Tonopah bonanza. [volume] (Butler City [i.e. Butler], Nev.) 1901-1909, 1907-09-21
EDITORIAL COMMENT
THE Laws DELAYS AND INSTALLATIONS

Most of the long memoried residents OF the bay cities have forgotten
the conviction of Alexander q. Garrnett of the murder Of Major Nc
Chung in the presence of Mrs. Lily H. Colt in her rooms in the Palace
hotel, which a one of the sensations of the times. The murder was
undoubtedly prompted by jealousy and the dupleiy Of the woman in the
case who was playing fast and loose with Garnett and McClung, the latter
a married mar we'll advanced in years The memory of the crime has
been revived by the publication of the fact that during all the years that
have interviewed since the crime was committed and the conviction and
sentence to fifteen years servtude in San Quentin of Garnett was secured,
the latter has been enjoying liberty IN bal pending a appeal when nad
been allowed to sIumber on the court records. Possibly it might have
been allowed to slumber indefinitely, if Garnett had not applied for a
writ of habeas corpus to release him from the color of the restraint under
which he was wrestling, on the ground that the records of the case in the
Francisco.
All of the parties concerned in the crime wer conspicuous in San
Francisco society The woman in the case was the only daughter OF Dr.
Hitchcock, a pioneer of San Francisco Lily Hitchcock, in the days of the
volunteer fire department of San Francisco, was the idol of its members
because she always turned out with the machine" at every alarm Of
fire, for which she had a special craze. was regarded as the departments
mascot and was rewarded by the volunteers with honorary membership in
the organization. When she reached the age of maturity she won the
affections of Howard Colt the most popular caller the San Francisco
ties and divorce followed years afterwards, to the surprise Of society,
and, later, Colt died. honored by his associates Subsequently came the
tragedy in the Palace hotel which brought Lily Hitchcock once more into
the limehght of publicity But she evaded any further notorety in the
murder of Mcclung by putting herself outside the jurisdiction of Ameri
courts n her legal processes by taking up her residenee IN PARIS
If she had been hailed before the court as a witness Garnet would prob
ably have been sentenced to the gaiows or freed-as it was he obtained
a light sentence OF Imprisonment in the penitentiary' which he has sue
ceeded in evading up to date
The convicted slayer of Major McClung is a on of Louis A Garnetta
who once held a responsible position in the United States mint and was
subsequently, the head Of the San Francisco Smelling and Refining
Works, which position he lost in 1875 by transferring some 100000
worth Of bullion belonging to Flood and oBnen to the Bank OF Call
fornia' in a vain effort to staye Of the failure OF that institution. The
Garneus We're in those days an influential southern family, and it has
penitentiary. I
But the chief point involved din the Garnett easel nat II eXempHnes
in a marked degree the laws delays and the determinations in its adj
ministraion which furnish food for the fattening of socianstic and
anarchstic discomfort. If the death of McClung had been due to the act
of any ordinary mortal possessed of no family influence II association
outcome would certainly not have been postponed long enough for the
recollection of it to pass out Of the public memory. The delays in the ex-
ecuton of judgments in our criminal jurisprudence is, in fact, becoming a
byword of reproach among civilized nations. as is demonstrated in the &c
cent statement made by the chief lord Justice Of Ireland in his COM
ments Oh the Standard OIL conviction for unlawful rebatng and the $29r
100000 fine imposed upon it as a penalty by United States Circuit Court
Judge Lands, when he explained how quickly the appeal and the colec-
ton of the Judgment would be disposed of in ireland in a similar case
The laws delays and judicial Determinations are. in fact, a blot o our
whole system of jurisprudence and call loudly for reform. They grow,
undoubtedly, out of the false notion which has gained control of our
jurisprudence that it is better for 4 dozen real criminals to escape than
that one doubtfuly guilty should suner.-Oakland Tribune.