The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-12-14

man, would not hesitate TO see that the
formal charges are made against him.
and he be arraigned at the bar of the
senate and there tried.
Mr.. Clayton was particularly severe
in his arraignment OF what he charac-
terized as Judge Swayne's excuses and
exculpatory testimony regarding his
failure TO acquire a residence in PEN
sacoIa.
All" he said, striking the desk.
when he studies the case and the re-
port he sees that he did not swear far
enough and now ne tiptoed on this
question of residence"
Judge Swayne's amended testimony,
he declared. amounted to nothing.
When the judge took steps to acquire a
residence iii his district "he had wind
of these impeachment proceedings"
Question of Residence.
The question of Judge swaynes resi-
dence was also discussed by Mr.. Gil
lett of California, who insisted that
Judge Swayue had distinctly shown an
intent TO make Pensacola his home. All
the effort and industry OF the parties
making the charges against Judge
Swayne. he said. had not produced a
single witness who said Judge Swayne
resided or had home IN Delaware. II
made no difference. he contended, il
Judge Swayne was not in Pensacola
over twenty days a year, because he
umight have been somewhere else do
ing business for his country" The rec
ord showed that Judge Swayne went to
Florida, Alabama and Texas to hold
court.
There was no evidence, he main
tanned, that anybody suffered injury
by reason of the fact that Judge
Swayne not only had the legal right TO
act as he did i'm the several cases COM
planned of. but also had jurisdiction so
to do.
Accepted Railroad Favors.
While he admitted, i'm reply to a
question by Mr.. Palmer, that travel
ing over the country by Judge Swayne
in a private car OF the Jacksonville,
Tampa & Key West railroad (then in
the hands of a receiver appointed by
Judge Swayne) was a thing that ought
not perhaps have been done. he con-
tended that it did not involve that tur-
pitude that should cause his impeaeh-
ment.
The subject of the amounts charged
by Judge Swayne and sworn to as
having been expended by him for rea-
sonable expenses, said Mr.. GilIett,
which witness explained away and ex-
cused by some circumstances, was a
serious accusation. If the SIC a day
was collected by Judge Swayne with
wrongful intent, its collection should
not be excused.
Mr., Mann of Illinois provoked laugh
ter by calling attention to the fact that
Mr.. Gillett had made a report in the
case one way and made a speech the
other; and he tried to secure a cat
egorical answer as TO whether or not
he thought the resolution should pass.
Retort Courteous.
when the roll CAN comes" said Mr..
Gillett, the gentleman from California
will tell YOU
Then" retorted Mr.. Mann, Il shall
be compelled to vote after the gentle
man."
IF you viii follow the gentleman
from California, quickly replied Mr..
Gillett, you may vote correctly"
Mr.. Powers of Massachusetts declared
that the real question was whether
Judge Swayne should be impeached up
on one or more articles of the specifica-
tions.
Mr.. Littlefeld of Maine defended
Judge Swayne He would not. he said.
vote for any specification he felt the
senate would not sustain.
IF you believe said Mr. Henry Of
Texas, Judge Swayne acted fraudu-
lently in making these accounts, don't
you think the other SPECIFICATIONS would
throw light on his intent?"
No replied Mr.. Littlefield. Il don't
think this house In an Impeachment
proceeding viii undertake to present to
the senate and stand before the peo-
pie on the proposition that II is neces-
sary 10 fely on the atmosphere created
by one sustained charge to sustain n
charge that is vague in it's character"
Mr.. Lamar of Florida. who filed the
original charges against Judge Swayne.
closed the discussion by denouncing the
judge as "tyrannical and unjust"
Voted to Impeach.
The previous question was ordered,
1873 TO 81 The resolution was then
agreed on without division.
Immediately after the adoption of the
impeachment resolution Mr.. Palmer Of
feTed a resolution for a committee of
seven TO notify the senate Of the action
of the house. and IL was adopted.
Another resolution was adopted pro-
viding that committee Of seven be APP
pointed to prepare and report articles
OF impeachment against Judge Swayne.
The speaker thereupon appointed as
the committee TO carry the impeach-
ment into the senate Messrs. Palmer of
Pennsylvania, Jenkins of Wisconsin,
Gillett of California. Clayton OF Ala
bama and Smith of Kentucky.
At 5:16 o'clock the house adjourned