The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1922-10-13

a1 ~
ROY GARDNER, AMERICAS
SLIPPERIEST PRISONER.
BY NEA Service
Leavenworth, Kan, Oct. 13.-Does
Uncle Sam keep his word with mail
train bandit? f.
Roy Gardner, mail bandit, and Slip
priest prisoner federal officers have
tried to make "stay put" wants to
know. It may mean that he will be
transformed from the most closely
watched inmate of the federal peni-
tentiary here into model prisoner.
After the most picturesque career
of banditry and thrilling escapes the
country has known for decade,
Gardner last fall was sentenced to
serve 25 years at Leavenworth
prison. This was after McNeill's
Island federal prison had been un-
able to confine him.
"Judge, l will 60, and will give
my word not to escape this time if
you will promise that be permitted
to undergo an operation to make my
brain function right" pledged Gard
ner, when a federal Judge at Phoe-
nix, Ariz., sentenced him.
No Operation Yet
Gardner says the Judge agreed.
Gardner came here, went to work in
the tailor shop, and has been a
model prisoner. a =, .M =.
So far, there has been no opera
ton. 's.1.
Judge William Sawtelle, who SEN
fenced Gardner, said he made no
such promise. Harry NJ. Dauzherty,
attorney general, refuses to grant
permission for the operation. But
Gardner and his wife insist the
promise was made, and they con-
tinue the fight to have surgeons seek
to stifle his criminal, impulses.
| Before Attorney General Daugher.
ty are statements of reputable sur
geons that they can cut into Gard
ners skull and raise any portion
that made be pressing upon his brain.
These are supplemented by state
ments of Gardner's friends that they
believe such an operation would re-
move crime actions.
Daugherty also has the report of
the Leavenworth prison physician
that Gardner is not different from
other prisoners. An operation, the
physician contends, would not
change Gardner's physical or mental
condition.
Supporting the physician is a re-
port from Heber H. Votaw, brother
in-law of President Harding and su-
perintendent Of federal prisons. Vo-
taw abides by the decision of the
prison physician.
Unless Daugherty himself issues
the order, the operation will not be
performed.
Wife Still Hopeful
But Dolly Gardner, the bandits
pretty wife, has not given up. When
she gets the necessary funds, she
will 70 from her home at Napa, CAL,
to Washington to press her plea.
Both she and Gardner say the money
is ready to finance the operation.
Neither will divulge its source, how
ever.
Recently $3.50 was sent to the
prison warden an an anonymous let
ter stating it was to finance the
operation.
II have moral right to be nor-
NAL, and thus be able to live
straight, even though I do have to
remain in prison." declares Gardner.
II believe that without part Of my
skull pressing on certain part Ut
nv brain, l would not be swept by
criminal impulses.
"A blow on the head, as l fell from
horse, caused the trouble. That
was when, was a boy in Missouri.
AS years went by, changed from a
model youth in Chillicothe, Mo-, to s
lawbreaker.
81 could not control the impulse TO
hold up trains and escape from
prison. 1t drove me to taking des-
| perate chances"
Pleasant Chap
Gardner has a pleasant person
atty and is of high intelligence.
He was idolized at one of the Dig
San Francisco shipyards, where he
had charge of an important depart
ment during the war. After his first
escape from federal officers, he won
much sympathy in the west when he
returned to California to surrender.
Finding officers sought to capture
him and, thus get the reward Gard
ner thought should 50 to his wlfa
and child, he eluded them. A few
days later, a mail train was robbed:
Gardner was arrested and sentenced
to McNeil's Island.
"He'll go far away now, and 60
straight. Good luck to him. was
the oft-ekpressed sentiment after
his many escapes Gardners
refusal to shoot during holdups
or escapes was a peculiar trait that
struck popular fancy. He was held
to be "good man gone wrong
Then came an order putting
marine guards on mail trains and in
postoffices. This was direct chal-
lenge to Gardner's perverted i'm
pulses, says his attorneys. He could
not resist, even though his future
liberty was practically assured by