The Montgomery advertiser., 1904-03-29
IN DEFENSE
 OF SWAYNE Gillette of California Files
 RepOy
  REVIEWS slE EVIDENCE  Finds E.SCause for Impeach-
 .snt Proceedings. Absenteeism 1t is contended, Was Caused by Superior Judges Or dering Him to Others States
 To Hold Court.

G1ilettS or Cailfornia mas prepareu ana submitted minority report against the resolution adopted by 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 impeachment is attacked in this re- port.
 First. on the question of non-residence 1t appears from the minority report that Judge Swayne moved to Florida in the year 1885, and in 1889 was appointed dis trict judge of the Northern District of Florida and made his home at St. Augus- tine. The report then shows that the bouldary of the district was changed and that Swayne removed to Pensacola. The efforts he made to procure a residence in which to live in that place are set forth. It is shown that he lived in hotel. Judge Swayne the report says was absent great deal from his district, but this was due to the fact that he was ordered by Judges Pardee and Mccormick to Alabama, Louisiana and Texas, where he held court each year from six to eight months. It took him about two months each year to try cases commenced before his court. The evidence shows that Judge Swayne during all the time com plained of was trying cases in Florida, Alabama, Louisiana and Texas, on an average of about nine months each year, and that in July and August he took his vacation.
 o'Neal Contempt Case.
 Second-Einding o'Neal guilty of con tempt. 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 hls official duties he commenced an action in the court of Florida against the American National Bank and other defendants to declare a certain deed of property and mortgages thereon null and void. and 10 recover the property fer the benefit 0f the creditors of said bankrupt One W. C.. OpNeai was the president of the American National Bank and he became angry at Greehhut's office, where he kept the books and papers of the estate to re- proach Greenhut for commencing the ac- ton, as he admits himself, and to re- proach him for so doing. and went so far as to make an assault upon Green- hut with knife, and cut him through his ear, across his face to his mouth and stabbed him three times. This assault was brought to Judge Swayne's notice by an affidavit filed by Greenhut and he cited O'Neal to show cause why he should not be punished for contempt for assault
 
 with him in the lawful discharge of his duties as such officer O'Neal answered, the court tried the matter, found O'Neal guilty of contempt as charged and sem tenced him to sixty days imprlsonriAent. O'NeaI then took writ of error to the Supreme Court of the United States and that court last June dismissed it. He then sued out a writ of habeas corpus before Circuit Judge Pardee and last
 
 mick and Judge Shelby, concuring. dis missed the writ and remanded O'Neal to the custody of the marshal! It was O'Neal that employed lawyers to lobby the resolution through the legislature of Florida and he also employed the attor- neys who represented the prosecution at the investigation.
 Belden and Davis.
 Third-As to the finding of Belden and Davis guilty of contempt: These lawyers were attorneys for the plaintiff in a case involving a tract of land in which claim was made that Judge Swayne was inter- ested. The Judges wife had negotiated for the property, but when he found it was in litigation the negotiations were dropped. While the suit was pending be- fore Swayne the plaintiffs and their at torneys brought suit in the State court against Swayne to eject him from the property though 1t is asserted that Swayne never had possession of the prop erty. The suit was never pressed, and afterward the parties were tried and found guilty of contempt. Thea sued out a writ of habeas corpus before Judge Pardee and he, sitting with two other Circuit Judges. dismissed the writ
 Fourth-Hoskins bankrupt case: The creditors of aone Hoskins petitioned to force him into bankruptcy. The matter came up for trial on March 31. and at that time the attorneys for the creditors asked the court to continue the case for two weeks, until they could procure cer- tain account books which it was alleged belonged to the bankrupt and which con tained material evidence for the creditors and that they could not safely proceed to trial without them. The attorneys for Hoskins, bankrupt, stated that the books did not belong to the bankrupt and that they had witnesses to prove this fact. March {, Mr. Richardson, a deputy of the receiver in the Hoskins bankrupt es- tate, was receiving the property belong ing to said estate from the United States Marshal and the books In question were taken by him from the bankrupt's store.
 Obliged to Use Force.
 The bankrupt told his son to take the books from the deputy receiver and he did so, claiming them to belong to him. But in order to go this he was obliged to
 
 who is an old man, from his buggy and brutally beat him, so that he was con fined to his bed for several weeks. The receiver filed an affidavit in Judge Swaynes court setting forth the facts above stated. stating that he believed the books belonged to the bankrupt. that they were taken by force from an officer of the court. and asked for a rule to cite young Hoskins to appear and show cause why he should not be punished for con tempt. Young Hoskins evaded the otfi- cers, kept the books and never did pro- duce them Judge Swayne wanted Hos kins to produce the books as they were the best evidence; but he never did and Judge Swayne refused to proceed with tn trial until they were produced and in doing so exercised a reasonable discre- tion. At this time all of Hoskins's prop erty had been turned over to, him; he could pay all his debts, and the only