Evening star., 1937-06-12
LIFE TERM FACES
JORD0N AS RETR|AL
APPEARS REMOTE
Justice Bureau Studies Plan
to Cure Legal Ills Barring
a New Hearing.
DATA WHICH SPARED
LIFE NOW is USELESS
Technically Of Time Limit voids
Worth Of Evidence That
Brought Clemency.

As Thomas Jordon turned his back
on the electric chair to face 4 life
term IN Federal prison for the murder
Of Mrs. Lizzie S. Jaynes, Department
OF Justice oficials today considered
proposals for liberalizing new-trial
procedure in capital cases.
Serious study is being given by At
torney General Cummings and his
staff to proposed bill changing court
procedure so as to eliminate restric-
tions that prevented Jordon from SEEK
ing a new trial on the basis OF new
evidence in his favor.
The new evidence, brought to light
with discovery by Philip H. Love, a
Star reporter, Of a police incidental
throwing doubt on the Identification
OF Jordon in the murder case, resulted
yesterday in Communication Of the for-
mer busboy's death sentence to life
imprisonment.
New Evidence Useless.
Under existing law the newly-dis-
covered evidence cannot be used by
Jordon as a reason for seeking q new
trial because 1t was not produced
within 80 days Of passing Of sentence.
His only recourse was to seek clemency
by executive action.
A proposed amendment to court
procedure statutes recommended to
Cummings by Harry T. Whelan, Jor-
don's attorney, would not benefit the
convicted man now, officials pointed
out, as the Presidents action has re-
moved Jordon's case from the category
Of capital" cases.
The suggested amendment would
accord men condemned to death the
right to seek new trial on the basis
OF new evidence at any time up to
the hour OF execution. Similar pro-
visions prevail in a number OF other
Jurisdictions.
While deeply grateful for being
spared from the electric chair, Jordon
today insisted he will not be content
until he has been granted q new trial
or has been completely pardoned.
A presidential pardon appears out
Of the question, as the decision Of
yesterday Is known to have been
taken after thorough study OF every
bit Of evidence in Jordon's favor.
No evidence was produced to warrant
freeing Jordon, it was indicated.
The only chance the convicted man
has for obtaining a new trial u
special action by Congress to per.
nit him to appeal to the courts. It
is believed improbable the DEPART
ment Of Justice would support any
move for special legislation In Jor.
don's behalf.
Reason for Communication.
Apparently Attorney General Cum.
mings decided to recommend commu.
tation Of Jordon's sentence because
his aides were convinced the con-
demned man did not have the benefit
at his trial Of conflicting evidence
as to the physical appearance Of the
two men who held up Mrs. Jaynes
in the Garden T shoppe on April
13, 1881. Had such evidence been
introduced, 1t is said, the jury might
have opposed q capital verdict.
Cummings ordered the case rs-
opened by Pardon Attorney Daniel
M. Lyons after Reporter Love dis.
covered in old police records a hith-
erto-undisclosed incidental describing
the aSsailants OF Mrs. Jaynes as
being feet tall Jordon is feet.
6A inches in height. The man who
held the gun, moreover. was described
as having gray eyes and fair hair.
whereas Jordon has black eyes and
black hair.
Lyons questioned number OF eye
witnesses to the murder, studied po-
lice records and trial testimony and
reported to Cummings there was
sufficient conflict in the descriptions
of the murderer to justify commu-
tation.
Furthermore, it is understood JUS
tice officials took into consideration
the fact that Edith Dodsworth, in
dicted with Jordon for the murder. is
still at large, and that the second man
in the Staying was never identified.