New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-03-25
CASE OF JUDGE SW4YNE.
The Charges Against Him and HIS
Defence.

Washington. March a-Ths evidence IN the i'm
parchment proceedings against Judge Charles
Swayne. OF the Northern District OF Florida taken
IN Florida by the subcommittee Of the House Ju-
dietary Committee. and including the brief OF Judge
Swayne before the committee I'm his own defence
and that 81 Judge r. 8. Lddon for the prosecution
was furnished 20 the COMMITTEES to-day in printed
form for the first time. The document consists 81
$50 printed Pages The charges against Judge
Swayne. which undoubtedly Will be set forth in tho
report OF the committee be Med tomorrow BY
Representative Palmer. are concisely stated BY Mr.
Palmer follows:
Non-residence In the Northern District OF the
I'nIavfiIiy imposing fine and imprisonment on
E T. Davis and : T. Belden iu 1901.
o'NeaI' Tor alleged contempt Of court.
Conduct unbecoming fudge IN appointing one
Tunison. IN 1902 knowing him 20 20 man OF had
Refusing fair hearing and trial TO one Hoshin,
iu 1902.
In hts own defence. Judge svvayne flied letters
OF indorseueut from seventeen lawyers and i've
other persons not attorneys. written IN November,
1897, recommending 20 President Mckinley his APP
pontmcnt 20 succeed Justice Field in the supreme
Court OF the United States. lie n'so filed twenty
four letters chiefly from Florida attorneys written
in February. Is99 recommending his appointment
as Judge % the With Circuit. which had Just been
created by an act OF Congress.
In his brief Judge swayne reviews his llfs brief
". stating that he was born IN Delaware IN lsG
tee there. In 1855 he moved TO Sanford Fla where
he practised law until appointed 10 the bench IN
1880 His appointment a recess appointment,
and Was not confirmed until April. lSop Judge
Swsyne says he never registered voter. nor
had no paid any taxes IN Florida Ito had spent
his summers chiefly in Delaware. but understood
that the summer months were the proper time FOR
his vacation. His recollection was that one ever
had been injured because OF his absence from Flor
ida and that the business OF his court had not SUI
fered.
Judge Iiddon. IN cross-exsniniuE Judge Svayre.
asked him II he did not understand tho law OF Flor
ia 20 he that a could not hold ONCE there
unless he qualified eector. Judge Swayns
admitted this. IN commenting On tho proceedings
against him. he said 70 tho COMMITTEES that they
were due 10 two csuses-''The malice OF the man
O'Neal, who was sentenced and the intense poti-
feeling enEendered at that period. There never
would have been anything OF this had II not been
for these causes"
IN summing up against Judge 6wayne. Judge
Ilddon de &ared him guilty In the following IN
stances:
That he has been until after tho adoption OF tho
resolution tho basis OF these proceedings in 1893,
ccc esl and injury have resulted TO ntgants
in hts court by reason OF such non-residence and
That he has appointed and maintained as com
missioner OF his court one X 9 Iunl.on. a IlaiS
court il dominated by said Ttnison IN the admin
istrat!On % justice therein. -. 49,
AIaiadministration OF bankruptcy matters hefore
him whereby the assets OF baukruptS were aD-
s1rned in costs and expenses.
That he has been guilty OF corruption IN MS oiILo
and opisressiou fl the following instances; W. H.
Hoskif,s. against whom Involuntary proceedings
were brought. against Samuel Beden and = I
Davis. who were most wrongfully ana unllIstly
punished FOR alleged contempt: against W 9
CgNeal on "a charge Of contempt. and against one
c u Uoskns. the last named having died
with such proceedings pending
That he corruptly purchased a lot or land IN
litigation before him and afterward Tried another
case between practically the same parties, inNoF-
ing the Same land and directing the Jury 70 bring
in a verdict in favor OF the tito which ~ hdd
purchased.
lie has appointed "a court commissioner ono
John Thomas Porter, who maintains office at
Mariana. while his residence is at Grand Ridge
fourteen miles distant. thereby causing great eN
pense and inconvenience TO parties beIoIe MS
court and TO tn government.
That hs corTIutly lObbied with J. NJ Barrs 10
prevent the redistricting OF the State.