The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-03-26
SEVERE ARRANGEMENT
Of A FEDERAL JUDGE
BY HOUSE COMMITTEE
Impeachment of Charles Swayne
for High Misdemeanor Is
Recommended.
POINTS FROM REPORT
Jurist Who Is Alleged to Have
Forfeited All Respect of the
People.
POINTS FROM REPORT

People.
WASHINGTON, March 25.-"Resolved,
That Charles Swayne. judge of the District
Court of the United States in and for the
Northern district of Florida, be impeached
of high misdemeanor."
This is the recommendation of the House
committee on judiciary to the House in the
report of the committee. filed to-day by
Representative Palmer, of Pennsylvania,
chairman of the subcommittee which in
vestigated the case against Judge Swayne.
After discussing specifically the charges
in detail against Judge Swayne and giving
the findings in each casa the report con-
cludes: Upon the whole case il is plain
that Judge Swayne has forfeited the
spect and confidence of the bar of his court
and of the people of his district who do
business here. He has so conducted him.
self as to earn the reputation of being sus-
ceptible TO the malign influence of man
OF VIGOROUSLY bad> character. He has
shown himself TO be harsh, tyramical and
oppressive and unmindfuI of the common
rule of just and upright judge. He has
continuously and persistently violated the
plain words of a statute of the United
States and subjected himself to punish
ment for the commission of a high INSIDE
meanor. He has fined and imprisoned men,
bers of his bar for a constructive con-
tempt without the authority of law and
without decent show of reason, either
through inexcusable ignorance, a malicious
intent to injure. or a wanton disposition to
exercise arbitrary power. He has con-
demned TO a term of Imprisonment in the
county Jail a reputable citizen of the State
of Florida over whom he had no jurisdc-
ton. who was guilty of no thought of a
contempt of his court. for no offense
against him or in the presence OF the court,
or in obstruction of any order. rule. COM
| mand or decree, and after the accused had
purged himself on OATH
IMPEACHMENT DEMANDED.
For all these reasons, Charles Swayne
has been guilty of misbehavior in his Of
| ice of judge. and grossly violated the condi-
ton upon which he holds this honorable
| appointment. The honor of the judiciary
the orderly and decent administration of
OF the United States demand his impeach-
ment and removal from the high place
which his conduct has degraded.
! 1T Is vitality necessary TO maintain the
| confidence OF the people in the judiciary A
weak executive or an inefficient one even
dishonest legislative branch may exist for a
time at least, without serious injury TO
! the perpetuity of free institutions but
| If the people lost faith in the judicial
| branch. II they become convinced that JUS
| tice cannot be had at the hands of the
| Judges. the next step will be to take the adj
ministration of the law into their own
hands and do justice according TO the rule
OF the mob. which is anarchy with which
/ freedom cannot cOexist."
AS TO the charge that Judge Swayne is
nonresident of his district the report con-
cludes: From the testimony in the case,
/ cn INIT toe And hat T6cy ~
never acquired legal residence in the
Northern district of Florida. nor has he
actually resided there, as required by act
i of Congress
| CASE OF PECULIAR HARDSHIP
The case of w. III. Hoskins the report
terms one of peculiar hardship" Hoskins
was advanced in years and unable to read
and write. He had accumulated property
to the value CT $4,000 and owed debts to
the extent of $4,000. The evidence is full
and convincing" the report says, that
lawyer named Boone conspred with one
Calhoun to put Hoskins in bankruptcy in
order to plumber his estate" The details
of this case are given at length in the re-
| port. Calhoun sent a man 10 seize Hos
kins's books at one Of his branch stores
Hoskins being a dealer in turpentine He
found a certain book belonging to the firm
of Hoskins & Bro. which had been left for
bookkeeper TO make up. This book was
| taken away Dy "a young son of HOSkinS
after he had stated that ii contained moth
ing about his fathers business. Contempt
proceedings were begun before Judge
Swayne and the young man adjudsed
guilty. although. the report says evidence
was offered TO show that the book con-
tanned nothing whatever bearing on the
bankruptcy case. Young Hoskns went into
hiding TO escape arrest and stated that he
would rather die than go TO Jail When
the charge was mot dismissed he killed
himself
The report concludes as to the case: 1.-The
whole disgraceful perversion of law and
justice was possible because the compla-
cency, stupidity or worse of Judge Swayne.
who lent himself to a conspiracy to ruin an
honest man by aiding the conspirators in
every way in his power He had no right
to refuse the hearing to Hoskins on the
ground that book taken out of the Gus
tody of the receivers clerk by another per-
son must first be produced 1t was de-
NAL of justice. 1t was arbitrary and
oppressive abuse of the Door. There was
no efficient testimony before the judge that
the book had any relevancy to the case;
nothing but the affidavit of the receiver
who had never seen the book that he be-
leved IL contained something necessary
to the determining of the question of Hos
kinss solvency In the face of an offer &c
= prove the fact by DISTINGUISHED and compe-
tent testimony. among others that of per-
son who had examined it. the judge refused
to believe anything. saying {. at he would
not believe his own brother T he would
judge presents at least an entirely new
feature in the administration of Justice A
sutton is denied the right to offer evidence
in support of hiss case because the Judge
had made up his mind in advance that the
witnesses offered are not worthy of be-
lief. To refuse TO hear these Wit
nesses was an unwarranted and unheard OF
proceeding. To continue the case of Hos
kins without day under the circumstance
was an unparalleled abuse of discretion or
the part of the judge which amounted to a