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Show FINAL EFFORT IS EXERTED TO SAVEfflllEB Judge Hansen Signs Bill of Exceptions In Case of , Convicted Slayer; "Next .Friend Takes Appeal ' "Th law must take Its course." ' This wss ths comment of Governor Gov-ernor Charlsa R. Mabey, today, following fol-lowing . proceedings taken yeeter- day when Judge Ephralm Hansen i signed a bill fo exceptions la the I ess of George Gardner sentenced j to e executed on August II for the slsylng of Deputy Sheriff Gordon Gor-don Stuart near Welby April II, ls.f- . , The proceeding - before Judge Hansen In tha district 'court form a final effort to aave Gardner from the firing squad. He hee thrice been sentenced to death. The appeal, ap-peal, aa Instituted by Louie Shef-skl. Shef-skl. aeeQardner'a "next friend." Is baaed on questions of law and fact Including the denlel for a new trial asked for on July IT, when the convicted slayer, through his- attorney, at-torney, tried to convince the court that he was Insane. Witnesses, Including th eherlff. testified thst Gardner waa not of uneound mind. The fact that Judge Hansen haa signed a bill of exceptions. It Is ssid, will carry no weight, unless he signs a certificate of probable cause. Such certificate muet be aimed elthi hv the trial hidM or a Juetlc of th lupreme court before be-fore th caae can come up aa one on appeal from th eupreme court. DOES NOT STAY EXECUTION. To be more explicit. It la 1 explained, ex-plained, that th mere filing of the agpeal to th eupreme court from th kcta of Judge Hanaen denying motion for a new trial and for a jury Investigation Into Gardner aanlty, do not atay th execution without th filing of tha certificate of probable cauae. Gardner's a p pee I, It la pointed out, haa already loeen before the eupreme eu-preme court. That body affirmed the decision of the trial court. . It la pointed out that when the lower court -refused to allow a trial by Jury ae- to the aanlty or Gardner and that matter waa pasaed upon-by the aherlff afterward after-ward who atudiad the caae under the order, of the court aa to the aanlty of the condemned mam, that ended the matter, and It la aald that all of the legal potnto peaat-ble peaat-ble have been resorted to in order to aave him from" being executed. It la a ! pointed out that It la not Gardner who la making the appeal In thla instance, but a next friend, and It la declared that rto heat friend can possibly Intervene new NEW QUESTION. Th BUHtlfM 4m a.-. 11 It la question, that haa never before been presented In the atate, and the supreme court haa never made a declalon that would reach the case in any way. hTe board of pardona haa heard the appeal for clemency: the governor gov-ernor haa had a apecial Jury of eaperts to pase upon the sanity of Gardner, and that Jury pronounced pro-nounced him eane: a reprieve boa been granted by the governor in order that the aanlty of Gardner might be tried out, and the lower court haa passed upon the caae. It la believed about the capltol that everything possible baa been done and that all legal resource have ; been tried out. Gardner la In the county jail and will remain there until th day preceding hla execution, providing pro-viding the eupreme court doea not take cognizance of the appeal. |