Arizona republican., 1921-11-24
GARDNER PLEADS .NOT GUILTY ON
 INSANITY CLAIM

Ii He Is Mentally Sound
 In Pleading To Two
 Charges In U. s. Court
 Roy G. Gardner, mail bandit, who for two years has been either in the l clutches of the law or busily engaged | in keeping away from them, and who l lies now in the Maricopa county jail | after having been captured by Her man F. Inderlied, a railway mail | clerk, will be tried here on two charges of mail robbery, the cases having been set for Dec. by Federal Judge William H. Sawteile at Gard ner's arraignment yesterday.
 The first charge alleges that on the evening of Nov. 15 Gardner as- saulted Herman F. Inderlied, rail- way mail clerk, with a dangerous weapon with intent to steal the mail in Santa F'e mail car. The second charge, which is divided into three counts, is that on Nov. 8 Gardner stole three sacks of registered mail from an Arizona Eastern mail car at Maricopa; that he removed from one of the sacks a lady's wrist watch :; and that he received and concealed a lady's wrist watch knowing the same to have been stolen.
 The indictments setting forth the offenses with which Gardner is charged were returned by the federal grand jury yesterday afternoon The indictments were placed in the hands of Judge. Sawtelle by Eugene Hack , ett, foreman of the jury, just seven hours after the jury had begun its investigations. Gardned pleaded not , guilty to both charges, his oral plea { being suppiimented by a written plea l entered by his attorney, Carl A Davis.
 That Gardners defense would be based upon allegations of insanity which was rumored for several days before the pleas were entered, was , shown definitely in the written pleas , entered by Attorney Davis for his I client yesterday. The written plea 3 entered in the cases against the ban dit for the Santa Fe and Maricops robberies is as follows:
 Enters Written Plea , Comes now the defendant in the above entitled action, Roy Gardner and enters his plea to the indictment therein, and states as follows, to-wit: 3 1T am not guilty of the crime charged against me, and I ask the :. court to have a jury determine l whether or not I was mentally souns 3 and had a criminal intent at the tims referred to in the indictment.
 Comes now Carl A. Davis, attor- ney for the defendant in the above | entitled action, and in behalf of sai6 defendant alleges as follows, to-wit;
 "Said defendant is not guilty of tht Cffense charged against him, for tht . reason that at the tune referred to 1T the indictment has was mentally un- sound and did not have a crimina ] intent"
 After Gardner had pleaded no s guilty to the first charge and Dayi: h had filed his written plea, the sec. 0 ond charge was read by Thomas A f Flynn, United States district attor' # ney. Davis then asked for time st, plead, in this case-the case of tn q | Maricopa robbery-whereupon .Judgi : Sawtelle told him 10 enter a plea an, : to follow it with a written demurrer
 Gardned then pleaded not guilty ant o Davis announced that he would file { d demburrer, as had been recommends = by Judge Sawtelle. He was give e two days in which to prepare tn Is demurrer, and the United States at ,e torney was given an additional tw Is days in which to answer it. In giv d ing the demurrer to Judge Sawtellt . | Davis must make a formal showin n why the two eases should not b !. tried together, United States Attor If ney Flynn having asked that this b j., the procedure.
 Large Crowd in Court Room
 The indictments against Gardne
 were awaited during the entire da
 by an audience which filled the fed
 eral court room and which sat pa
 tiently from g: 30 o'clock in the morn
 ing until late in the afternoon i hopes of seeing the bandit and hi RI wife, Mrs. Florence Gardner. Whil T .J \ Alterations the third floor of the fed
 eral building was filled with visitor
 whose thrills, if. they had any, wer IT crowded into a scant 15 minutes, tf A returning of the indictments and tf re arraignment of the prisoner tahin ls scarce that long.
 eu When court convened in the morr on ing, Judge Sawtelle summoned il rt jury, the roll was called and the or Flynn passed them. Davis for u
 defendant, then asked the jury co ee lectively the following series of que F tions, to which they answered al: re collectively:
 as Are you citizens of the Unite ne States? oo Are you residents of Arizona :? re Are you quauified to serve ; tst jurors?
 Are you personally acquafnt,
  re Do you know the facts in this ca ho of your own knowledge, or have v ve the facts from any one purporting
 know them?
 DO you feel any bias or prejudi - in this case?
 |" Do you know any reason why v |. should not serve as jurymen in tn
 case?'
 Jury Reports at
 Satisfactory answers having be-
 returned to the foregoing question | Davis passed the jury, which ther upon began it's consideration of u
 charges brought by the United Stat
 attorney.
 4 There was no further action in | k8 case until about f o'clock, when t
 jury notified Judge Sawtelle that M was ready to report, J. F. Dillo lH United States marshal, then went . the county jail for Gardner, returnil
 with him about 5:30 o'clock. Gar = ner was handcuffed and was smolii
 a cigarette as he alighted from t
 automobile at the federal buildi