The daily morning journal and courier., 1904-04-21
PROF. EURTS UNSHAKEN
 WHEN CROSS-EXAMlNED
THROWS NEW LIGHT ON JUDGE
 SWAYNE,S CHARACTER.

Names Prominent Persons in Florida
 Who Have Held the Impression That
 the Accused Was Susceptible of Being
 Infiuenced-Gives Specific Instance-
 Says He Applied for the Judgeship-
 DfscIaims Any Prejudice.
 Washington, April 2o.-Prof. John Wurts of Yale university, was cross ex- amined to-day by former Senator Hig- gins of Delaware as to his testimony of yesterday against Judge Charles swayne in the impeachment proceed ings before the special subcommittee of the house committee on the judici- ary.
 When asked to name persons who held the impression that Judge Swayne was susceptible of being influenced by. considerations outside the law and evil dence in cases pending before him, Pro- lessor Wurts named c. E. Reinhart, president of the Jacksonville Bar asso- citation; Judge W. P. Young, of the Cir cult court of Florida, and Samuel c. Vance, connected with the National bank of Jacksonville. He was unable to say whether these persons obtained their impressions from specific cases or from general knowledge. He had been told by D. U. Fletcher, who was mayor of Jacksonville, and also the law part ner of the professor, that Judge Swayne had rented house from H. M. Flagler at St. Augustine for one-half the nom inal rental.
 He did not know of any litigation ever had by MT. Flagler' before Judge Swayne. MT Fletcher also had told him that Judge Swayne had received and accepted a proposition from J. C.. L'Engle president of Jacksonville bank, to borrow money at one-half the regular interest rates.
 Pressed to give an nuisance within his own knowledge where he believed Judge Swayne had been influenced outside the law and the evidence, Professor Wurts l recited the details of case growing out of an election, in whihc, he said, ] the jury had, been packed" with re publicans There were other matters connected with this case of minor character to which the professor took exception.
 ] At the afternoon session former Sem ator Higgansa representative Gillette inquired if Professor Wurts had not been talking against Judge Swayne ever since the judge was appointed to 1 the place for which the professor was an applicant.
 Professor wurts denied this. He said ! all efforts on his part for the place had l ceased before he had ever heard of Judge Swayne's candidacy for it. He said that he came to Washington to talk over the judgeship and to present f his credentials to Attorney General Mil Ter under President Harrison. He was ] told that judge was wanted who would take strong stand in political cases. Professor Wurts took the ground that he wanted to be left free to de- eide such cases upon the law and the evidence. and at once decided that he was not the man for the place. He was prepared to welcome Judge Swayne, he said as the district needed a judge and as his practice was largely in the fed eral courts, he felt the need of judge there He disclaimed any prejudice against Judge Swayne but said he be- lieved the judge was not on the proper plane of life and did not view things in a proper judicial spirit.
 1 Many questions of detail were asked in the cross-examination, but no in l formation of importance was elicited.