressman, I Hensley, Buggy Company, J. F. Higdon Building Contractor, Jefferies - Real Estate, Johenning Shipping Clerk, WF Medcalf Mailer, J.T. Osborne, Optician, Frederick V. L. Smith paying teller, D. Townsend paying teller, F.A. Windburn Railroad Claims agent, Al Weizby Cashier, M. S. Woodward - Cashier, King - Hardware. The Chief prosecutor, solicitor General Hugh A. Dorsey, was handsome and forceful, assisted by Frank Arthur Hooper and Edward A. Stevens. The defense was defended by Atlanta's two well known trial lawyers Special Assistant Solicitor Hooper described the State's case against Leo Frank, who was accused of premeditated rape of Mary Phagan. He 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 have also alleged that they heard Frank sexually harass Mary Phagan.
The state argued that Frank was alone in the office, gave Mary Phagan her pay envelope, then followed Mary to the medal room and made sexual overtures to her. He then strangled her and gave Conley $2.50 and then $200, but later had Conley return the money. Hooper singled out the expected testimony of Monteen Stover, who he claimed would contradict Frank's contention that he had been in his office continuously from 12:00 p.m. Mrs. J. W. Coleman, the mother of Mary Phagan, testified that she last saw her daughter alive on April 26, 1913. A court officer drew forth a suitcase and lifted out the dress and shoes that Mary Phagan had worn when she last saw her.
Fanny Phagan Coleman identified the clothing of her murdered daughter by covering her eyes with a palm fan and sobbing. At that time, few women attended court trials except for those related to the victim or the defendant. Fanny Phagan Coleman and Ali May Phagan attended the trial, as well as Lucille Selig Frank, Frank's wife, and Mrs. Ray Frank, his mother. When asked for her thoughts by a reporter for the Atlanta Journal, Fanny Phagan Coleman said she would rather not talk about it. This silence caused the rest of the Phagan family not to speak of the trial for the next 70 years.
The narrator went out of the door and stayed until four minutes to six. When he returned, the doors were unlocked and the narrator went to Mr. Frank to change the slip. It took him twice as long as the other times he saw him fix it.
