The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-03-26
Synopsis of the Impeach-
ment Proceedings.
THE BRIEF OF SWAYNE
He Gives Evidence in His Own Behalf
and Judge Liddon Then Closes,
Making in Conclusion Seven
Charges Against
Him.
(Bv the Associated Press },

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, and including the brief OF
Judge Swayne before the committee in his
own defense and that of Judge b. s. Lid
don, for the prosecution, wa, furnished
to the committee today in printed ioini
for the first time. The docnmen. con
sists of $50 printed pages.
Tne charges against Swayne, which un-
doubtedly viii be set forth in the reDort
of the committee to be i1ie1 tomorrcw by
Representative Palmer. are concssly
stated by Mr.. Palmer in forming Gucs-
tion to Judge Swayne during the pro-
ceedings, rs follows:
Non residence in the northern district
of the State of Florida.
For unlawfully imposing a fne and I'M
prisonment on one f. T. Davis and S.
Belden in 1901.
For unlawfully committing to prison in
1862 one O'Neal, after alleged contempt
of court
For conduct unbecoming judge. in APP
pointing one Tunison in 1900, knowing
him to be a man of bad character.
Fer refusing fair hearing and trial to
one Hoskins in 1902.
In his own defense Judge Swayne filed
with the committee letters OF endorsement
from seventeen lawyers and five other
persons. not attorneys. written in No
vembcr 1897, recommending to President
Mckinley his appointment to succeed JUS
tice Field on the Supreme Court bench of
the United States. He also filed twenty
four letters, mostly of Florida attorneys.
written in February, 1899, recommending
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 1912; read law in Phiiadel-
phia and was admitted to practice there.
In 1855 he moved to Sanford, Fla, where
he practiced until appointed to the bench
in 1889. His appointment was a recess ap-
pointment, which was not confirmed until
April, $780,
Judge SwaXne said he never was a reg
istered vossr, nor had he paid any taxes
in FIorida He said that he had spent
his sGtnfners mostly in Delaware, but had
understood that the summer mouths, we re
the proper time for his vacation, recol-
61ection 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-cxamining Judge
Swayne, asked him ii he did not under
stand the laws of Florida to be that a
man could not hold office there unless he
is a qualified elector. Judge Swayne ad-
United this. Judge Swayne, in comment
ing upon the proceedings against him
said to the committee they we're due to
Lut two causes:
THE malice of the man O'Neal who
was sentenced. and the intense political
feeling engendered at that period 1nere
never would have been anything OF this
had it not been for these causes
In summing up against Judge Swayne,
Judge Llddon declared him guilty in The
following instances:
/. That he has been, until after the
adoption of the resolution the basis of
these proce sdings, 1908, a nonresident Of
this district and that i'll convenience, ex-
pense and injury have resulted to liti-
giants in his court by reason Of such non
residences and by absence from his dis
trict.
2. That he had appointed and main
tanned as commissioner OF his court one
Il. c. Tunison in administration of justice
therein.
8. Maladministration of bankruptcy
matters before him, whereby the assets
OF bankrupts were absorbed in costs and
expenses.
4. That he has been guilty Of corruption
IT -fG
ing instances:
w. II. Hcskins, against whom involun-
tary proceedings were brought against
Samuel Belden and E. T. Davis, .yho were
most wrongfuliy and unjustly punished
for alleged contempt; against w. c.
ONeal, upon a charge OF contempt, and
against one C. d. Hoskins-the two latter
having died with such proceedings pend
ing.
s. That he corruptly purchased lot
of land in litigation before him. and af-
forwards tried another case, between prac-
tically the same parties, involving the
same lands and directing the jury to bring
in a verdict in favor of the title which
he had purchased.
6. He has appointed as court commits
s;cner one John Thomas Porter, who
maintains an Office at Mariana. while
his residence is ut Grand Ridge, four
teen miles distant, thereby causing great
expense and Inconvenience TO parties be-
fore his court and to the government.
q That he corruptly lobbied with ]
NJ. BaTrs to prevent the re-district;ng OF
the State.
Nashville, Tenn, March 24.-In Wander
bilt University chapel tomorrow a por-
trait of the late Cornelius Vanderbilt will
NE unveiled 1t Is the gift of the widow
of Mr. Vanderbilt and was painted By