Arizona republican., 1921-12-13
.GARDNERPLEADS. GUILTY TO MAIL.
 THEFT CHARGE; GIVEN 25 YEARS

UIuEu LU IEiuIOl Fight For Freedom On In-
 sanity Claim Ends When
 Bandit Admits Assault
 On Mail Clerk
 Roy c. Gardner. mail bandit whose career in California and | Arizona brought him notoriety all l through the West but never resulted | n his winning a dime for himself. l pleaded guilty in the United States district court yesterday afternoon to aL charge of having assaulted Herman F. Inderlied a railway mail clerk. and attempted to rob the latter's mail car on the evening of November 15. Judge II. Sawtelle immediately sem fenced him to serve 25 years in the federal penitentiary at Leavenworth. Kans., bringing the total number or years assessed against the bandit to 75, of which SC were given him in California;
 Gardner's action. except to those who were intimately concerned in it, came as a complete surprise. A jury which had deliberated upon another charge against him-that of having robbed an Arizona Eastern mail car at Maricopa on the morning of Mo- vember 3-had been discharged by Judge Sawtelle Sunday afternoon after having failed to reach a verdict in IS hours. and 1t was believed con fidently that the bandit would con- tinue his fight in the federal court to be adjudged insane.
 After a conference yesterday after noon. however. between Judge Saw teile, Thomas A. Flynn. United States district attorney. and Carl A. Davis. Gardner's attorney. court was sud- denly convened and Gardner was brought in. His plea of not guilty to the attempted assault and robbery at Phoenix was withdrawn, and plea Of guilty entered. Judge Sawtelle then asked Gardner If he desired to say anything why sentence should not be passed against him. and he intimated that there was nothing. He was then sentenced to serve % years in the federal penitentiary at Leavenworth. a penalty which is fixed by the law for assault with a deadly weapon upon a mail clerk. and which Is not discretionary with the judge.
 Need Not Serve Full Time
 In sentencing Gardner. Judge Saw telle told him that his being sent to Leavenworth, where he will also serve the otier sentences against him. did not mean that he would have to spend 75 years there. but that his conduct would determine the length of his punishment.
 If you change your mental attitude I-- ..4 ,+r-x- v Judge Sawtelle said, land you gain different ideas of the rights of others. especially with regard to property. l feel confident that you will have the chance some day to be good citizen. both for your own sake and for the sake of your wife. who has stood by YOU in this case. thus demonstrating her love for and loyalty to you"
 Flynn then moved that the charge against Gardner of having robbed the Arizona Eastern mail car at Mari copa be dismissed. which was done. A request for the return of the ex- hibits which had been used in the Maricopa case was also granted by the judge. who withheld. however. a number of Roentgen-ray plates of Gardner's head which had been used by the defense in the trial of Gardner in this case last week. The plates. it was said by the judge. may be sent to Leavenworth to assist the medical authorities there to determine Gard ner's mental condition and to correct 1t if it is diseased.
 Promises Not To Attempt Escape Before he was taken back to the | county jail. Gardner promised Mar | shal Dillon and other federal officers | that he would make no attempt tc | f.- F~F reaching Leavenworth. and he also gave the postoffice inspectors dia- gram showing where he had concealed three registered mail pouches on the | desert near Maricopa after robbing the mail car there. F. D. Chance postoffice inspector: !. B. Kelly. sDe- ciai agent for the Southern Pacific company. and Fred 4. Weage. United States deputy marshal. will leave early this morning to try and find the | pouches. which contain some firs' class mail. More than 500 letters have been recovered by these officers. whC
 built up the circumstantial evidenc'
 case against Gardner which identifief
 him accurately with the Maricop; irUhheTy.
 Gardner was arrested here on tn
 evening of November 15. when he at
 tempted to hold up Herman 1nder : lied. mail clerk. in a Santa Fe mai , car at the depot. Although Gardne was armed. InderEsd grappled wit
 him. threw him to the floor. and hel
 him until assistance arrived. whe' l the bandit was taken to the city 1ai
 He gave his name as R. F. Nelson
 but early the next morning he wa
 identified as the daring mail robbe
 whose crimes in California. followe
 on two occasions by spectacular es
 capes. had made his name bywor
 throughout the United States. Fl
 admitted his identity at once, an
 was taken in the afternoon befor
 John E. Henke United States commis
 sioner. who bound him over to th
 United States grand jury under
 bond of S101. 900. Before his arraiEn
 ment on November q. the robbery C
 a Southern Pacific car at Maricop
 was definitely traced to him. and a
 his arraignment he pleaded not guilt
 to both charges and asked that q
 examination be made into his sanit,
 His trial had been set for Decembe
 .. 4 jury was quickly obtained, an
 then one of the most interesting crim
 inal actions ever tried in the feder;
 court here was begun. The trii