New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-11-23
SUBPOENA SERVED BY FORCE.
VARYING THE MON0ToNY OF THE CRoNIN
TRIAL.
THE WITNESS BUDENBENDER CAPTURED BY a
TOO JEALOUS POLICEMAN WHO ALSO
KNOCKS A LAWYER DOWN LOOKING
NARROWLY FOR PERJCRE
ON BOTH SIDES.
IBY TELEGRAPH TO THE TRIBUNE.


Chicago, Nov GA sensational incident Of the
Cronin case occurred outside the Criminal Court
Building shortly after the adjournment OF the court
at noon to-day. An order had been issued by Tie
state Attorney for the dcfeDdanrs witness Buden-
bender who yesterday testified that the horse used
when DR.. Cronin murdered gray instead OF
white.
officer Lindvlle was entrusted with the order and
was told 70 find Budenbender and the summons
on him at The officer arrested his man IN the
Sheman House. An Office boy Of Attorney Forrest
was present. He informed his employer, and
Attorney Qualey rushed over to the sherman House
with blood in his eye. He demanded an explanation
but was told that the man had been served with
subpoena and that he wanted right away. Buden
bender appeared TO be willing to go, but 0ualey foI-
lowed the officer talking TO Budenbender all the way
and impressg upon him the necessity OF keeping MS
mouth shut. Outside the Court House Qualey threw
his arm around Budenbenders neck and tried TO say
something to him. The officer pulled his man away.
Qualey infuriated and struck the officer severe
blow Lindville replied TO this by promptly hitting
pualey in the neck. Some say the blow knocked the
lawyer down. AT this juncture Mr. Mills interfered
and Budenbendcr was safely landed IN the state
Attorneys office.
At the opening Of the afternoon session. Mr. For
rest for the defence asked that the jury be excluded
from the When this was done he said mat
Budenbender, after testifyng 10 the color Of the
horse, was served with subpoena b
a
that he called the Attorney last evening and
told him that he would keep Budenbender in the city
till the state had finished with him, that the Stale
Attorney this morning informed him that he would
want Budenbender in court this afternoon ana that ne
did not care to see him before that time. In spite
of this stipulation however MI Forrest said that
Budenbender had been forclby and illegally, and In
the face Of protest on behalf Of the defence, taken
the state Attorneys Office during the recess OF
court He submitted that everybody connected with
the affair guilty of contempt OF court.
state Attorney Longenecker said that he had
thought it advisable 10 have Budenbender summoned
In the regular way, outside of court. lie under
stood that officer had subpoena last evening
before the talk with Mr. Forrest and that this per
son had been looking for Budenbender
since that time. The state Attorney
said he knew nothing about this officer beyond that
and the fact that the witness was brought in lie
knew nothing OF the matter until after 1t had occurred
and was sorry that had taken place. Judge MeCon-
nell said:
That the officer or whoever guilty of the out
rage an outrage committed. is to be punished IN
manner If he laid forcble hands on the witness
Is unqueSiionable; and If this court can rea;h te
offender after being satisfied that such Is the cas-
whether police officers not, they VIII be punlAhea
BudenDender Tod his story OF The uahsac 0oh' nc
said be SUbpOon1ed 10 appear at . o c0cA' anu
intended 10 obey the summons he was ID Ine she.-
man House at j. 80 O'CLOCK, IN company Win M
Forrest, clerk when an officer served him with a
forthwith subpoena and compelled him 10 90 with him.
under penalty OF being taken In patrol wagon. On
the way they met Nj Quaey, Of the attorneys for
the defence and a struggle ensued, Mr. OuaIey DIS
putting The officers right TO take the witness; Inc Inc
officer said 20 witness, You are my prisoner" Inc
witness was taken to the state Attorneys office,
where at Mr. Mills's request. he stepped into an en-
Closure ri
officer Llndville, who took Budenbender u the
Stale Attorneys office, put Oh the STAND 70 teI
his side of he story. lie exhibited the subpoena, ana
said that Ben" Williams, the man in charge Oi tIe
squad detailed this by the Chief OF Poce, to!u
him 70 find Budenbender and take him 10 ihe Slee
Attorneys Office The rest Of the story concus1 Nltl
that ALREADY told, eXcep. that the witness sau tet
bender came with him willingly, and mat hci'hcf
threas force were used -, ..
Louis l. Harris Mr. Forests clerk who trled 10
persuade Budenbender not 20 with the officer, wac
the witness. He testified that the ohcsr naI @
threatened 10 call the patrol ana hah uacu -
10 take Budeuhender along ON oss-cNamlhduCti ~ 81
was shown that Harris had served subpoena on 'Ls. -
Hoertel this morning, that he might bring hcr 10 M M
Office TO question her, that she refused 10 cear, a
only consented when he told her that the S'a'o ~
iorney wanted 10 see her. which was false. - -,
The Court then decided that the mattef va i nv
one OF contempt Of court. but express q uIc l ".
that It was outrage the personal Hbfry VI VI
hudenbender TO take him, If he were prisoner vi
a mere subpoena