Evening star., 1939-10-26
Wheat Denies
jordon' S Plea
For Freedom
No Proof Offered to
Justify Writ, He Says;
Appeal Expected

Chief Justice Alfred A. Wheat, in
District Court this afternoon, de-
MED writ of habeas corpus to
Thomas Jordon, convicted of the
Garden T-Shoppe murder several
years ago.
An appeal to the United States
Court of Appeals is in prospect by
Sordon's counsel, Attorney James ].
Laughlin.
Chief Justice Wheat ordered the
prisoner remanded to Jail after he
declared that there has been a
complete failure of proof here that
would justify the granting of this
writ"
Jordon is serving a life term fol-
lowing communication of his death
sentence by President Roosevelt.
The chief justice has considered
the case for five days. as a parade
OF witnesses was produced by the
petitioner and the Government, re-
called that the petition was based
on two grounds, both of which at
tack the jurisdiction of the court to
render judgment.
NO Proof"
Regarding Jordons claim of sup
preston of evidence by the Govern
ment at his trial, Justice Wheat said:
Il don't think there is any proof
here OF the suppression of evidence"
Concerning the second point
raised by Jordon and his counsel,
that District code was introduced
into the juryroom during the de-
liberation of his fate, Justice Wheat
recalled that 10 jurors said there
was no code in the room and that
only Juryman Israel F. Good, 1856
Nichols avenue Sc, asserted from
the witness stand that a code was
brought in by former Deputy United
States Marshal John B. Upperman.
The 18th juror could not be located.
Il can't understand why Good
testified as he did, said Justice
Wheat.
Jordon to Stay in Custody.
Mr.. Good had told the court, dur
Ing the course of the habeas corpus
hearing, that two of the jurors,
while the jury was on its way to a
meal, had gone over to table in
corridor in District Court and read
the code again. Justice Wheat said
that it has been denied that there
was code on table.
Accordingly, he held that the
courts jurisdiction was valid, as
was its judgment, and so Jordon
will remain in custody.
Mrs. Lizzie Jaynes, cashier of the
Garden T-Shoppe, Eighteenth street
-Rnd Columbia road NV, was slain
during holdup by two men on
April 3, 1881. Jordan was convicted
of the murder when he was tried
here in the spring of 1896, after ne
had allegedly fled this jurisdiction
and was living in Mount Vernon,
N. Y.
Assistant United States Attorney
Allen j. Krouse, summing up for
the Government in final arguments
earlier today, charged that he never
heard such barefaced perjury in all
my life as that given by Mr. Good.
Denies Evidence Was Upheld.
Asking the chief justice to dis
charge the writ of habeas corpus.
Mr.. Krouse declared it is a case of
nothing plus nothing equals moth
Ing" Mr.. Krcusa denied the Gov
eminent had withheld any pertinent
evidence.
Mr.. Laughlin, representing Jordon,
contended there was evidence, known
to the police and the district attor-
neys Office, which would have tended
to establish Jordons innocence.
Mr.. Laughlin insisted the District
Code was brought into the jury
room, thus violating Jordons con-
stitutional rights. and that if the
| jury got information in any man
ner, other than instructions in opeif
court. with the defendant and his
lawyer present, that constituted a
denial of fair and impartial trial.