The Savannah morning news., 1904-03-29
MINORITY HAS A
WORD FOR SWAYNE
STANDS BY THE JUDGE
AND ATTACKS GROUNDS OF MA
JORITY'S CHARGES.

Defense of the Federal Judge of the
Northern District of Florida Is
Made by the Minority Members of
the Committee ON Judiciary,
Which Recommended His Inn
peachment-Answer Thnt Is Made
to the MajOrfty's Arraignment.
Washington. March -Representa-
tive Gillett, of California, has prepared
and submitted for the minority, re-
port on the resolution agreed to by a
majority of the Committee on the Ju-
dietary to impeach Judge Swayne of
the Northern District of Florida for
high misdemeanors. Every ground
urged by the committee for impeach-
ment is attacked by this report.
First. On the question of non-resi-
dence, it appears from the minority
report that Judge Swayne moved to
Florida in the year 1885, and in 1889
was appointed district judge of the
Northern District of Florida and made
his home at st. Augustine. The re-
the districts was changed and that
Swayne removed to Pensacola. The
efforts he made to procure a residence
in which to live in that place are set
forth, and it lis shown that he lived
there in a hotel.
Judge Swayne, the report says, was
absent a great deal from his district,
but this was due to the fact that he
was ordered by Judges Pardee and
Mccormick to Alabama, Louisiana and
Texas, where he held court each year
from six to eight months. 1t took him
about two months each year to try
cases commenced before his court. The
evidence shows that Judge Swayne
during all the time complained of was
trying cases in Florida, Alabama,
Louisiana and Texas, on an average
of about nine months each year, and
that in July and August he took his
vacation.
Second. Finding O'Neal guilty Of con-
tempt. The evidence shows that one
Greenhut was appointed trustee of the
Moreno bankrupt estate, that as such
trustee and as an officer of Judge
Swayne's court in the discharge of his
official duties, he commenced an action
in the court of Florida against the
American National Bank and other
defendants, to declare a certain deed
OF property and mortgages thereon null
and void and to recover the property
for the benefit of the creditors of said
bankrupt.
"Reproached" by O'NenI.
One w. C. O'Neal was the president
of the American National Bank and
he became angry at Greenhut because
he had made the bank a party to this
action. He went to Greenhut's office.
where were kept the books and papers
of the estate, to reproach Greenhut
for commencing the action, as he ad-
mits himself, and did reproach him for
so doing and went so far as to make
an assault upon Greenhut with a,
knife, and cut him through his ear.
across his face to his mouth and stab
bed him three times.
This assault was brought to Judge
Swayne's notice by an affidavit filed
by Greenhut, and he cited O'Neal to
show cause why he should not be
punished for contempt for assaulting
an officer Of the court and interfering
with him i'm the lawful discharge OF
his duties as such officer. ONeal an
swercd, the court tried the matter
found O'Neai guilty Of contempt, as
charged, and sentenced him TO sixty
days Imprisonment.
O'Neal then took a writ Of error TO
the Supreme Court OF the United
states ana tnal court last June dis
missed II. He sthen sued out a writ Of
habeas corpus before Circuit Judge
Pardee and last November Judge Par
dee, Judges Mccormick and Shelby
cOncurrlng, dismissed the writ and re-
manded O'Neal 10 the custody OF the
marshal. u war y Neal that employed
lawyers 20 lobby the resolution
through the Legislature 0f Florida and
he also employed the attorneys who
represented the prosecution az the In
yeatigatlon.
The Contempt Cases.
Third. A. 20 hndinR Belden and Da-
Vie guilty 0f contempt These lawyers
were attorneys f0r fne plaiDfin in "a