New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-03-26
NONRESIDENT OF DISTRICT
AS 10 the charge that Judge Swayne is a non
resident Of his district. the report says:


resident Of his district. the report says:
finds that Judge Swayne has never acquired legal
residence In the Northern District of Florida, nor
OF Congress
The next charge considered is that Of the dis
barncnt Imprisonment and fine imposed 10y
Judge Swayne against z. T Davis and SiIeon
Belden- This case involved litigation regarding
a certain tract Of land a section Of which, the
report says. purchased by Judge Swayne
in the name of his wife while the proceedings
were pending before his court. The TWO at
Jorneys mentioned brought suit against Judge
SwayHe IN a county court FOR the purpose Of
clearing title TO the land. 'whereupon Judge
Swayne," the report says. proceeded 10 ad-
judge Belden and Davis guilty OF the charges
which were in violation Of the dignity and good
order Of the said court and a contempt thereof
and after some abusive remarks sentenced them
20 De disbarred for the term Of two years TO
pay a fine q 500 each and to undergo an i'm
prlsoume1t for the period Of ten days in the
o5unty jail"
The committee passes judgment on this trans
l-tion i'm The following language:
Your committed is of opinion that Judge Svay0e
VAS s1iity OF gross abuse OF judicial power and
....-f,ra6Iur In office in THIS case. They believe
5 moon Beideu and e. r Davis guilty Of a con
t..nIt OF court under the circumstances. Of tie
tTes: that the sentence imposed uy Judge
svavre was unauthorized and unlawful II can
"'go.rfod for only on the theory that The jade
.-.h high misoemean-r I'm Office no Judge should
.r-t he made a mistake Of law If allowed. there
ro aiiirarv abuse q discretion, no disobodieucc
81 1N. no oppression or outrage uI1n The rights
#rIty or property that could not 81 vuUhpt a.
YOUNG MAN COMMITTED SUICIDE.
Tho case Ct w. i. HosBins the report terms
me Of peculiar hardship" Hoskius ad-
z-.eed IN years and unable 10 read or write.
Iie had accumulates property to the value Of
$4,000 and owed debts TO the extent Of $4,000
Tile evidence is full and convincing" the re-
port says. that a lawyer named Boone con-
spircl with one Calhoun 20 put Hoskins in bank
ruptcy IN order 20 plumber his estate" The de-
tails cf this case are given at length in the re
port. Calhoun sent "A man 20 seize Hoskins's
books Al one Of his branch stores. Hoszins being
q dealer IN turpentine. lie found certain book
belonging TO che firm OF Hoskins & Bro.
which had been left fer a bookkeeper to make
up This book taken away by young son
q Tiosllins after he had said that il contained
nothing about his fathers business. Contempt
proceedings were begun before Judge Swayre
and the young man was adjudged guilty, al
though the report says. evidence was offered 10
show that tho book contained nothing whatever
bearing on the bankruptcy case. Young Hos
l.ns went into hiding 10 escape arrest, and
said chat he would rather die than go TO jail
When The charge was rot dismissed he killed
himself The report says as 20 this case:
The whole discra ccful pcrversion Of law and JUS
tlce made possible by the COnplaisancy stupid
ity. worse Of Judge Swaync. who lent himself
o. conspiracy 10 ruin an honest man by aiding
the conSpiTatoTs in Gerry way in his power lie
had right 10 refuse "A hearing % Hoskins on the
ground that "a book taken out OF tho custody of the
receivers clerk by any other person must nrst be
produced. IL a denial Of justice i was an
arbtrar. and oppressive abuse OF power. There
sufficient testimony before the 1uGEo that
Tho book had relevancy 20 The Case. nothing
but the affidavit OF tho receiver who had never seen
thc book that ne believed IL contained something
necessary 20 tho determining ~ the question Of
toskus solve uCy in tho face OF an offer 20 prove
Vic fact by DISTINGUISHED and competent testimony,
among other that II a person who had examined
~ me 1udEa refused TO believe anything. saying
lHal De would not believe his own brother II he
NNVl4 swear g. This action Of the judge
PRESENTS az least an entirely new feature IN the
ediaiilst-atCn 81 Justice. sutton is denied the
Ilsht to offer evidence IN support Of his case be-
.h.t tlc Witnesses offered not worthy 81 be-
H'i- To refuse 20 hear these witnesses was
an unWarranted and unheard OF proceeding. To
continue she case 81 HOsllns without day under
shf circumstances was an unparalleled abuse OF
discretion the part 81 the Judge which amounted
70 "a denial Of Justice.
ACTION N A CONTEMPT CASE