Omaha daily bee., 1905-10-12
CROWD At BUDNEK BEARING
Prisoner Objects to bis Two Sisters Sitting
Inside the Railing,
TWO BROTHERS SIT BESIDE THE PRISONER
After Hearing Testimony Prisoner is
Held for Trial on Charge of
shooting with Intent TO
Commit Murder.

Commit Murder.
HASTINGS. Neb., oct. u.-(special Tele-
gram.)-John Budnek. who shot his sister.
his brother and brother-in-law at an early
hour Sunday morning over the body of his
dead mother. was arraigned before Justice
Crowley at 1870 this afternoon. He was
charged with shooting Peter Albert smeall
with intent to murder. On account Of the
large crowd of spectators the hearing was
held in the district court room.
All members Of the Budnek family ex-
cept Jacob were present The father OF the
prisoner came into the court room with his
daughter, Mrs F. Naulteus and her hus-
band. They were among the first to arrive
and took seats in the front row.
The old man, bent over with age. listened
with intense interest to the proceedings.
When Sheriff Hill entered the court room
with the prisoner a few minutes before
o'clock nearly every seat in the room was
occupied. The attorneys were already wait
ing. The sheriff led the way into the court
room, John Budnek following unshackled.
The prisoner for a moment seemed startled
at seeing so many people present. He stood
for several seconds gazing over the spec
tstors as though looking for some one.
The sheriff motioned him to a seat near
the court railing and he sat there a few
minutes before taking a chair Immediately
behind his attorney, ]. c. Stevens, at one
of the tables near the judges desk
A few moments after the sheriff and the
prisoner arrived the brothers, Joe and
Frank Budnek. the latter of st. Joseph,
appeared. They took seats behind Attorney
Stevens and the prisoner was given a place
between them. These four held frequent
consultations. John walked steadily and
seemed in perfect self-control.
Objects to His sisters.
Soon after the taking of testimony began
Mrs. Smeall and Frances Budnek. both in
mourning. entered the court room and sat
down near the railing behind the brothers.
Joseph saw them come in and at once
motioned to the sheriff, who was sitting
at the next table, whispering in a tone
audible throughout the room that he wanted
to speak to him. The sheriff walked over
to where Joseph was sitting and the latter
spoke a few words to him. The sheriff
| then walked over to Mrs Smeall and
Frances and requested them to take seats
among the spectators in the rear of the
| room. Joe had objected to their being
inside of the court rail
County Attorney Olmsted began the pro-
ceedings by reading the complaint. At the
conclusion of the reading the attorney
faced the prisoner and asked:
How do you plead to this complaint,
guilty or not guilty?"
Budnek, who had remained standing dur
ing the formal reading, answered clearly
and distinctly, mot guilty"
| Edward Livingston was the first witness
called. He was questioned closely as to
| the circumstances of the shooting his
| testimony being in substance exactly as
| the affatr was described in The Bee Mon
| day. The prisoners attorney subjected
the witness to a rigid cross-examination,
but In the main his questions brought forth
replies which only made clearer the details
of the AFFAIR. It was In redirect examina-
ton that the witness created considerable
surprise in the court room by identifying
the revolver containing four empty cart
ridges as the one last taken away from the
prisoner.
Mr.. Livingston had asserted that TO the
best of his recollection four shots were
fired from the revolver first taken away
The county attorney questioned him closely
as to the Identification of the two weapons
but the witness was positive that the last
one taken away was the one which con.
tained the four empty shells The witness
was not pressed further in this regard
| walter Livingston was the next witness
His testimony was practically along the
same lines as his brothers.
Policeman Dycus testified that the revoI.
vers offered in evidence were given to hin
by Livingston and later turned over by hin
to Chief OF Police wanzer. who had then
in his possession until offered as evidence.
Wanzer identified them as the same thai
were given to him and he declared that tn,
cartridges in the two revolvers had moi
been changed. Wanzer said he had marked
the bullets in the unexploded cartridges ant
was positive from these marks that tn,
cartridges had not changed. He was sur,
the revOlvers were in exactly the same con
dition as when they came into his posses
sion.
The taking OF testimony was finished a
4:1O this afternoon. Justice Crowley imme
diately gave his decision, holding the pris
oner under bond for 5000 for trial in tn,
district court AS yet no bail has been fur
nished.