Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-11-23

terday were enlivened by the arrest Of one
OF the witnesses for the defense. An in
vestigation proved that an oVer-zealous
officer was responsible for the occurrence.
1t is believed that the attorneys for the
prisoners are nearly through with their evil
dence.
CHICAGO, November %. : During the
noon recess of the Cronin trial Budenbend-
er, the witness from Hoboken, N. j., who
yesterday testified that it was not white
horse which took Dr.. Cronin away May 4,
was arrested. Officer Lindville, with his
prisoner, was at the corner of Clark and
Michigan streets, going to the State Attor-
ney's Office, when Mr.. Qualey, one of the
counsel for the defense, and Mr. Forests
clerk endeavored to take the prisoner away.
A crowd soon collected, but the prisoner was
safely landed in the State Attorneys Office.
As he was ascending the steps on the west
side of the Criminal Court building, Mr..
Qualey shouted to Budenbender that he
would be taken care of, and to keep his
mouth shut.
At the opening Of the afternoon session
Mr. Forrest, for the defense, asked that the
jury be excluded from the room. When
this was done he brought up the matter of
the taking of witness Budenbender on
forthwith subpoena to the States Attorneys
office during the courts recess. He~said
that Budenbender, after testifying as to the
color of the horse which drew DIR. Crnnin
awav Saturday afternoon, was served with
subpoena to appear as witness on behalf
of the State; that he (Forrest) called on
the States Attorney last evening and told
him that
HE WOULD KEEP BUDENBENDER
in the city till the State had finished with
him; that the States Attorney this morning
notified him that he would want Buden-
bender in court this afternoon, and that he
did not care to see him before that time. In
spite of this stipulation, however, Mr.. For
rest said, Budenbender had been foreibly
and illegally, and in the face of protest on
behalf of the defense. taken to the States
Attorneys Office during the recess of court.
He submitted that everybody connected with
the affair was guilty of contempt of court.
State-Attorney Longenecker said that he
had thought it advisable to have Buden-
bender summond in the regular way, outside
of court. He understood that an officer had
a subpoena last evening before the talk with
Mr.. Forrest, and that this person had been
looking for Budenbender since that time.
The States Attorney said he knew nothing
about this officer beyond that, and the fact
that the witness was brought in. He knew
nothing of the matter until after it had
occurred, and was sorry that it had taken
place.
AN INDIGNANT JUDGE.
n
or whoever was guilty of the outrage, if out
rage was committed, is to be punished in
some manner, if he laid forcible hands on
the witness, is unquestionable, and if this
court can reach the officer, after being
satisfied that such is the case, whether police
officers OF not, they will be punished"
Budenbender was then sworn and told his |
story of the transaction. He said he was
subpenaed to appear at 8 o'clock, and in |
tended to obey the summons He was in the |
Sherman House at 1890 o'clock, in COM
pany with Mr.. Forests clerk, when an |
officer served him with a forthwith |
him under penalty of being taken in
patrol wagon.
On the way they met Mr.. Qualey, one of |
the attorneys for the defense, and struggle |
ensued, Mr.. Qualey disputing the officers
right to take the witness. The officer said
to witness, "You are my prisoner" The
witness was taken to the States Attorneys
office, where, at Mr.. Mills request, he
stepped into an inclosure.
Mr.. Mills-'May it please your Honor,
desire to inquire so as to be Informed of the
nature of this Inquiry. Certainly the in
quiry should be defined"
THE COURTS OBJECT.
The Court-'The object of this particular
inquiry, so far as this Court is concerned, is
to ascertain whether or not anyone, whether
police officer or otherwise, has pretended TO
serve subpoena of this court by arresting
a man, and bringing him here by forcible
means, when he is under attendance of the
court in regular way"
Mr.. Hynes suggested that, as the matter
occurred outside of the court, oral testi-
mony could not be taken and the hearing
must be based on an affidavit and the Court
was inclined to think that that would be the
more regular way; but without any definite
result being reached, the discussion
branched of to the matter of the Lynch
deposition. Mr.. Forrest said he had gone
to Mr.. Lynch's house, where he was in
formed that Mr.. Lvch had recovered and
was out. The lady whom he saw said she
would endeayor to have him in court at 8
o'clock.
The Budenbender matter then came up
again, and Mr.. Forrest said he did not in
tend to proceed any further with it.
NO WRONG INTENDED.
The Court said he doubted whether he
had jurisdiction. These men were police
officers, aud it was probably merely case
of fover-oficiousness. Then the talk branched
of, the State accusing the defense OF unfair
means in order to bring Mrs. HoerteI to
their office, and the defense making like
accusation against the State in relation to
one of the Hylands. A disclaimer was put
in in both cases by the accused parties.
Then Officer LindeviIle, who took Buden-
bender to the States Attorney Office, was
put on the stand and told his side of the
story. He exhibited the subpoena, and said
hat Ben Williams, the man in charge of
he squad detailed on this case by the chief
,f police, told him to find Budenbender and
AXE him to the States Attorneys office.
The rest of the story coincided with that
llready told, except that the witness said | i
hat Budenbender came with him willingly
Ind that force WBs not used.
Attorney QualeY, who had advised Buden-
bender not to go with the officer, was the
lext witness. He testified that the officer
lad threatened to call the patrol wagon and
lad used force to take Budenbender.
LITTLE DECEPTION.