Bisbee daily review., 1921-12-08
COURT REbUKES
FAMOUS BANDIT
FOR |NSOLENCE
x-Ray Expert Says Accident
In Bisbee Might Have Had
Effect on Roy Gardner

PHOENIX, Ariz, Dec. CLASHES
between counsel for the government
and Roy Gardner, twice convicted of
mail robberies, featured today's ses-
sion of the United States district
court here, where Gardner is being
tried on charge of robbing a mail |
car at Maricopa, Ariz.. on November |
3. Gardner was ON the stand most |
of the day.
On one occasion this mornign, |
Judge William HI. Sawtelle, who is |
presiding at the trial, interrupt
Gardner to state that il Gardner were !
not already under sentences of long |
terms in prison, he would be SEN
fenced for contempt for his continued !
refusal to answer the prosecutions |
questions. Gardner, in his turn, inter-
rupted the court to explain his atti-
tude. When Gardner resumed the
stand this afternoon, he apologised to
the judge for his actions during the
morning.
Or. Bridge Testifies
The latter part of the afternoon
session was taken up with the examin-
alton Of expert witnesses regarding.
Gardeners mental condition Dr.
George A. Bridge, superintendent of
hospital in Bisbee, read the record
I of treatment given Gardner there in
! March, 1908, for a fractured skull.
I DR.. L. H. Goss of Phoenix, X-ray ex-
pert, introduced and explained X-ray
| photographs Of Gardeners skull, which
he said showed bone scar which
might press upon Gardeners brain.
| When court adjourned tonight, DR..
Ray Ferguson, superintendent of. the
| Arizona Staet Hospital for the Insane
here, was on the stand to testify as
an expert for the defense. Carl A..
! Davis, attorney for Gardner, asked
him a long hypothetical question to
which Thomas A. Fdynn, United
States district attorney, objected.
Judge Sawteqe suggested that he
would adjourn court and give the
counsel for both sides a chance to
agree on the question to be submitted
tomorrow when court convened.
Describes Crime
Gardner, under cross examination
today, related for the first time how
be got into the mail car in which ne
was captured at the Atichison, Tope-
ka and Santa railway station here on
November Is by Herman Inderlied of
Phoenix, mail clerk in charge OF the
car.
Gardner said he went to the mail
car while it was standing in the rail-
road yards here during the afternoon
of the 18th, bored hole IN the door
of a closet in the car, returned to his
room where he left the gimlet with
which he bored the hole, and got his
gun Then he said he went back to
the car, got in the closet and stayed
there while the car was switched
alongside the station and coupled on
to the train, of which it was to be a
part. He was in the c:oset until ne
approached Inderlied and ordered him
to put up his hands, he said.
The prisoner today testified that
the only things of value that he got
out of the mail he took az Marlcopa
were a ladies' wrist watch, an ayia-
tors pin, in the shape of a propeller.
and some money, maybe $50 and
maybe only $40 or $780," he said.
Gardeners most serious clashes with
the district attorney occurred when
the latter tried to find out wnere
three mail sacks that were taken from
Maricopa were lef by SlrGner. and
when Flynn tried TO discover fhe
| OuJOSI VI a Tip OuiuhCi ooiu iS hAooC
to Tucson about October % or 29.
Interrupts the Court
II was during the discussion OF the
mail sacks that Juuge Sawtelle In
: terferred. While the Judge was ad.
; dressing the jurors explaining why
j he did not punish Gardner for refus-
ing to tell where the sacks were
Gardner jumped to mis- feet, turned
: toward the judge and exclaimed
r Judge, told Fred Weage deputy
t United States marshaD, over in the
/ county Jail, that when this trial is
!. over I'd tell him where those sacks
z are. | won't tell him (pointmg &c
S Flynn nor Chance (E. D. Chance
e post office inspector here.)" Turn
ing toward Weage, who was sitting
y in the court room, Gardner asked
Didn't l tell you that, Fred?'
Mr.. Weage says that's right said
Gardner. turning and addressing the
jury. Then the judge resumed his
remarks to the jury.
Again Argues With Flynn
Later, in reply 10 questions by
Flynn regarding what he had done
with the time he arrived in PhoeniA
\ on Octobeo %, until he committed the
h robbery at Marlcopa on November )
\ Gardner told of the trip TO Tucson.
! Il didn't intend to tell you what
\ did in Tucson or who | saw there,
o he said in reply to one of Flynn's
;. questions. Il went there on f.eJ
r sonal business"
q "Legitimate?" asked Flynn.
g YES"
!. Are you sure it wac not connected
s with some proposed criminal opera
tion?"
mo, I'm not sure it wasn't" Gard
y ner replied.
He did maintain, however thai
: whoever he saw in Tucson was no
: connected with the Maricopa affair
a. ------------------