Evening star., 1939-10-24
Jordon Hearinq
WitnessesAsked
About Libel Suit
Wilson Seeks to
Show ATTORNEYS
Interest in Case

Show Attorneys
Interest in Case
Witnesses at the habeas corpus
hearing for Thomas Jordon in Dis
trict Court today were questioned
about a libel suit brought against
McFadden Publications by former
United States Attorney Leslie C..
Garnett, former Assistant United
States Attorney Roger Robb and At
+. torney Harry T. Whelan for publi-
cation of story rejecting on the
prosecution of the Jordan case, pub
lished in the fall of 1887.
Assistant United States Attorney
John Wilson told the court he pur-
sued this line of inquiry in an effort
to show the interest" of Attorney
John M. Holzworth, who testified he
wrote the story in collaboration with
another writer, and who declared
he worked night and day" in be-
half of Jordon until he got the
former busboys death sentence COM
muted to life imprisonment by
President Roosevelt.
Attorney Holzworth, who earlier
said he wrote a statement which
was signed by Jordon juror and
repudiated today by the juror, was
asked by Mr.. Wilson:
Question Is Ruled Out.
do you know if the McFadden
Publications is paying any of the
expenses of this procedure?"
Defense Attorney James l.. Laugh
lin objected to the question and was
overruled.
Mr.. Holzworth said he understood
a representative of the publication
had advanced Mr.. Laughlin $50 to
keep them in touch with the progress
of the Jordan case.
Another defense witness today
was Israel F. Good, a salesman, of
1853 Nichols avenue Sc, juror at
the Jordon trial. He said he and
Mr.. Holzworth visited former Juror
Bradshaw B. Pearson some months
after the trial and Pearson signed a
statement to the effect that he saw
code book introduced into the jury
room Mr.. Pearson admitted sign
ing the statement today, but denied
that any book had been brought
into the conference room.
Seeks to Show Tampering.
Defense Attorney Laughlin is seek
Ing to show that the jury which
tried Jordan in March of 1886 was
"practically charged" on question
of law by deputy marshal who
brought the jurors a code book, and
that the prosecution suppressed evil
dence In the trial of Jordon for the
hold-up murder of Mrs. Lizzie
Jaynes, cashier of the Garden T
Shoppe, in April of 1881.
, Mr.. HolzWorth said that he in
vestigated the Jordan case because
the accused man came from his
home county in New York State. He
said he learned from the jurors OF
what happened in the jury room
and typed out statement on the
basis of their accounts.
He declared that Mr. Pearson read
the statement before he signed it,
although this was denied by the
former juror today.
Mr.. Hokworth told Chief Justice
Alfred A. Wheat that he OBJ
tanned other statements tending to
strengthen Jordon's case from "sev-
eral" jurors. He was unable to pro-
duce these, he said, because they
were in the United States Attorney
Generals office, where he had sent
them in support of an appeal for
the prisoner.
Suit Has Yet to Be Tried.
In his examination Mr.. Wilson
brought out that the damage suit
has yet to be tried. The prosecu-
tor asked Mr.. Good if he had been
|. associated with representatives OF
McFadden Publications.
Mr.. Good replied that he had din
ner last night with Attorney Sidney
Struble of New York, member of
a firm representing the publishers.
Mr.. Struble stood up in court when
his name was mentioned.
Yesterday Mr.. Good testified that
he had a distinct recollection of
the District Code being brought into
the jury room by former Deputy
Marshal John B. Upperman, now
serving time for jury tampering in
: the Warning tax case.
Mr. Pearson testified in regard to
the code book" that six months or
SO after the trial the prepared state
ment was brought to him by Attor-
ney Holzworth and Mr.. Good. The
Tells of Transaction.
statement said that Mr. Pearson saw
the code book brought into the
jury room and that the jury fore
man went out of the room and
held the door shut while he talked
to the deputy outside. The former
juror repudiated both these state
ments today.
Mr.. Pearson said he signed the
statement because he was told that
new evidence" had been uncov-
cred which might save Jordon from
the electric chair: He said it was
his recollection that he never read
the statement, which was read to
him by one of the men.
THE statement was prepared
when it was brought to me and I
was in hurry to 60 out" Mr.. Pear
son said. Il wouldn't have signed
that thing if had known all this
was coming up. I did it more as
friend than anything else"
Tells of Being Confused.
The former juror said he was con-
fused by the fact that he had seen
some bound papers in the jury room,
presumably the instructions of the
judge.
Another juror, Charles E. Lewis,
an elevator starter, 100 Thomas
street NV, testified he had seen
no code book in the jury room and