The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-12-14
HIGH CRIMES AND
MlSDEMEAN0RS.
Continued from First page.


Office" he said, taking up the merits
OF the case. He was sure that the
House, if it was satisfied from the tes-
timony that Judge Swayne was an un-
just and unworthy man, would not hes
ltate to see that the formal charges
were made against him, land he be ar
raigned 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
sacola.
The judge" he said, striking his
desk, when he studies the case and
the report. says that he did not swear
far enough and he tiptoes on this ques-
ton of residence"
Judge Swayne's amended testimony,
he declared. amounted to but little,
because when the judge took the steps
10 acquire n residence in his district.
he had wind of these Impeachment
proceedings"
Continuing, Mr.. Clayton said that
the Improbable offense of Judge
Swayne in violating the statute as to
residence had been committed. and
secuent acts.
The question of Judge Swayne's resi-
dence also was discussed by Mr.. Gill
lett of California, who insisted that
Judge Swayne had distinctly shown
an intent to make Pensacola his home.
All the efforts and industry of the
parties making the charges against
Judge Swayne, he said. had not pro-
duced a single witness who said Judge
Swayne resided or had a home in Della
ware.
To his mind, Mr.. Gillett contended,
II made no difference If Judge Swayne
was not in Pensacola over twenty days
a year. because he might have been
somewhere else, doing business for
his country" The record. he declared,
showed that Judge Swayne went to
| Florida, Alabama and Texas to hold
court There was no evidence" he
maintained, that anybody suffered in
jury by reason of the fact that Judge
Swayne was not in Florida"
The judicial acts of Judge Swayne
were next taken up by Mr.. Gillett, who
justified them on the ground that
| Judge Swayne not only had the legal
right to act as he did in the several
cases complained Of but also had juTis-
| diction so to do.
While he admitted in reply to a ques-
! ton by Mr. Palmer, that travelling over
the country by Judge Swayne i'm a
! private car of the Jacksonville, Tam
| pa and Key West Railroad, then in
the hands of a receiver appointed by
Judge Swayne, was thing that ought
not perhaps to have been done, ii did
not constitute an offense of that enormi-
ty, involving that turpitude that should
! cause his Impeachment. No harm nor
injury, he asserted, was done, nor was
II shown that it was intended for any
corrupt purposes.
| Aaonuut
The subject of the amounts charged
by Judge Swayne and sworn to as hav-
ing been expended by him for reason
able expenses. was. said Mr.. Gillett
a matter requiring consideration, and
unless explained away and excused by
| some circumstance, was a serious ac-
cusation. If the $40 a day, he said,
was collected by Judge Swayne with
wrongful intent, fully believing and
| knowing he had no lawful right to the
I same, its collection should not be ex-
cused. But, he argued, If II was col
lected by Judge Swayne In the honest
belief that he was allowed a fixed sum
OF $40 a day regardless of the actual
amount of his expenses, he should be
excused. This" he said, lis the only
question worthy of consideration.
Mr.. Mann of Illinois provoked laugh
ter by calling attention to the fact that
case one way and a speech the other,
and he tried to secure a categorical an
| swer as to whether or not he thought
the resolution should pass.
When the roll call comes" said Mr..
Gillett, ''the gentleman from Califor-
mia will tell you"
Then" retorted Mr.. Mann, II shall
be compelled to vote after the gentle
man."
IF you will follow the gentleman
from California" quickly replied Mr..
Gillett, you may vote correctly"
This response was greeted with APP
plause from a number sitting around
him.
Texas Man for Impeachment.
Vigorously urging the adoption Of
| the resolution Of impeachment, Mr.
| Henry of Texas declared that Mr.
| Gillett had made an argument in fa-
vor of emasculating the charges
| against Judge Swayne except the one
count of improperly certifying to his
reasonable expenses. Judge Swayne,
he said, should be impeached for
"misbehavior, corruption and tyranny
as a judge" and he urged the House
| to vote in favor of the resolution and
send the charges to the Senate.
Mr.. Powers of Massachusetts de-
clared that the real question was
whether Judge Swayne ought to be
| impeached upon one or more articles
of the specifications. He reminded the
House that 1t had no constitutional
power to pass on the guilt or innocence
of the respondent I'VE have no right"
he said, ito take from him the pre-
sumption of innocence which he en-
| joys under the constitution" All the
House had to do. he said, was to say
| whether there had been a probable
cause of guilt. II the path of duty in
this case, he argued, was beset with
] doubt. he would gladly accord the ben