Arizona republican., 1921-12-08

 over his face, and his gun and scab- bard.
 When the bullets from his gun were presented to him he identified them. Two of them had wooden heads, filled with shot, while the other three were leaden. He ex- plained that he carried the wooden headed bullets to intimidate mail clerks, and he was afraid that he might hit a clerk with the leaden ones. He declared that he would have surrendered if, after using the wooden bullets, he was unable to ef- feet his purpose. He described how he had sensed a currency shipment in the postoffice on the afternoon of the robbery when two bank messen- gers entered with a familiar-looking package, and how he had followed them to the bank to assure himself that the package really did contain money.
 After some other testimony con- cerning this robbery, Davis reexam- ined him, and during this testimony Gardner told of how he was stabbed in the back by a Mexican during a riot in San Quentin penitentiary, California. He had gone to the as- sistance of an officer, he said, when Iie was WOQIlueQ, anu lAdl this officer he was subsequently pa roled.
 Ignores Man-Made Laws
 Again he took up his religious be- liefs, saying that he did not believe it wrong not to return the mail sacks to the government, as he did not think it his duty to obey man. made laws. If these laws, he said, con- flict with instructions from the spir- its, the former must be disregarded During his re- cross -examination by Attorney Flynn he entered on a long discussion of his beliefs, ending with his declaration that he thought mur- der the only crime.
 At one point Judge Sawtelle asked him:
 DO understand that if you were acquitted of all the charges against you, you would consider yourself at liberty to go out and rob right and left?"
 Judge Sawtelle." replied Gardner, I am not amenable to your laws, and I am not going to be on this plane very long, anyhow I have no respect for the law
 This ended Gardner's testimony The next witness for the defense was c. P. Shell, an attorney, who had known Gardner in San Francisco previous to his marriage, and who had assisted him to get employment in the Mare Island navy yard. Gard ner remained there, the witness said, until the police officer who had ar rested him for the crime that resulted in his being sentenced to San Quen- tin recognized him and had him dis charged. He said that Gardner had been honest and reliable with him.
 Experts Testify Davis followed Shell with the in troductiOn of his expert testimony with regard to Gardners sanity. He presented, first a deposition from Dr. w. F. Bowman of Los Angeles con- corning X-ray pictures taken in Phoenix a week ago of Gardner s head. His deposition said that the | pictures showed that Gardner has an unusually thick skull. and that it seemed to have thickened at the | point where he had been struck in 1 Bisbee. He could not tell whether | the skull had been fractured, but he l said that this was no sign that a l fracture had not occurred Attorney Flynn followed this with | letter written by the same physi- l elan a year ago in which he declared l that there was no evidence of any l SKULL lnJuCy III NIdIuIleI s n6dQ-lnS thick skull having no clinical signifi- canoe.
 Dr. George A. Bridges of Bisbee chief surgeon for the Copper Queer hospital there, then took the stand l and testified from the hospital rec ords that Gardner has been admitted | to the institution on March 26. 1908 | with a fractured skull sustained ir 1 the Lowell mine. He was operated l upon, the witness testified, and dis charged in an improved condition or April 6.
 The defense then presented fiv, X-ray plates of Gardner's head whicl had been taken by pr. Bowman. Dr | Harry l.. Goss, of the Goss Patholog | ical laboratory followed. He had sev. eraI X-ray films of Gardner's head which he exhibited in an exposure box to the jury. Dr. Ray Ferguson superintendent of the Arizona stat' hospital for the insane. then took tho stand. After he had outlined his ex. perience with insanity cases. Davis | propounded a hypothetical question | to which Attorney Flynn and his as l sistant, John H. Langston. objected 1 Judge Sawtelle then ordered Davis tC put the question in writing, sayinE | that he would rule upon it this morn ing after both sides had considered it. This brought the third day O the trial to a close.