Evening star., 1948-06-02
Garner Defense Rests;
Brothers Fail 10 Take
Stand Before Jury

Without placing the defendants on
the witness stand before the jury,
! he defense in the Garner brothers
murder trial in District Court rested
its case shortly after noon today.
The defendants. however, had tes-
tilted earlier in the trial with the
jury excluded from the courtroom in
support of their claim that police
had beaten them to obtain confes-
Sions.
The defendants are George A.
Garner, Is, of the first block of Han
over street NV, and Lawrence j.
Garner. %. of the 2100 block of
Luke street NV. Both are colored.
The jury today heard conflicting
testimony about the mental condi-
ton of the accused. DR.. Norman
Taub, st. Elizabeths Hospital physi-
clan, who has specialized in psychi-
airy, testified that George is OF
sound mind.
Examined at District Jail.
Dr.. Taub said that he examined
George at District Jail March 4 and
S with DR.. Bernard A. Cruvant, an
other st. Elizabeths Hospital physi-
clan. DR.. Taub asserted that he
found George was not suffering
from psychosis.'
The physician told the prosecutor
his opinion is that on February 27,
the date of the alleged murder,
George knew the difference between
right and wrong.
The maternal grandmother of the
Garner brothers. however, earlier
testified both defendants are of un-
sound mind, but a brother, Edward,
is all right"
Called Her Names.
The grandmother. Mrs. Charity
A. Miles, colored, said that George
called her names, tried to fight her,
had funny feelings" cursed and
swore at her, once threw stones at
her and at another time threw a
knife at her which stuck in a door.
She said Lawrence was very quick
tempered, had very bad manners
towards her at times and used to
act very funny in his younger days -
Mrs. Princess L. Hall of the super
intendent's Office of st. Elizabeth's
Hospital, produced records showing
Edward j. Garner was admitted
there in April, 1945, and discharged
in March, 1947 The defense says
he is the father of the defendants
and that insanity runs in the family.
Charges Delusions.
A defense psychiatrist, Dr. Oscar
Legault, 1101 Trenton place Sc,
yesterday told Justice Richmond B.
Keech and the jury that George
suffers from delusions.
The psychiatrist said that, since
George has been in District Jail, he
is afraid to go to sleep, since he
fears the murdered cab driver will
wake him up.
In continuing, the contention of
delusions, Dr.. Legault said George
told him the taxi driver once hit
him in the ear and made it bleed
and demands his watch back.
Government evidence is that
police recovered the watch of the
victim when George was arrested
in his room.
DR.. Legault testified he pre-
sumes" George was mentally able
to plan to rob and kill the driver.
Based on Conversation.
In telling Justice Keech and the
jury that George is suffering from
schizophrenic paranoia, DR.. Legault
conceded he based his opinion
largely on what the defendant told
him. He said this on cross -examina-
ton py Mr.. Mclaughlin.
The doctor declared George would
not have the normal deterrent from
killing a man, owing to his mental
condition. The psychiatrist defined
unsound mind as q condition of
abnormality but not necessarily in
sanity.
DR. Martin L. Cannon, District
Jail physician, yesterday afternoon
testified he examined the brothers
on March and found Lawrence had
several bruises about the body. hut
none on his face. The only thing
found on George was small abra-
sion on his left leg. Defense wit
nesses have testified the brothers
were beaten to make them confess.