The midland journal., 1904-04-01
LIVE WASHINGTON AFFAIRS.
Prosecution Hands Brief Its to House Sub
committee on Judiciary.
Sweeping Charges Against swayne.

| Swayne, OF the Northern district OF
Florida, taken in Florida by the House
| subcommittee of the judiciary COM
mittee, and including the brief of
| Judge Swayne before the committee
| in his own defense and that of Judge
B. S. Liddou for the prosecution,
was furnished to the committee in
printed form for the first time. The
document consists of 800 printed
pages.
The charges against Judge Swayne,
which undoubtly will be set forth in
| the report of the committee to be
filed by Representative Palmer, are
concisely stated by Mr.. Palmer as fol-
lows:
Non-residence in the Northern dis
trict of the state of Florida
For unlawfully imposing fine and
| Imprisonment of one E. T. Davis and
S. Belden in 1901.
For unlawfully committing to prison
in 1902 one O'Neal for alleged con-
tempt of court.
| For conduct unbecoming judge in
appointing one Tunison in 1900, know
| ing him to be man of bad character.
| For refusing lair hearing and trial
to one Hoskins in 1902.
| In his own defense Judge Swayne
| filed with the committee letters of in
dorsement from seventeen: lawyers and
| five other person, not attorneys,
| written in November, 1897, recon-
mending to President Mckinley his
| appointment to succeed Justice Field
of the Supreme Court of the United
States. He also filed twenty-four
letters, mostly of Florida attorneys,
written in February, 1899, recommend-
ing his appointment to the position of
circuit judge of the Fifth circuit, which
had just been created by an act of
| Congress.
In his brief Judge Swayne reviews
his life briefly, stating that he was
born in Delaware in I842. read law in
Philadelphia, and was admitted to
practice there In 1885 he moved to
Sanford, Fla, where he practiced law
until appointed to a bench in 1880. His
appointment was recess appointment
which was not confirmed until April,
| $780,
Judge Swayne said he never was a
registered voter, nor had he paid any
taxes in Florida. He said that he had
spent his summers mostly in Della
ware, but had understood that the
summer months were the proper time
| for his vacation His recollection
was, he said, that no one ever had
| been injured because of his absence
| from Florida and that the business OF
his court had not suffered.
| Judge Liddon, in cross examining
| Judge Swayne asked him if he did not
understand the laws of Florida to
| be that a man could not hold
Office there unless he is qualified
elector. Judge Swayne admitted this.
| Judge Swayne, in commenting upon
| the proceedings against him, said to
! the committee that they were due to
| but two causes:
THE malice of the man O'Neal, who
was sentenced, and the intense politi-
| cal feeling engendered at that period.
| There never would have been anything
| of this had it not been for these
Causes"
In summing tip against Judge
| Swayne, Judge Liddon declared him
guilty in the following inst noes:
I. That he has been, until afte- the
| adoption OF the resolution the baeis
of these proceedings, in 1908, a nom
resident of this district, and that in
convenience expense and injury have
resulted to litigants in his court by
reason of such non-residence and by
absence from his district.
2. That he.has appointed and main
| tanned as commissioner of his court
| one B. c. Tunison, man of bad repu-
| tation, and has so conducted himself
as to create at least general impress
sion that his court is dominated by
said Tunison in administration of JUS
| tice therein.
| 3. Maladmisistration of bankruptcy
matters before him, whereby the as
sets of bankrupts were absorbed in
costs and expenses.
d.. That he has been guilty of cor
ruption in his Office and oppression in
| the following instances:
w. H. Hoskins, against whom in
| voluntary proceedings were brought;
against Samuel Belden and E. I. Dav-
is, who were most wrongfully and un-
| Justly punished for alledged contempt;
of contempt, and against one c. D..
| Hoskins-the two last mentioned hav-
| ing died while such proceedings were
! pending.
S. That he corruptly purchased a
| lot of land in litigation before him
and afterward tried another case be-
tween practically the same parties in.
volving the same lands, and directing
| the jury to bring in verdict in favor
OF the title which he had purchased.
8. He has appointed as court COM
missioner one John Thomas Porter,
who maintains an Office at Mariana
while his residence is at Grand Ridge.
fourteen miles distant, thereby causing
great inconvenince to parties before
his court and to the government.
7. That h corruptly lobbied with
J. NJ. Barrs to prevent the redistrict-
ing of the state.
One Claim For Each Miner.
The Senate Committee on Terri
.ories authorizd favorable report on
a bill to modify the mining laws of