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Show GARDNER CASE, APPEAL WILL MEET ATTACK - - - Aitant Attorney General Gener-al Declare Claim for Writ of Probable Cause Lacks Bati Under Laws' Should the appeal extraordinary from the decfeion of Judge Ephralm Hanaon of (ha Third district court denying a jury trial for tba examination exami-nation of tba marital atata of George JI. Gardner, convicted murderer of Deputy Rheriff Gordon SUiart, b filed with tba atata supreols court a a motion to dlamlaa the appeal would be made promptly by Asslst-ant Asslst-ant Attorney General W. H. Farr, " a aid 'hi. moraine. Ma effort baa yet been made to aecure the signs-tura-of a euprerhe court Judgs to t tba certlflcata of probable cause which Judge Hanaon refuted to sign yesterday. Mr. Karr expressed the opinion (hat the matters upon which the S appeal la baaed are not appealable under the statutes. Were they appealable, ap-pealable, ha said, a series of ep-peala ep-peala could be made following each verdict and declalon af the ques-tlona ques-tlona Involved and there would never be any execution of a death eentence. |