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Show JUDGE DENIES DELAY WRIT IN GARDUER CASE Condemned Man'a Chance Now Lie In Appeal .to Member of Supreme Court Staying Execution f PROBABLE CAUSE . ! WRIT TURNED DOWN Slayer's Attorney Will Seek Review of Cae by k Higher SUte Court and NLUSJribunal. j Gon H-'CardnT" tart but nj ehanc to ni blmwir from thi flrlm tquad wnt fllmmrln thl morning when Judge Ephrmim Han-eon Han-eon In the Third dleirtct eourt fueed to elgn an application tor a writ of probable cauee preeenled by the condemned man'a attorney. B. P. Arnutron. In a notice of appeal to the eupreme court. Ualeee a member of the aupreme court now hearken to the plea, which la tne convicted alayer' court of laat resort, re-sort, Osrdner will go to hie death .. August l at the atate prlao"-. In refusing to sign the petition of probable cause. Judge Hanson ssid this morning that In his opinion there le not probable cause In Osrd-nef Osrd-nef case and held that the condemned con-demned man had more of a chance than he was entitled to at a preliminary prelimi-nary examination aa to his sanity, one of the polnta set up by the o-fendsnt o-fendsnt ss a treason why his case should be reviewed by the upper court. WILL CARRY CA8E HIGHER. The petition waa presented to Judge Haneon yesterday afternoon - and was undsr advisernent until II o'clock this mofnlng when the decision waa made. Jutiga Hanson had Just made known hie decision when Attorney Armstrong for the defendant, made hla appearance In the court chambere to learn that the petition had been turned down. Although Attorney Armstrong did not say so. be Intimated that he would personally appear before the chief Juatlce of the eupreme court and ask that the writ of probable cauee be received and eigned bv the higher tribunal. It la assumed that ths attorney general will uppear for the atate and ask that, the appeal Too dtemissed. ' ' "v. Judgs Hanson said that h did not believe Gardner'e motion for a new trial made and denied July J7 was appealable snd the only thing he . considered Gardner had been given a fair hearing aa to hla eanlty. The court-pointed out that tho man had been under observation by bherltf Ben R. Harrlee. who testified in hie opinion, the convicted alayer was not insane, but only feigning Insanity Insan-ity to evold the death penalty. On the sheriff" testimony. Judge Hanson Han-son refused to call a Jairy t aiu-. aiu-. Ine Gardner for hla alleged Inoanily. MAV TRV 0. . COURTS. , - Attorney - Armstiong let It be ' known sfter h had been informed thst Judge Hanson had turned a deaf ear to bla writ of probable eause. that ho would carry tne case to the "United Statea district court, where he will moke application for writ 0 habeas corpus, basing his claim on the fact that "the defendant defend-ant Is about to bs executed without due process of law." If the V0'!1 Statea district court falla him. Attorney Armstrong aald he would then appeal to the United Btatee circuit eourt of appeala. Gardner, who was convicted or the slsylng of Deputy Sheriff Gor. don Stuart, la awaiting execution tu be inflicted August i. The crime waa committed April IS. 1!S. and he was sentenced to die on July 14. HI!. Thla execution was stayed by the notice of appeal to the supreme court. The appeal waa denied and Gardner waa taken before Judge Hanson on April 1J. this year, and aentenced to die May . On the eve of the day act for the execution. Governor Mabey eigne a reprieve on representations that the condemned con-demned man waa Insane. Insanity Inveatigatlone were made and con-concluded con-concluded July 27. The court, on report of the sheriff that Gardner waa of aound mind, then fixed tboj date of execution for Auguat II. |