Evening star., 1939-10-25
Wire Deliveries
To Jordon Case
Judge Protested
Attorney Will Ask
Action on Messages
From HoIzworth

sSub sVbIVOuNu
Delivery Of second telegram from
a witness to Chief Justice Alfred A.
Wheat while the latter was presiding
in District Court at the habeas cor
pus hearing for Thomas Jordon to-
day prompted Assistant District At.
torney John Wilson to announce:
I'VE will ask your honor at the
proper time to take some action
about these kilograms"
The wires were from Attorney
John Holzworth, whose efforts in
Jordon's behalf have been disavowed
by the defendant. In a statement to
the judge, Jordon declared Mr.. Holz-
worth represented him in no way.
Mr.. Holzworth, having appeared as .
witness at the hearing, has been ex-
cluded from the courtroom while
other testimony is heard. He sent a
telegram discussing the case to
Justice Wheat several days ago. The
second message was delivered to the
judge by deputy marshal shortly
before noon.
The court ordered that it be noted
in the record that the telegram was
received, but not read by him, since
it attempted a discussion of the
case.
Appears "to Answer Charge
Just as the hearing adjourned for
lunch, Attorney Holzworth came into
the courtroom and addressed Justice
Wheat from the back of the room.
He said in loud voice: Your
honor, I hear I have been charged
with contempt of court. I am here
to answer that charge"
Justice Wheat replied that he was
not trying a contempt case at that
time. He indicated he would get
around to Mr.. Holzworth later.
In the corridor outside the court
room Mr.. Holzworth showed report
ers a copy of the telegram. The
message indicated that erroneous
verbal instructions" from Justice
Let's had been transmitted to the
Jordon jury and that Mr.. Holzworth
could furnish evidence indicating
Pei JOA Wy CCl GdlIl JuIOIS.
The defense is seeking to show
that deputy marshal introduced a
code book into the jury room and
that evidence was suppressed in the
trial Of Jordn in March, 1896. for
the holdup murder of Mrs. Lizzie
Jaynes in April, 1881. The defense
closed this morning, and Mr.. Will
son called six jurors to the stand
during the morning session. They
were unanimous in saying they saw
no code book brought into the jury
room during the deliberation on
Jordon's fate.
Several Tell Of Statement.
Several said they were approached
by Mr.. Holzworth and one of the
jurors with a statement which they
refused to sign. The statement men.
toned appearance of the code book
and said that the jury foreman had
gone outside the door to confer with
the deputy marshal. This conten-
ton was denied by the Government
witnesses. The court overruled
efforts by the defense to question
witness from the Detective Bureau
about the contents of the files on
the Jaynes murder investigation. Mr..
Wilson was upheld in his contention
the defense attorney was fishing"
for information in the police file
not in his possession. Several other
Jordon jurors were to be questioned
later today.
Mr.. Wilson yesterday afternoon
about libel suit filed against the
McFadden Publications by former
United States Attorney Leslie c.
Garnett, former Assistant United
States Attorney Roger Robb and At
torney Harry T. Whelan because Of
story rejecting on the prosecution
Of the Jordon case
Mr.. Holzworth, who collaborated
in writing the story, and who
investigated the case after the
trial in behalf of Jordon, testi-
fled in response to questions that he
understood representative of Nc
Fadden Publications had paid Mr..
Laughlin $50 to keep them in touch
with the progress of the case.
Testifies on Code Book.
Mr.. Holzworth testified further
that he secured the signed statements
from several jurors to the effect that
the deputy marshal introduced Dis
trict Code book into the jury room
while Jordon's fate was being de-
liberated. He allegedly was assisted
in this by another Jordon juror,
Israel F. Good, a salesman, of 1855
Nichols avenue Sc, who testified
yesterday that the code book was
brought into the jury room.
Mr.. Wilson told the court he oues-
toned Mr.. Holzworth and Mr.. Good
about the libel suit in an effort to
show interest" in the case. Mr..
Good, in response to questions, said
he had dinner Monday night with
Attorney Sidney Struble of New
York, whose firm represents the
McFadden Publications. Mr.. Struble
stood up in court when Mr.. Wilson
asked If he was present. 1t was
brought out that the libel case has
yet to be brought to trial.