The San Francisco call., 1903-12-05
MRS. Colt SERVED
WITH SUBPOENA
Detective Ryan Allowed
to Enter Rooms at
Hotel.
Witness TO McClung's Muir
der Willing to GO to
Court.

Mrs. Lillian Hitchcock -Coit> was
served with a subpoena last evening in
her rooms at the Palace Hotel. The
document commands her presence in
the court Of Police Judge Fritz next
Monday morning TO testify in the mur-
der case against Alexander Garnett
charged with feloniously killing Major
J. ". McClung.
Detective T. L. Ryan arrived at the
Palace Hotel at 5 p. m, prepared to
serve the subpoena on Mrs. Colt. and
was met by Attorney H. Creswell and
Dr. de Vecchi.
Attorney Creswell took Detective
Ryan into Mrs Colts room.
Mrs. Colt raised herself from the
bed and listened TO the reading of
the subpoena by Detective Ryan and
accepted the copy Of the document
rendered by the officer.
Il am not able TO leave my bed at
present" said Mrs. Colt to Ryan, but
II I am able TO do so on Monday I will
be in the courtroom as desired
Detective Ryan, accompanied by At
torney Cresweu and Dr. de Vecchi,
then left Mrs. Colts apartment. Dis
trict Attorney Byington arrived at the
hotel Immediately after Ryan had
served the subpoena.
Attorney CreswelI, at the request of
Mrs. Colt, made the following state
Fnent after the subpoena had been
served:
There never has been the slightest intention
on the part OF Mrs Colt 10 evade service OF
s1- ~ sTaso- WcCiune After Ms colt gave
faEr
she was unable 10 sleep or eat for two days
Yesterday when II was stated that an officer
20 serve a subpoena on Mrs Colt, DR.. de
Necchi said IL would be torture for her 10 go
through the ordeal ] telephOned TO Captain
of Detectives Martin and told him what Dr.
ce Aecchi had stated II was then agreed
that the subpoena should be served to-day
while Dr de Necchi did not forbid the serv
ing OF the subpoena. he said that ne would
rather not have g. done. but Mrs. Colt herself
requested that the officer be allowed 10 enter
her rooms and DO his duty.
on behalf Of Mrs. Colt I can state that she
is not contributing any money TO the defense
of Alexander Garnett- Rumor had il that
Mrs Colt was willing 70 exDend $1,000 in his
behalf asked her about the rumor and her
reply 20 me was not a dime
Whether Mrs. Colt will be able 10 appear in
court next Monday depends on what her doc
tor viii say. As 10 the statement that If she
does not 90 70 court the examination OF Gar
nett and witnesses VIII be held in her apart
ments. I presume that every official connected
with the viii behave in a gentlemanly
manner and not ruthlessly intrude into lady's
apartments.
District Attorney Byington said last
evening that no exception would be
made in the case Of Mrs. Colt but that
the law would take its course.
Mrs. Colt is the principal witness
IN this case said Byington. "and her
evidence must be given. If she can
not come TO court il is for the Judge
70 decide whether her testimony shall
he taken in her rOon1S No opa hoe
any right to hint that Mrs. Colt is
likely TO be treated without dignity by
any official connected with this case.
Her rights viii be respected, but she
will be treated the same as any other
witness and the law must take its
course"
The case OF Alexander Garnett on
the charge Of murder viii be called
before Police Judge Fritz at 1880 next
Monday morning.