Arizona republican., 1921-12-06

still showed a rich auburn, sat at the defendants table with Mrs. Gardner and his attorney. Carl H. Davis. With United States Attorney Flynn was John H. Langston, assistant United States attorney, who, conducted the examination of veniremen for the government
 After the veniremen, 29 in number, had been sworn, Langston read the complaint against Gardner in the Maricopa case, in which the defend ant is accused in three counts of taking mail from a Southern Pacific mail car, of taking a mail pouch from the same car, and of having in his possession a registered article taken from one of the distracted pouches.
 Five Veniremen failed to qualify as jurymen because of preconceived opinion as to the guilt or innocence of the defendant. These were Henry George, spring manufacturers; W. K. James, George Goggins, real esate dealer A. L. Uhler, secretary of the Merchants and Manufacturers asso- citation, and James A. Johnson, cat tleman.
 When the requisite 2S qualified jurors had been selected the govern ment exercised its right of six chal- lenges and the defense its perogative of 10 challenges, which left the jury consisting of the following members:
 The Jury
 D. F. Irwin, farmer; w. R. Der tram, electrical contractor; l.. w. Saddler, insurance agent; l.. J. Pad dock, manufacturer; s. W. Wilcox, lumberman: J. H. Wagoner, farmer; c. J. Condon, automobile mechanic; J. D. Miller, rancher; Victor K. Brooks, farmer; Fred A. Porter, har- ness manufacturer; A. S. Campbell, carpenter and contraStor, and A. L. West, farmer.
 The jury was sworn in, and then Langston again read the Indictment against Gardner. Judge Sawtelle, in view of a demurrer entered by Davis at the time of the arraignment of Gardner, asked that a new plea be entered. Two written pleas of the same tenor, one signed by Gardner and the other by Davis. in which the defendant declared himself not guilty and asked that an inquiry be made into his sanity. were read by Clerk McFall. The pleas having been read, Flynn opened the case for the government by presenting written statement by one of the govern ment's witnesses, Mrs. E. P. Janney of Salt Lake City, who was not able to attend the trial, and whose testi- mony was contained in the state ment.
 Identify Stolen Watch This first testimony concerned woman's wrist watch which Gardner | is said to have given as security fol board and room, and which is al | legged by the government to have | been stolen from one of the mai | pouches taken from the Southern l Pacific mail car at Maricopa- Mrs | Janneys testimony was to the effec | that she sent the watch in regis | tered package from Salt Lake City on October 31, 1921, to Mrs. B. D | Phillips of Hayden.
 l Flynn, without commenting upoI l this testimony, then read another ! statement from J. M. Caffall, reg istry clerk in the postoffice at Sal l Lake City, in which it was declared that he had received a registered i package from Mrs. Janney on th' l day named.
 The first personal witness for th' l government then took the stand wheI 1 Mrs. B. E. Phillips of Hayden, owne | of the watch in question, was sworI l in. She said that Mrs. Janney wa her sister-in-l Jaw, and that she hat | visited in Hayden in September an' | October and that she had taken tn 1 watch to Salt Lake City after 1t ha'
 been loaned to her for the trip. Mrs Phillips then described the watch am I identified it when it was shown t
 her. The watch was then made tn lgovernment's first exhibit. Mrs. Phil
 lips was not cross examined by tn
 defense.