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A big part of the prosecution's case against Leo Frank was that when a girl named Monteen Stover came in for her pay Leo Frank was not in either of his offices. Now Monteen Stover was very specific about the time that she arrived. She said she looked at the clock and it was 12:05 when she arrived and 12:10 when she left.

Her conviction about the time is what screws her testimony and makes it irrelevant. There is no way that Monteen Stover arrived at the National Pencil Factor before Mary Phagan so it hardly matters where on earth and what on earth Leo Frank was doing at this time. He could be making a forgotten about stop to the washroom and it wouldn't matter.

W.T. Hollis, the conductor, and W.W. Matthews, the motorman, of the trolley Mary Phagan rode to town both testified that Mary was still on the trolley when it stopped at Marietta and Broad which was at 12:07 1/2. 12:07 was the schedule time. They claim to have looked at their watches as they were supposed to do and they were on time. Now Hollis got off at Marietta and Forsyth and Mary was still on the trolley. Matthews was relieved at Broad and Marietta and sat behind Mary. He says that Mary got off at Hunter and Broad around 12:10. Both testified that it is over 2 minutes from Broad and Marietta to Hunter and Broad. Hollis testified that he had timed it time and time again since and it was always about 2 1/2 minutes. The Factory was about one block and a half away from Hunter and Broad.


Now witnesses after this testimony said that the trolley was on time that day or ahead of schedule and that it was often ahead of schedule. They say even about 5 minutes ahead of time. Hey! I'd give them 7 minutes and it still wouldn't make one difference! There is no way that Mary could have arrived at the National Pencil Factory before Monteen Stover at 12:05

Let's look at it this way giving the trolley time to get in 7 whole minutes ahead of schedule during the traffic of a Confederate Memorial Day Holiday.

12:07 minus 7 minutes.
We're at 12:00.
Mary has a full 5 minutes to get to the factory before Monteen.
But wait! This is when the trolley arrives at Marietta and Broad.
It was timed that the trolley always takes 2 1/2 minutes to get to  Hunter and Broad.
Still I'll knock off half a minute.
So we are at 12:02.
Mary arrives at Hunter and Broad.
Mary is still a block and a half away from the factory.
Mary only has 3 minutes to get to the factory, walk to Leo Frank's office, be lured into the metal room which is a fair distance away from the office for Leo to make a pass at her and to refuse and subsequently be attacked. 
Mary is a short and chubby girl. I was once a short and chubby girl myself. I doubt she could get to the Factory in under a minute. Plus add to this the fact that it is a holiday.
Another factor hardly considered is that Mary had dressed herself up really nicely for this special day. She is dressed up in her finest clothes, clothes that are for a special occassion. Is she going to run in these clothes? Is she going to risk sweating in them or possibly ripping them? I doubt it.
I give Mary Phagan 2 minutes to get to the factory.
Now we are at 12:04.
Supposedly it took 40 seconds from the factory door to Leo's office.
Now we are at 12:04:40
I doubt it would only take 20 seconds for Leo and Mary to have any discussion that would lead them to the metal room especially if Mary was afraid of Leo Frank.
I will give any discussion at the least 40 seconds and this is likely far too short.
Now we are at 12:05:20.
Mary still has to walk to the metal room and to rebuke Leo Frank's advances and we have already ran into Monteen Stover's arrival.
Jim Conley says that Mary Phagan screamed but Stover never claimed to have heard a scream at all.

And remember I was lenient with even this time frame and gave the trolley a whole 7 minutes to get to Marietta and Broad. None of the witnesses the state called ever stated that the trolley arrived more than 5 minutes early! Also if Mary Phagan had gotten off earlier at any time it would increase the distance she would have to walk bringing the time frame to about the same or more. 

There was NO way that Mary Phagan got there before Monteen Stover. We only have Jim Conley's, the other suspects, word that Mary arrived before Stover. Despite the prosecution's claim that they didn't rely on Jim Conley it isn't completely true. Once again his testimony was relied on to strengthen the prosecution's theory that when Monteen arrived at 12:05 to Leo Frank's empty office he was busy in the metal room raping/murdering poor Mary Phagan.

It was Jim Conley that strengthened this theory. But wait we're going to rely on Conley's testimony over Hollis and Matthews the people who were running the trolley?  Conley who supposedly pees on elevator doors and poops in the elevator shaft? Conley who will hang if he can't convince everyone that Leo Frank is guilty?

It is argued by certain factions that since it was against rules for the trolley to get in ahead of time Hollis and Matthews could be lying. But when you stop and look at it why would they do that? Hollis admitted they were sometimes early by a few minutes even on the stand! They had been punished for it so  it wasn't anything new even. And why would they try to save Leo Frank when they seem to have been well aquainted with little Mary unless they knew for a fact that Monteen arrived before Mary? Hollis said that he had timed the time it took to get from Broad and Marietta to Hunter and Broad several times since Mary's death and it was always the same. That sounds like a man who has been checking things out repeatedly because of his own questions and always finding the same result, knowing that Mary could not have arrived before Monteen. They would know that it was unlikely that Frank had killed Mary and that if he was sentenced to death the wrong man would be punished for Mary's death. Mary's real killer would not be punished. The real killer of the little girl who use to joke with them about being late and mad would get away scott free.

Even if you consider the other testimony that the trolley was often early they never ever gave it over 7 minutes and this still wouldn't have been enough time for Phagan to have arrived before Stover. 

J. H. HENDRICKS said that he had seen the trolley come in 2 or 3 minutes early. Okay that would make 12:04. Mary has 1 minute to get to the Factory and for everything to happen before Stover arrived.

J. C. McEWING said he knew the car to be 4-5 minutes ahead of time. Okay so that would make 12:03. Mary had 2 minutes to get to the Factory, go to Leo Frank's office, talk a bit, walk to the metal room, be made a pass at, rebuke it and be attacked before little Monteen Stover comes walking into the factory with her tennis shoes on.

HENRY HOFFMAN claimed that the car had been as much as 3 minutes ahead of time under his watch. 3 Minutes! 3 Minutes! Wow! Once again that would bring us to 12:04 and that itty bitty minute.

W. B. OWENS testified that the car came in a minute or 2 minutes ahead of time a few times. 2 minutes huh? Okay so 12:05. Mary's still walking to the factory when Monteen is walking in the front door. 

LOUIS INGRAM says that the car arrives a much as 4 minutes early. Once again that brings us to 12:03 and that scant 2 minutes for all what the prosecution theorized happened to happen.

In an odd way all of these rebuttal witnesses prove that it was more than unlikely that Mary Phagan arrived at the factory before Monteen Stover. Unless she was the Flash. You know the more I think of Conley's tale and the prosecution's case the more it seems to imply that they believe that superheroes exist. You know. Mrs. White can walk through locked doors, Leo Frank can be in two places at once and that Mary Phagan had super speed.

But seriously, Mary Phagan could not have arrived before Monteen Stover. It doesn't matter where Leo Frank was. He could not have been murdering Mary Phagan when she wasn't even at the factory yet.

So if Monteen arrived before Mary once more we find Conley in a lie and it also cuts into his supposed timeline of what happened, making Mary arrive after 12:10. We know that Mary would have had to arrived after 12:10 because she didn't bump into Monteen and Monteen says she looked at the clock before she left and it was 12:10.

Sorry Monteen Stover, star witness, you shouldn't have been a witness at all!

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Leo Frank Was Innocent

July 2012

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