Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-03-29
MINORITY REPORT
Will Be Made in impeachment Case of
Florida Judge.

WI 'Sa SdSSSs
WASHINGTON. March 2S.-Representa-
tive Gillette of California has prepared
port against the resolution adopted by
IA majority of the committee on the
Judiciary to impeaCh Judge Swayne Of
The northern district of Florida. for
high misdemeanors. Every ground
urged by the committee for impeach-
ment is attacked in this report.
First. on the question of non-resi-
dence il appears from the minority re-
port that Judge Swayne moved to
Florida in the year 1885, and in 1889
was appointed district judge of the
northern district of Florida, and made
his home at st. Augustine. The re-
port then shows that the boundary of
the district was changed and that
Swayne removed to Pensacola. The
efforts he made to procure a residence
in that place are set forth and it is
shown that he lived there in Il hotel.
Judge Swayne, the report says. was
absent Il great deal from his district,
but this was due to the fact that he
was ordered by Judges Pardee and Nc
Cormick to Alabama, Louisiana and
Texas. where he held court each year
from six to eight months. The evil
dence shows that Judge Swayne dur
ing all the time complained of was try
ing cases in Florida, Alabama, Louisi-
ana and Texas on an average of about
nine months each year, and that in
July and August he took his vacation.
SecOnd-Finding ONeal of contempt.
The evidence shows that one Greenhut
was appointed trustee of the Moreno
bankrupt estate. that as such trustee
and as an officer of Judge Swayne's
court, in the discharge of his official
duties. he commenced an action in the
court of Florida against the American
National Bank and other defendants to
declare Il certain deed of property and
mortgage thereon null and void. and
to recover the property for the benefit
of the creditors of said bankrupt. One
w. c. O'Neal was president of the
American National Bank and he be-
came angry at Greenhut because he
had made the bank Il party to this ac-
ton. He went to Greenhut's office. re
preached him for so doing and assault
ed Groenhut with Il knife. cut HIM
his ear. across his face TO his
mouth. and stabbed him three times.
Judge SWayne cited ONeal to show
cause why he should not be punished
for contempt for assaulting an officer
of the court. O'Neal answered. the
court tried the matter found O'Neal
guilty of contempt. as charged, and
sentenced him to GO days imprison-
~
to the supreme court of the United
States and that court last June dis
missed it. He then sued out Il writ of
habeaS corpus before Circuit Judge
Pardee. ana last November, Judge Par
dee. Judge Mccormick and Judge
Shelby concurring. dismissed the writ
and remanded O'Neal to the custody of
the marshal.
Third-hs to finding Belden and Davis
guilty. of contempt
These lawyers were attorneys for the
plaintiff in a case involving Il tract of
land in which claim was made that Judge
SwaEnc was Interested. The judges wife
had negotiated for the property. but when
~ found it was in litigation the ncgotia-
ti"ns were dropped. While the suit was
Pending before Swayne. the plaintiffs and
their attorneys brought suit in the state
the property. The suit was never pressed
;tnd afterwards the parties were tried and
found guilty of contempt.
Fourtl-IIoSkins bankruptcy cas-:
Th, creditors of one l1oSkinS petitiOGcd
to force him into bankruptcy. The trial
was on March 81. the attorneys for the
creditors zsicd continuance of two
weeks. uTtil they could procure certain
account books. which it was alleged be-
lcng"d to the bankrupt and which con-
tanned material evidence for the creditors:
ana that they could not safely proceed
to trial without them. The attorneys for
lIoSkins. bankrupt. stated that tn" books
did not helcHG to the bankrupt and con
tanned 70 evidence, and that they had
witnesses there to prov" this fact. On
March 9TH. Mr.. Richardson "A deputy OF
tate was rec Giving the property belonging
to said estate from tn" United States
taken by him from til" bankrupt's store
The hankIllpt'S son took the books from
the deputy receiver. claiming them to be
long to him. He was obliged to use forcc
and dragged Richardson an old mail
from his buggy and brutality beat him SO
hat he wax confined to his bed for several
weeks. Young HoSkins ovadrd the. off.
c""s kept the books AMI never produced
titcn Judge SwaNnC refused to proceed
with the trial until they were produced
ana in doing 50 exercised Il reaSonah ~"
discretion Judge SWAIN" returned alter
wards To- Pensacola to try ~" cas- hlil
the parties had StlilIid'th ~ 'IN u III wv
following fail. ana before tIat TINE inc
case was settled.
Tho foregoing arc tn. charges upon
which il is asked that Judge SwaNnc II"
impeachcI and the main facts surround
ing Zach case a shown by the minority
rtI0rt. It also appears. according 10 the
report. that though .Juder Swayn" was
charged with corruption. ignorance and
incompetcncy. that no @yidenr e. 70 o., T"r,
port such charges was gwen ana mat I"
c,-id.1irn was offered to show that hank
rurt,y cases pending before him were
MIR GiIlott is authority for tho state
mont that the report VII ." Sisnrd by
s-nf1tiy, Alexander. Parker and Little
RIA REPRESENTATIVES Nevin. Thomas.
V-:,Iucr ana Pears were absent at the time
tn" vote was taken. but Mr.; Gilictt be
I;,.yre they will also sign the minority
views. which would divide the committee
min" against eight for Impeachment.
CONGO FREE STATE ATROCITIES.
The Ee!a;sn Minister Makes Call on
Secretary Hay