The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-12-02

Washington, November 28.-Mrs.
Susan Downs a the first witness
heard today by the House judiciary
committee. which is investigating the
Judge way case She keeps a oard-
ing house at Waco, Texas, where Judge
Swayne stopped three times when he
held court in that city. She charged
Judge Swayne at the rate of $40 per
month for himself and S6S per month
when he was accompanied by Mrs.
Swayne.
The cross examination of Robert J.
Boone, was resumed. Attorney Lidden,
for the prosecution, endeavoring to con-
meet Dol with John NJ. Calhoun in
the bankruptcy proceedings against
Hoskins.
While Attorney Higgins was conduct
ing a redirect examination of Boone
concerning the Hoskins bankruptcy,
Mr.. Palmer of the subcommittee OBJ
jected to his line of questions and the
There seems to be a disposition on
the part of this Witness" he said, ito
blacken the character of this old man
HoskinS with every answer he makes"
A little later Boone testified that he
filled a claim of John NJ. Calhoun
against Hoskins, after the case had
been going some time.
THAT was when you needed more
claims to keep your petition going"
observed Mr.. Clayton of the sub-com>
imittee. Boone denied that any conspir-
acy or arrangement between himself
and Calhoun existed against HoSkins
He also said he could not remember
whether he had suggested Calhoun as
a receiver for the HoskinS property, but
thought not. He said the reason he re-
fused to settle when checks were offer
ed to pay some of the claims against
Hoskins was that no offer was made
to pay the costs.
Boone asserted that it was never
brought to the attention of the court
that Hoskins was willing to settle in
full with his creditors.
During the examination of Boone, he
explained the indictment against him>
self alluded to asst Saturday. He said
ne was charged with the embezzlement
of $50, and said the charge was the re-
suit of a disputed claim over
with q travelling agent of the company
which he Boone) represented as local
agent. Mr.. Palmer subjected Boone to
a searching inquiry concerning the let
ter signed by a ubber stamp with
Boone's name. which urged the prose-
cution of C. ID. Hoskins for contempt
in order to break down old man HOS
kins." He was asked who could have
written the letter if not himself. The
witness replied that he did not know
unless it might have been a son OF
Id who was around the office a
great deal. Asked as to the motive any
person other than himself could nave
had in writing the letter. he said that
it would have been to cOnnect Judge
Swayne with the ase by making testf-
mony before this committee, that If the
letter remained uncontradicted it would
show a conspiracy, or, he added, not
that exactly, but a connection betWeen
himself. Tunison and Calhoun with the
Hoskins case. The letter he said,
have been forged after proceedings were
started against Swayne.
Mr.. Palmer asked him if he did not
make an affidavit that Hoskins was
about to dispose of his property and
Boone replied in the affirmative.
And on that affidavit" said Mr..
Palmer, Judge Swayne issued an or
der attaching Hoskins property and de-
prfving him of the use of it n stop
ping his b~usiness?"
Yes" replied the witness, "of course
his business could not go on after the
attachment was made"
Attorney Higgins said that he deSir-
ed to ask Nfr. Liddon, attorney Tor
the prosecution, some questions on cross
examination
Have you ever been informed against
for receiving an illegal fee in a pension
case"
Iiddon answered in b affirmative
and it was brought out that he had re-
ceived one-third of the amount collect
ed, something over $4,000. He had ade
a contract with the pensioner for such
a fee, which fee was paid back after
the information had been lodged Mr..
Iiddon then made a statement concern
ing the matter. 1t a he said. his
first and asst pension case and happen
ed thirty years ago. 1t had not affect
ed his standing in Florida Since then
he had beer elected Chief Justice OF the
Supreme court of Florida and had been
unanimously elected a delegate to the
Democratic national convention.
Judge Swayne then submitted a long
statement giving a history Of his ca
reer, particularly of that portion when
he was judge. He said that h prose