Dr. John Funk, sworn in as a witness for the State, 195th to testify

Dr. John Funk, witness for the State in rebuttal, at the Trial of Leo Frank in the Fulton County Superior Court of Atlanta, Georgia, in 1913 (Testimony Portion From July 28 - August 21, 1913; Closing Arguments August 21-25, 1913)

Dr. John Funk, a professor of pathology and bacteriology, testified that he examined microscopic sections of vaginal wall tissue from Mary Phagan, provided by Dr. H. F. Harris. The sections, taken near the skin surface, revealed that the epithelial layer was torn away in places, with underlying tissues showing hemorrhage, engorged blood vessels, and an increased number of white blood cells—changes he stated could only occur before death, as blood cannot infiltrate tissues post-mortem. He concluded that the injury to the vaginal wall, including swelling and dilation, was inflicted while Phagan was alive.

On the issue of digestion, Funk analyzed the stomach contents (cabbage and undigested starch granules) and noted 32 degrees of combined hydrochloric acid, a closed pylorus, and an empty duodenum and first six feet of small intestine. Given the absence of free hydrochloric acid or dextrin, he estimated digestion had progressed approximately one hour—possibly slightly more or less—before death. This supported the State’s timeline placing Phagan’s death shortly after she entered the factory around noon on April 26, 1913.

On cross-examination, Funk admitted he examined the slides only the previous Saturday (after the trial began), was not present at the autopsy, and did not know the exact source of the tissue beyond it being human vaginal wall. He clarified that tissue reaction to injury begins rapidly and that vascular changes allow pathologists to determine whether trauma occurred before death and to estimate timing. The sections were extremely thin (approximately 9.25 thousandths of an inch) and numerous (30–40 strips). This testimony was offered to corroborate Dr. Harris’s findings that Phagan was assaulted and killed soon after eating, contradicting the defense’s timeline and Frank’s claim that she left his office unharmed.