Arizona republican., 1921-12-10
ROY GARDNER |S NUT INSANE SAYS DR.T.H.HA|NES|N FEDERAL COURT
Prominent Alienist Testi- flies In Trial of Famous Mail Bandit-Case May Not Be Finished To Go To Jury Tonight

 controls so strongly as to assert sin cerely that nothing can stand between himself and the things which he is by them to do would write a letter to President Harding asking pardon for past offenses and in that letter drawing a pitiful word picture of his suffering wife and child"
 In declarations such as the fore going Dr. Thomas H. Haines of New York, who is directing a mental hy- giene survey of the state of Arizona as an expert with the National Men tai Hygiene association. the activities of which are supported by the Rocke- feller foundation, summarized yester- day in the federal court his reasons for asserting, after examinations of the defendant. that Roy G. Gardner, mail bandit. is sane
 Dr. Haines was the first witness called by the government to pass upon the question of Gardner's san ity as an expert, and his testimony followed that of five others wno had declared on Thursday that the de- fendant was irresponsible. subject to impulses. deficient in the of the difference between right and wrong and under the in luerce of delusions when he robbed a Southern Pacific mall car at Mari copa on the morning of Nov g. An other expert who testified Thursday declared that Gardner was mentally but refused to give un- qualified answers as to his exact con- dition.
 Interesting Witness
 The testimony given by Dr. Haines proved as interesting as any which has been adduced during the trial Based upon two long interviews with Gardner, one of which consisted in neurological examination made ac- cording to standard methods, and Dr. Haines' observation of Gardner dur ing the five days of the trial, it was an unqualified assertion of the de- fendant's sanity. Although 1t was unfinished when court adjourned at 5 o'clock, it appeared to be the result of a careful investigation of the de- fendant and of deductions which were drawn, not from what Gardner had told the expert, but rather from what the physician had seen and learned of him since Dec. 1, as was asserted by him in the course of his examination.
 The expert began his testimony by saying that he had examined Gardner twice in company with pr. Harlan F. Mills, pathologist- The first exami-
  enc. and the second one an investiga- ton into the bandits idea of his re- lation to the rest of the community. He also observed the defendant in the court room. he said, during the course of the trial
 Describing the neurological exami- nation. pr. Haines said that he had tested the reaction of the pupils or Gardner's eyes to light, which Is test made to discover any derange- ment of the central part of the brain. and that he had found the reaction normal. The pupils, he said, were normal, regular in outline, equal In size and reacted equally, facts which were significant in determining the absence of any syphilitic infections or the brain. Gardner's knee reflexes, the expert said. were slightly ex- aggerated. but present, as they should be normally.
 Describes Tests
 Gardner's toes contracted normally, Dr. Haines testified, when his shoes and stockings were removed and the soles of his feet scratched. and there vas no reaction to the test used in determining whether the patient s spinal cord has been infected. The finger to finger" test, in which the patient closes his eyes and puts the tips of his fingers together at arm E length in front of him, and the fin ger to nose'' test. in which the patient closes his eyes and puts the tip of his finger to his nose, were not carried out by Gardner as accurately as can be done, but were not unusually inac- curate. Gardner's hands treInble, the witness said. more than the normal mans when they are held in front oi him. and his eyelids tremble also, but this is the case with most cigarette smokers, the physician declared, as Gardner is.
 In the second interview Gardner told pr. Haines and Dr. Mills the story of his life This interview was carried on in order that an idea might be gained of Gardner's concept of his | relationship to the rest of the world pr. Haines declared that he had been solicitous to elicit evidence of delu- sions and Authorizations on the part of the defendant. Gardner's percep- tions, he said, were clear. his memory strong and his mind a good working mechanism. The witness then said that he had also observed Gardner in the court room.
 Hypothetical Question At this point Thomas A. Flynn United States district attorney, sub mitted to pr. Haines a long hypo- thetical question which was based upon assumptions Of fact in all the evidence of his criminality since his -obbery of Q San Francisco jewelry store about 10 years ago to the pres ent day. This question was prepared by Attorney Flynn and his assistants
 (Contiuued on Page Two)