The San Francisco call., 1899-12-03
GARDNER BELIEVES
BUCHANAN INSANE
Admits Tbut He Received q HoDd
some Fee for Examining Him
at Morysville.

witness related how he had refused 10
give any definite opinion regarding Bu-
cnanans mental condition until he had
all the evidence before him, including a
complete history OF the life of the defend
ant up TO the time or the commission of
me alleged murder at Marysvilie. He
next told of the legal procee edings-the
appointment OF the lunacy commission, of
Wnich he was a member: the verdict of
me commission. the result OF the special
jury called 20 try the question of insanity
ana the commitment of Buchanan to the
asylum Among other things he stated
that the course of Ruchanans attorneys
and of his brother was governed by the
edNlce witness gave In the matter of de-
termining the condition of Buchanan's
mind
The examination then turned on the
question OF compensation. 1t was as fol-
lows: About how many DAYS We're You
present in Marysville during the progre IS
was defendant?'' "I think | was In
Marysville about FIVE days. l had gone
up before that time and spent about three
days additional when we rather expected
the trial TO come OF, and | was there two
days at the time OF the examination |
made in the first instance, making in all
Summarize the inquiries you made in
dependently How much time. in your
opinion, did you devote TO these In
quiries? Il devoted in the neighbor-
~ think the understanding was that
YOU should tie paid 500 day?" Yes,
sir. One hundred dollars a day was the
agreement"
How much in all were you paid?" II
was paid $780,
Witness admitted that his observation
OF Buchanan since his confinement had
forced him to come TO the conclusion that
the petitioner had not suffered from
petit NAL or nocturnal epilepsy. and that
his original opinion formed at Marys-
VILE was erroneous, but he adhered TO his
belief that Buchanan was and Is still an
insane man. He also stated that he had
L., ,l,ar ing
cured when they were not so In fact. He
added that the greatest burden OF su-
perintendent of an asylum is TO pass
as he is held responsible before the peo-
pie 1--WE are for this reason, very
cautious he continued. in diScharging
people who have been insane. We don't
know what effect the new surroundings
will have on them
Attorney Livernash here submitted the
same hypothetical question, covering bu-
chanans life history. that had been put
to DR.. Robertson yesterday. To save time
all the experts were called in to listen 10
the reading Of the question. which was an an
extremely long one. They were DR.. w. F.
Hatch. General Superintendent of the
State Hospitals; DIR. L. +. Stone; Dr. ID.
Smith. DR.. J. H. Barr and DR.. A. w Hois-
holt. in addition to DR.. Gardner.
After the reading of the question the
other medical experts were excused, and
Dr. Gardner was asked what he consid-
cred the mental condition Of the man de-
scribed.
He answered: 'T believe such a person
as represented by the hypothetical ques-
ton to be insane, and don't believe that
such a person will ever recover"
Under the cross-examination Of Attor-
ney Bell DIR. Gardner admitted that since
his administration the asylum had con-
now contains about 1900 patients and that
from 25 to q per cent OF the patients are
discharged as recovered. DR.. Dozier, the
first assistant physician at the institution.
he said. came more intimately in contact
with the patients than himself and he
usually consults his assistant physicians
in pronouncing on patients right to dis
charge. 1t was also his custom in difficult
cases TO consult with the supervisors. ma
irons or attendants who were in close at
tendance on the patients. but the life his
tory OF the patient and other information
were always taken into consideration.
He admitted that Buchanan's memory
shortly after the murder. but thought
this might have been due TO the fact that
Buchanan might have been suffering
from the effects Of alcohol at Marysville
The apparently defective memory of Bu-
chanan was one OF the reasons on which
he based his opinion that Buchanan was
amined Buchanan's eyes and stated that
the pupils We're less dilated now than
they were when he examined them at
Marysville.
DIR. Gardner stated that he assisted E.
s. buchanan, Hughs brother, In framing
the interrogatories OF the depostions taxi
en- IN georgia ana IeXaS. but diSclaimed
that he was most prominent in the work
OF devising the interrogatories.
why did YOU eliminate the factor of
the drinking habit from these interroga-
tories?" asked Attorney Bell
'Buchanans brother laid no stress on
his brothers drinking habits. II is a mat
ter that should always be considered in
determining a question of insanity I
don't remember whether asked about II.
but / think IL is very likely | did There
were. however. sufficient other data to
indicate insanity in Buchanan's case"
Witness admitted that no attempt was
made TO get affidavits as TO Buchanan's
drinking habits after the matter had been
inter1ected into the case. He further
agreed with Bell that the great change in
the disposition, habits and mind of Bu-
chanan might be explained on the basis
OF excessive Indulgence in liquor Ad-
journment was taken until 9 a. m. Thurs
day next.