The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-11-23
BUDENBENDER BAGGED.
AN ATTEMPT TO TURN IT INTO
CONTEMPT OF COURT.

"
The Court Don't SO Hold, but Glasses
the Act as an Outrage on the Per-
sonal Liberty of the Witness - Mrs.
HoertePs Testimony Contradicted.
More Policemen on the Stand.
CHICAGO, ILL.,, Nov. 2-Budenbender.
the witness from Hoboken, N. j., who yes
terday testified that it was not a white horse
which took DR.. Cronin away, May 4, is
under arrest. After the court adjourned
this afternoon, Officer Lyndville, with
his prisoner. was at the corner of
CLARK and Michigan streets, going
to the states attorneys office, when Mr..
Qualey, one of the counsel for the defense,
and MIR. Forests clerk endeavored to take
the prisoner away. A crowd soon collected,
but the prisoner was safely landed in the
states attorneys Office. AS he was ascend
ing the steps of the west side of the criminal
court building Mr.. Qualey shouted to Bud
enoender that he would be taken care of
and to keep his mouth shut.
SHOWING UP A DISCREPANCY.
In the trial to-day the first witness was
mrs. Paulina Hoertel, the woman who
created sensation in her testimony for
the prosecution by telling how she saw a
man, whose description tailed with that of
Dr. Cronln, enter the cottage on the night
OF the murder. She was recalled for further
cross examination. She testified that her
husband put new lock on the door of their
house previous to May 4, the day of the
murder, in order to keep her out
Inc next witness was August Salzan. He
testified that he helped Hoertel put the new
lock on the door after May 8. The witness
had worked at five or six places here dur
leg the past two years, but could not re-
member the names of them or whom he
began or quit work at any place.
John Stiff. policeman, was recalled,
and corrected his testimony that it was
Monday morning, May 6, when he issued
the order to find out what horses went out
from the livery stable.
Jacob Lowenstein, a member of the police
force from 1888 to May. 1889, and partner
OF Coughlin's on the police force from 1887
to the time the witness was discharged,
gave considerable testimony tending TO
snow the enmity which existed between
John G. Garrity, one of the witnesses for
the prosecution, and Coughlin. After this
testimony the court took a recess until
o'clock to take the deposition of Lynch, a
distiller, who is ILL.,
bODGNBENDEhS y CASEs
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
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. Cronin away, yesterday afternoon was
served with subpoena to appear as wit
ness on behalf of the state; that he (Mr.
Forrest) had called on the states attorney
last evening, and told him he would keen
Budenbender in the city till the state had
finished with him; that the states attorney
this morning notified him that he would
want Budenbender in court this afternoon,
and that he did not care to see him before
that time In spite of this stipulation,
however, Mr.. Forrest said Budenbender had
been forcibly and illegally, and in the face
Of protest on behalf of the defense, taken to
the states attorneys office during the recess
Of the court. He submitted that everybody
connected with the affair was guilty Of con-
tempt OF court.
LoNGNECKER EXPLAINS.
State's Attorney Longnecker said that he
had thought it advisable to have Buden-
bender summoned in the regular way, out
oldO VI COul A1o uuueTSbOOu JuaI an OIIlC0r
had subpoena last evening before the talk
with Mr.. Forrest and that this person had
been looking for Budenbender since then.
The states attorney said he knew nothing
about this officer beyond that fact 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.
Judge Mcconnell said: "That officer. or
whoever was guilty of the outrage, if the
outrage 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 offender after being
satisfied that such is the case, whether
police officer or not, they will be pun |
ished."
After Budenbender had told his story of |
the arrest, and the statements by the officer |
who arrested him and others, the court de- |
cided that the matter was not one Of con- |
tempt Of court, but expressed the opinion |
that it was an outrage on the personal |
liberty Of Budenbender to take him as if he |
were a prisoner on a mere subpoena.
The court then adjourned for the day.