Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1921-11-17

Phoenix, Ariz.. Nov. 16.--Roy
Gardner, convicted mail robber
who escaped from the federal pris-
on McNeil's Island, Wash, on Sep
tember 5, and who was captured
by Il mail clerk at the Atchison,
Topeka and Santa Fe railway sta
ton here last night, was held to
await action of the United States
district court here today when he
was arraigned before j. b. Henke,
United States commissioner.
Commissioner Henke fixed Card
ner's bond at 100000 and then
asked him the customary question
regarding his ability to furnish that
amount
81 think l can make it," Gardner
remarked.
Court Room Packed.
The United States district court
room where today's hearing was
conducted was packed with men
and women anxious to see Gardner
while hundreds of others waited in
the corridors and outside the fed
eral building for glimpse of him.
Gardner told the commissioner
that he had no attorney and no
money with which to employ one
but that he would like to have
counsel. The commissioner told
him he was not authorized to ap-
point counsel but he would be en-
titled to free legal advice in the
district court Then Gardner said
he would waive the right to coun-
sci if the section of the law under
L.; ;aI, al a inf lugfnGt n i'm
VIZ drawn was read to him. The
complaint charged him with at
tempting to rob the United States
mails and with assaulting a United
States mail clerk.
Offers No Evidence.
The prisoner acted as his own at
tOrney at the hearing and ques-
toned all but one o fthe prosecu-
ton witnesses. He said he did not
want to offer any evidence in his
own behalf.
Herman f. Inderlied Of Phoenix,
the mail clerk who was in charge
of the car and who captured Gard
ner, was the first witness. He told
of goins to the car to prepare TO
go out on his run. He said he got
in and helped put the mail on
board. Then he changed his
clothes, laying his revolver on a
table while he did So Afterwards,
a about ten minutes before the train
was due to leave for Los Angeles,
he got out to get the mail from
drop box at the station, leaving
hi; revolver on the t Ole.
Didn't Hold Up Hands.
When he returned to the car, he
said, he was confronted by a
masked man who pointed q revolt
yer towards him and ordered him
to hold up his hands and to back
into the corner.
II started backing but didn't
h,lt up my hands" he said. "AN
the time | was tryinS to convince
the masked man that there was
nothing of value in the mail in my
car / don't know why l didn't
held up my hands,
When he got into the corner, he
said, tie bandit ordered him to lie
down on his stomach and he start
ed to do so. AS he started to get
down, he said, the bandit put his
hand on the back of Inderlied's
head and showed him. Then, he
said, he started to stralghten up
but only got high enough to see
the gun held in the others hand.
Il made a grab for 1t and got
his wrist" Inderlied testified.
"Then we started scuffling and
wrestling"
Help Arrives.
Finally, he testified, the bandit
changed the gun from his right
hand to his let and tried to club,
the clerk with it but Underlied
caught that hand. At last, he said,
both fell down and continued
wrestling but finally he got on top
of the bandit and got pt session
of the gun. About that time, he
testified, help arrived in response
to his calls.
In reply to questions asked by
Gardner, Inderlied admitted that
the bandit had numerous chances
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