Sit-in Trial Order Ignored By Milliken

A Uniyersity student who was one of 108 persons arrested. last September during a take-over of a campus building has apparently been thwarted in an attempt to cali Gov. William Milliken as a witness in his District Court trial. Mare Van Der Hout, 21, of 1332 Forest Ct, executive vice president of the U-M Student Government Council, wants the governor to recall from the witness stand his conversations on the telephone with U-M President Robben W. Fleming on the night of the Sept. 25 sit-in. Van Der Hout is charged with creating a contention and his trial started today before a jury andi District Court Judge S. J. Elden. A spokesman for Gov. William Milliken said today the state's chief executive would not obey the subpoena. Joseph Gibodeau, the governor's legal adviser, said the executive office was contesting the subpoena on grounds it is invalid and ineffective. Gibodeau said that one objection was that Milliken was not given adequate advance notice of the court hearing today in Ann Arbor. The subpoena was served on the governor at about 5 p.m. Monday in the Capítol parking lot by Steven Nissen, 21, a U-M student. The writ was signed by District Judge S. J. Elden. Gibodeau said there is a question involved of whether a subpoena served on the governor is legally binding. Thegovernorhadnot responded to the subpoena when the trial began at 10 a.m. today. More than 70 of the 108 persons arrested during the demonstration have been found guilty or have pleaded nolo contenderé (no contest) since last f all. Van Der Hout is one of about 15 defendants still to be tried on the contention charge.