The Savannah morning news., 1904-03-25
WHAT THEY SAY
OF JUDGE SWAYNE.
CHARGES THAT ARE MADE.
TRANSGREssIONs AND FAULTS AS
LIDDON SEES THEM.

Evidence Is Submitted by the Sub
Committee of the judiciary That
Conducted the investigation.
What Judge Svayne Alleges in His
Own Defense-summing UP of the
Matters Wherein 1t Is Claimed
That He Erred.
Washington. March 24.-The evidence
in the impeachment proceedings
against Judge Charles Swayne of the
northern district of Florida taken in
Florida by the House subcommittee
of the Judiciary Committee, including
the brief of Judge Swayne before the
committee in his own defense and that
of Judge B. S. Liddon for the prose-
cution, was furnished to the commit
tee to-day in printed form for the
first time. The document consists of
$50 printed pages.
Charges against Judge Swayne,
which undoubtedly will be set forth
in the report of the committee to be
filed tomorrow by Representative
Palmer, are concisely stated by Mr..
l. dllllCA III AOliAl a A0CStAOA W SAN6N
Swayne during the proceedings, as fol-
lows:
Non-residence in the northern dis
trict of the state of Florida.
For unlawfully imposing a fine and
Imprisonment of E. T. Davis and S.
Belden in 1901.
For unlawfully committing to prison
tempt OF court.
For conduct unbecoming a judge. in
appointing one Tunison in 1900, know
ing him to be a man of bad character.
For refusing a fair hearing and trial
to one Hoskins in 1902.
What Judge Swayne Says.
In his own defense Judge Swayne
filed with the committee letters of in
dorsement from seventeen lawyers and
five other persons, not attorneys, writ
ten in November, 1897, recommending
to President Mckinley his appoint
ment to succeed Justice Field on the
Supreme Court bench of the United
States. He also filed twenty-four let
ters mostly of Florida attorneys, writ
ten in February, 1893, recommending
his appointment to the position of cir
cult 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 1912; read law in
Philadelphia and was admitted to
practice there. In 1885 he moved to
Sanford, Fla, where he practiced until
appointed to the bench in 1889. His
appointment was recess appoint
ment, which was not confirmed until
April, 1890.
Judge Swayne said he never was
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 in
iured because of his absence from
Florida, and that the business of his
court had not suffered.
Judge Liddon. in cross-examlning
Judge Swayne. asked him II he did not
understand the laws of Florida TO be
that man could not hold office there
unless he Is a qualified elector Judge
Swayne admitted this.
Judge Swayne, in commenting upon
the proceedings against him, said TO
The committee that they were due 10
hut two causes: The malice OF the
man O'Neal. who was sentenced. ana
the intense political feeling engen-
dered al that period. There never
would have been anything OF this had
IL not been for these causes
what He says Hes Guilty Of
In eumming up against Judge
geayne. Judge Llddon declared him
eutltv In che following Instances
Firsf That he has been, until after
the adoption Of the resolution. the
baels ID these proceedings, IN 1908,
non.resldenf ~ fhlf district and that
Inconvenience, expense. ana injury have
resulted 10 ltifanfs 81 he court by
- f.o4tln,,sd al Ntfth rara.