New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-03-29
DEFEND JUDGE SWAYNE.
Minority of House Judiciary Com
mittec against Impeachment.

Washington. March 2S-Eepresentative GiIlett OF
California. has prepared and submitted for the
minority report against the resolution adopted
by a majority OF the Committee the Judiciary
to impeach Judge Sgayne, Of the Northern District
Of Florida, for high misdemeaHors. Every ground
urged by the committee for Impeachment is at
tackled IN this report.
on the question Of non-residencs the minority re-
port saws that Judge Swayue moved TO Florida in
1855 and In 1889 was appointed judge Of the North
e-n District Of Florida. and made his home at St
AugustIre The boundaries u tho district were
changed and Swayne removed TO Pensacola The
efforts he made to procure house In that place
are set forth. and It IS shown that he lived in
hotel Judge SwayBe, the report says. was absent
a great deal from his district. but this was due 70
the fact that no was ordered by Judges Pardee and
Mccormick 70 Alabama, Louisiana and Texas.
where he held court from six TO eight months each
year u took him about two months each year 20
try cases begun before his court. The report says
that Judge Swayns in 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
As to finding ONeaI guilty OF contempt tho re-
mort says that ono Greenhut was appointed trustee
OF the Moreno bankrupt estate. that as such trus-
tee and as an officer OF Judge Swayne's court. IN
the discharge OF mis- Official duties. he began an
action against the American National Bank and
other defendants declare certain deed OF prop
recover the property for the benefit Of the creditors
OF said bankrupt. W. G. O'Neal was tho president
Of the American National Bank. and he became
angry at Greenhut because he had made the bank
a marty to this action He went to GreeEhurs office
where the books and papers OF tho estate were kept
to reproach Greenhut for beginning the action, and
went so far as assault Greenhut with a knife
This assault was brought 70 Judge Swayne's notice
by an AFFIDAVIT filed by Greenhut. and he cited
O'Neal to show cause why he should not be pun
TeFvr-- reT1a Of
the court and interfering with him in the lawful
discharge Of his duty. ONeal answered. and the
court tried the matter. found ONeal guilty or con-
tempt as charged and sentenced him to sixty days
IMPRISONMENT. O'NeaI then took a writ Of error 10
the Supreme Court OF the United States. and that
cour+ dismissed it. lie then sued out writ OF
bobeas corpus before Circuit Judge Parfee, and
last November Judge Pardee. Judges Mccormick
and Shelby concurring. dismissed the writ and re-
r,anded o.NeaI 10 the custody Of the marshal
o,eal employed lawyers. the report says. TO lobby
the resolution through the legislature OF Florida
As To finding ReIden and Davis guilty OF con-
ternpt the report says these lawyers were aLtor-
news for the plaintiff in case involving tract
Of land I'm which It asserted that Judge Swayne
was interested. The judges wife had negotiated
for -rs property. but when he found IL was n
litigation the negotiations were dropped While
the suit was pending before 5wayne, the plaintiffs
and their attorneys orOugh, suit IN the state court
AGAINST Svavue 10 eject him from the property.
tto,.rb II is asserted Swayne never had possession
Of IT The suit never pressed. and aIterward
the narties were tried and found guilty OF con-
tempt They sued out writ OF habeas corpus
before Judge Pardes, and he, sitting with two
other circuit judges dismissed the writ
IL the Hoskins bankruptcy case. the report says.
the creditors Of Hoskins petitioned to force him
into bankruptcy. When the matter came W Tor
trial the attorneys for the creditors asked the court
10 continue the case Tor two weeks until they
could procure certain account books which Il was
ALLEGED belonged TO the bankrupt and contained
rr4.1r4l evidence for the creditors. The attorneys
for Hoskus said the books did not belong To the
baukr1rut ana contained evidence Later Mr..
Richardsou a deputy Of the receiver. took the
hooks from the bankrup-s store. The bankrupt
told his son TO take the hooks from the deputy
receiver. and he aid saylnE they belonged TO
him. In doing this, the report asserts, ne dragged
Richardson who Is an old man. from MS buggy.
and Brutality beat him that he confined 10
his bed for several weeks The receiver fled
afldavit in Judge Swaynes court, setting forth the
facts above stated. and asked for rule to cite
young Hoskins 20 appear and show cause why he
Should not be punished for contempt Young Hos
kns evaded the officer, kept the books and never
did produce them. Judge SWayu. refused TO pro-
coed with the trial until they were produced Judge
SWayle afterward returned 20 Pensacola 20 try the
case. but the parties had stipulated 10 Try il in the
following fall Before that time the
settled Young HOskils never arrested.
II appears. according 70 the report, that though
Judge SyVayns was charged with corruption. ig