Arizona republican., 1921-12-09
:ical question. Judge sawtelle


 ism which is either for or against the defendant"
 Dr. Ferguson then testified. He said that he had examined Gardner as to his mental condition on the morning of Nov. 8 and that his exam ination had included a scrutiny of the defendant in the court room on Wednesday. "A condensed summary of the chief questions submitted to him by Davis follow:
 Had Roy Gardner the ability to distinguish between right and wrong at the time of the crime charged in the indictment?
 No.
 of the crime charged in the indict- ment by an insane delusion?
 He was.
 Preparing for "life to Come"
 Were his acts at the time of the indictment caused by an impaired brain?
 To this last question the witness replied that ae had no evidence lead ing him to believe that the defendant was led to the commission by the robbery by an impulse which was too strong to be resisted.
 Dr. Ferguson, in elaborating his testimony, said that one of the chief reasons for believing that Gardner is mentally unbalanced came from Gardner's declaration to him that he committed his robberies in an effort to obtain money enough to permit him to engage in the development of himself foi the spiritual life to come.
 John H. Langston, assistant United tot a@% examination of the witness. He be- gan by asking the court to permit the defense 70 introduce all of its testimony concerning Gardner's san ity before the government should be- gin its cToss-examination,s saying the government desired a little time in which to prepare its questions. This permission was not granted by the court, and Langston began his cross questioning.
 During his examination by the gov ernment, pr. Ferguson said that Gardner's unbalanced mental condi- ton is shown by his poor judgment which Is always sign of insanity; by his disrespect for the law, which is sign either of insanity or vicious criminality; and by his restlessness and irritability. The imperfection of his plans and his lack of preparation for his various criminal ventures were also aduced by the witness as proofs of mental abnormality. He ended his testimony by a declaration that he did not consider that the injury to Gardner's head, sustained by him in Bisbee in 1908. had had any i'll ef- fects upon his mental condition.
 Supports Insanity Claim
 Dr. Thomas I Crrnry,fnOx f0vv,, superintendent of the Arizona State Hospital for the Insane, testified sub stantially as had Dr. Ferguson, Da- wis using the hypothetical question, which was typewriter. as a guide to his interrogatories. The four chief questions, which were answered by the expert without hesitation, were. as before, concerned with Gardner's responsibility. delusions, irresistible impulses and inability to distinguish right from wrong.
 pr. Marcel Chiasson, member of the medical staff of the Arizona state hospital for the insahe, testified as had the two preceding witnesses He was followed on the stand by Dr. Win Wiley. medico-legal expert, who de- clared that Gardner was a subject of insane delusions on Nov. and that it was his opinion that the thickening of Gardner's skull at the place where 1t had fractured in Bisbee was real bone growth pressing on the brain and not callous. He also testified that it was his opinion that Gardner on Nov. was incapable of telling right from wrong.
 Dr. Charles A. Swanson, who is in charge of the male division at the Arizona state hospital for the insane testified that he ner in the course of an interview had with him in the county jail. He as- swered the questions of Davis as had the other experts, but said that he did not think that Gardner's skull in- jury had had any effect on his mental condition
 During Dr. Swanson's cross -exa,ni- nation by Langston he was asked the following question:
 Would Be Admitted to Hospital
 Would you think as a member oi the staff of the insane asylum that anyone who made such statements as Gardner did to you. and made them in as brief a conversation as you had with him, should be admitted to the insane asylum2'
 Dr. Swanson said: "Yes"
 If a patient in the asylum were being examined by you for discharge from the institution and made such statements as Gardned did, would you refuse to discharge such a patient ?''
 At least" said Dr. Swanson, q would keep him for further examina- tion."
 '1f Gardner, as you have testified, said that he is under the direction of two controls. whom he designated as good and evil, how can you say that he has no knowledge of the difference of right and wrong, for this knowI- edge is necessary to his differentia- tion of the two controls?"
 'T do not know how he distin- guishes one from the other" pr. Swanson replied.
 pr. Mary L. Neff, expert in nervous and mental diseases, then took the stand. She began her testimony by explaining that during her career as q physician she had made a speciality of psychological studies of insane patients with special reference to ex- aminations of their deiusions and abilities with a view to understand ing and assisting them. She did not believe, she said, in the theory of re- 1 tained expert witnesses, holding tha, experts should be selected by the court without reference to either the defense or the prosecution. She fol- lowed this, in turn, with a statement l to the jury that she had examined Gardner's mental condition before 4 was known that he was to be tried in ! Phoenix.
 Believes Gardner Sincere T- A- ,f,---