The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1904-03-30
LIVE WASHINGTON AFFAIRS.
Prosecution Hands Brief | S TO House Sub.
committee on Judiciary.
Sweeping Charges Against Swayne.

| 'b"'"os oNuyhN'
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 COM
mittee, and including the brief of
Judge Swayne Before the committee
i'll his own defense and that of Judge
B. 5. Liddon 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-resdence in the Northern dis
trict OF the state OF Florida.
For unlawfully imposing a fine and
Imprisonment of one +. +. 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 a Judge in
| appointing one Tunison in 1000, know
/ .
For refusing a fair hearing and trial
to one Hoskins in 1902.
In his own defense Judge Swayne
| hled with the committee letters Of in
dorscment from seventeen lawyers and
five other person, not attorneys.
written in November, 1907, recon-
mending to President Mckinley his
appointment to succeed Justice Field
| OF the Supreme Court OF the United
States. He also filed twcnty-four
letters, mostly OF Florida attorneys,
| written i'll February, 1900, 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 i'll 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,
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 injured because OF his absence
from Florida and that the business OF
his court had not suffered.
Judge Liddon, in cross examining
Judge Swaync asked him if he did not
ba Il
be that man could not hold
Office there unless he is qualified
elector. Judge Swayne admitted this.
Judge Swayne, in commenting upon
the procee dings 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 up against Judge
Swayne, Judge Liddon declared him
guilty in the following instances:
I. That he has been, until after the
adoption of the resolution the basis
OF these proceedings, in 1903, a non
resident OF this district, and that in
convenience expense and injury have
resulted TO litigants in his court by
reason OF such non-resdcnce and by
absence from his district.
?. That he has appointed and main
tanned as commissioner OF his court
one b. c. Tunison, a man OF bad repu-
tation, and has so conducted himself
as to create at least a general impress
sion that his court is dominated by
said Tunison in administration OF JUS !
tice therein.
3. Maladmisistratio OF bankruptcy
matters before him, whereby the as
sets OF bankrupts were absorbed in |
costs and expenses.
4. That he has been guilty OF cor
ruption in his Office and oppression i'll
the following instances:
w. H. Hoskins, against whom in
voluntary proceedings were brought |
against Samuel Belden and +. T. Dav- |
is, who were most wrongfully and un-
justly punished for alledged contempt |
against w. c. O'Neal upon a charge |
of contempt, and against one c. d. !
Hoskins-the two last mentioned hav- |
ing died while such proceedings were |
pending.
5. That he corruptiy purchased |
lot OF land in litigation before him |
and afterward tried another case be- |
tween practically the same parties in.
volvlng the same lands, and directing
the jury to bring in a verdict in favor |
OF the title which he had purchased.
o. 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. Bars to prevent the redistrict-
ing OF the state.
Congressional and Departments.
The annual report of the Census
Bureau on cotton spinning showed a