Highland recorder. (Monterey, Highland County, Va.) 1877-1972, 1904-04-01
LIVE WASHINGTON AFFAIRS.
Prosecution Hands Brief I s to House SUI.
committee on Judiciary.
Sweeping Charges Against Swayne.

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The evidence in the Impeachment
proceedings against Judge Charlie
Swavne. OF the Northern district o
Florida, taken in Florida by the House
subcommittee of the judiciary com
mittee. and including the brief o
Judge Swayne before the committee
in his own defense and that of Judge
B. s. Liddon for the prosecution
was furnished to the committee II
printed form for the first time. The
document consists Of 900 printed
pages.
The charges against Judge Swayne
which undoubtly will be set forth il
| the report of the committee to bt
filed by Representative Palmer, are
concisely stated by Mr.. Palmer as fol
lows:
Non-residence in the Northern dis
trict of the state of Florida.
For unlawfully imposing fine ano
Imprisonment of one Z. 7. Davis anc
S. Belden in 1901.
For unlawfully committing to prison
in 1902 one O'Neal for alleged con.
tempt of court.
For conduct unbecoming judge If
appointing one Tunison in 1000, know
ing him to be man of bad character
For refusing fair hearing and tria
to one Hoskins in 1902.
In his own defense Judge Swayne
filed with the committee letters Of in
dorsement from seventeen lawyers and
five other person, not attorneys,
written in November, 1897, recon-
mending to President Mckinley his
appointment to succeed Justice Field
| of the Supreme Court of the United
States. He also filed twenty-four
letters, mostly of Florida attorneys,
written in 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 in 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 bench in 1880. His
appointment was recess appointment
which was not confirmed until April,
1900.
Judge Swayne said he never was a
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 Swayne asked him if he did not
understand the laws of Florida to
be that man could not hold
office there unless he is qualified
eector. Judge Swayne admitted this.
Judge Swayne, in commenting Upon
the proceedings 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 politl-
cal feeling engendered at that period.
There never would have been anything
of this had 1t not been for these
causes"
In stunning 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 ba,ls
of these proceedings, in 1908, nom
resident of this district, and that in
convenience expense and injury have
resulted to litigants in his court by
reason of such non-residence and by
absence from his district
2. That he has appointed and mati-
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 general impress
sion that his court is dominated by
said Tunison in administration OF rus-
tice therein. -,
4. administration of bankruptcy
matters before him, whereby the as
sets of bankrupts were absorbed in
costs and expenses.
d. That he has been guilty OF cor
ruption in his office and oppression in
the following instances:
w. H. Hoskins, against whom IN
voluntary proceedings were brought;
against Samuel Belden and E. T. Dav-
is, who were most wrongfully and UNI
Justly punished for alledged contempt;
against w. c. O'Neal upon charge
of contempt, and against one {: ID.
Hoskins-the two last mentioned hav-
ing died while such proceedings were
pending.
S. That he corruptiy purchased
lot OF land in litigation before him
and afterward tried another case be-
tween practically the same parties in
volving 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 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 inconvenience to parties before
his court and to the government.
7. That h corruptly lobbied with
J. M. Bars to prevent the redlstrlct-
ing of the state.
Congressional and Departments.
The annual report of the Census
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