The San Francisco call., 1899-12-03


ical superintendent Of the Napa State
Hospital, received si5oo as his fee IN the
case OF Hugh Buchanan. who was pro-
nounced insane By a lunacy commission
OF which DR.. Gardner was q member.
while or trial az Marysville for the Inur-
der Of William Il. Miles in 1894. He testi-
fed that he was paid this sum by Z. s.
Buchanan, brother OF Hugh, for exam
lining and passing Upon the mental condi-
t1on or the latter in an impartial manner
and with the view of serving the ends OF
Justice
Dr. Gardner occupied the entire day of
the courts session to-day. He took the
Stard only after Attorney General Ford
and his special attorneys had made an
effort 10 save him from the ordeal Of
question and cToss-Question and after
District Attorney Bell had offered to take
Or. Gardner az 4 witness for Hugh Bu-
chanan. In the course of his examina-
ton ne admitted that Buchanan had man
ifested no symptoms of insanity during
the nNe-year period OF his Incarceration,
mat re was in an improved condition
since the time of his confinement vet he
declared that he believed him 10 be incur
ably insane. ana expressed the belief that
the petitioner If accorded lust considera-
uon, would never permanently leave the
asylum until he WIS carried out in mis-
CONN. He admitted that he had been
mistaken in his original opinion OF the
character Of Buchanau's malady-that he
was not suffering from petit NAL nor noe
turnal epilepsy-and that he had been
mistaken in passing on the mental condi-
tion of patients in the past. He also ad-
mitted that he might be mistaken as to
the incurable character OF Buchanan's in
sanity.
At one stage OF the proceeding the wit
nRrarna llx-
was asked IL he were not agreeably dis
appointed in the improved condition that
Buchanan developed. when he replied:
Now, Mr.. Bell, ! have known YOU
good long time, and ] do not believe YOU
or any. other man that has known me in
timately would believe that / would want
an unfortunate human being 10 become
more insane every day of his life and
live in the unutterable misery that at
tends that unfortunate condition in or
der 10 substantiate one poor. little pitiful
opinion that might have been expressed
by me- No: ] wish the boy were la "a
condition TO be discharged and that |
could feel conscientiously that l could
do IT."
ings by reading deposition made by
Z. II. Brewster. an attorney OF Atlanta,
Ga. and which had been read at the
Marysville trial. The deponent testified
not mentally sound at the time he lett
Georgia.
After a long argument Dr. Gardner was
put on the stand as a witness in his own
behalf. Part of his very interesting ex-
animation was as follows:
When did you first meet Hugh Buch-
anan MaloI 4 rtI think nS ,tt, i was some time in
What brought Hugh Buchanan at the
time to your notice?" Mr.. BuchanaI's
brother, DR.. Stone. and Mr.. Belcher OF
Marysville called at the institution and
Mr.. Buchanan said he wished me TO go
10 Marysville and examine Hugh Buch
anan as 10 his sanity"
What was said in relation 10 your go
ing there? | should like TO hear the exact
facts as TO what was said to persuade
you to go see Hugh Buchanan" THE
brother 20 some extent told me what he
considered to be the condition Of this
man, and after listening 10 him | told
him that possibly there might be some
insanity in his brother He asked me If
l would go and make an examination of
his brother"
did he at that time ask you what posi-
tion you would take in the case, if the
case should come TO trial? Did you or
did you not commit yourself on one side
or the other?" II did not. I told Mr..
buchanan that l would go and examine
his brother. provided he would pay for It,
and ! reserved the right TO pass any opin-
ion ! chose In the matter, but stipulated
that he should pay for my services in
any event"
''Who were present besides yourself and
Mr. Buchanan" DIR. Stone was present,
and think Mr.. Belcher was present, but
] can't remember"
Tell us the matter Of pay" He asked
me what / would charge and l told him
| should charge him 500 a day either for
testifying or doing any work in the
case"
Did you indicate any desire TO partici-
patio I'm the case?" Not at all, sir"
when you say 800 a day, what do you
mean7" II mean the average number OF
hours that anybody would consider a day
If he were doing work"
What occurred next with reference to
action in connection with the suggestion
thus made?" 81 went TO Marysville,
probably in April-it might have been in
March-lS94. and made the examination of
Hugh Buchanan in the County Jail"
Dr. Gardner further testified that after
making an eXaminat ton of Hugh Buchan-
ans physical condition and questioning
him he made an aflldavit TO the effect that
he considered there were great probabili-
ties that Buchanan was Of unsound mind.