The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1904-03-31
SWAYNE IS LASHED
In Report Of Judiciary Com
mittee to the House.
DEMANDS IMPEACHMENT
The Various Charges Pending Against
Florida Federal Jurist are Set
Forth In Most Caustie
Language.

Resolved, That Charles Swayne.
Judge OF the district court Of the Uni
ted States and for the northern dis
trict of Florida, be impeached Of high
misdemeanor."
This is the recommendation, says
Washington dispatch, Of the house
committee on the judiciary to the
house, in the report of the committee
filed Friday by Representative Pa
mer, of Pennsylvania, chairman OF the
subcommittee which investigated the
case against Judge Swayne After
discussing the charges in detail
against Judge Swayne and giving the
findings in each case, tho report con-
cludes as follows:
Upon the whole case it is plain
that Judge Swayne has forfeited the
respect and confidence of the bar OF
his court, and of the people Of his dis
trict. He has so conducted himself
as to earn the reputation Of being sus-
ceptible to the malign influence or a
man of VIGOROUSLY bad character.
He has condemned to a term OF
Imprisonment in the county jail, re-
pulable citizen Of the state OF FLORIDA
over whom he had no jurisdiction, who
was guilty of no thought OF a con-
tempt of his court, for no offence
against him or in the presence OF the
court, or in obstruction of any ORDER
rule, command or decree. And after
the accused had purged himself on
oath.
"For all of these reasons, Charles
swayne has been guilty OF misbehavlof
in his office of judge and grossly v!o-
lated the condition upon which he held
this honorable appointment. The
honor of the judiciary, the crderlp and
decent administration public justice
and the welfare of the people OF the
United States demand his smpeach-
msnt and removal from the high
place which his conduct has de-
graded" : Z
From the testimony in. the case,
YOUR committee find that Judge
Swayne has never acquired a legal
residence in the northern district OF
Florida. nor has he actually resided
there, as required by the act of con-
gress."
The case Of W. H. .Hoskins, the re-
port terms one Of peculiar hard
ships"
Hoskins had accumulated property
to the value of $4,000. and owed
debts to the extent Of $4,000. "The
evidence is full and convincing" the
report says. "that a lawyer named
Boone conspired with one Calhoun to
put Hoskins in bankruptcy in order
to plunder his estate" Calhoun sent
a man to seize Hoskins' books at one
of his branch stores, Hoskins being a
dealer in turpent:ne. He found a
certain book which was taken away
by a young son of Hoskins after be
had stated that it contained nothing
about his fathers business. Contempt
proceedings were begun before Judge
Swayne and the young man adjudged
guilty, although the report says. evil
dence was offered to show that the
book contained nothing whatever
bearing on the bankruptcy case.
Young Hoskins went into hiding to
escape- arrest, and stated that he
would rather die than 60 to jail.
When the charge was not dismissed.
he killed himself. ...... -..i..... -,
The case Of w. c. O'Neal, which
the report treats of next, relates to
generally known incidents in bank.
ruptcy proceedings in which one
Greenhut, a receiver in the case, was
stabbed by O'Neal at Pensacola in an
affray growing out Of the inclusion OF
the bank of which O'Neal was presi-
dent in the suit.
"The evidence established the fact
that Judge Swayne reappointed B. C..
Tunnison commissioner Of the United
States, after a trial in his court in
which Tunnison as prosecutor had
been successfully impeached as a wit
ness.
"The evidence also establishes that
the members Of the bar at Pensacola,
Fla, and elsewhere in the district, and
suitors in the United States court are
Of opinion that Tunnison has the pow
er to exercise undue influence over
Judge Swayne and that he does exer-
else such influence. To such an ex-
tent does this belief prevail that law
yers advise their clients to employ
Tunnison in their business as the best
and only way to succeed in Judge
swayne's court. The testimony salts
fes the committee that Tunnison is a
dishonest man; also that he is indors-
er on a note of Judge Swayne that has
been renewed for seven successive
years in the Pensacola bank"
r~1 bIJDAl NADDlEDc