The Birmingham age-herald., 1905-02-04
Answer Made to Charges Be- fore the Senate as Im-
 peaGhnent Court
SAYS ALL JUDGES COLLECT
 SD PER DAY AS EXPENSES
Used Private Car, But It's Use En. tailed No Expense to the Railroad
 Company-Answer Ia ,.,l,s. . NoIuminous. LAX iSGIl

Washington. February s-Through his counsel. Judge Swayne tooay made form al response in the Senate to the articles of impeachment made by the House of Representatives. The answer was for midable document in point of size.
 Each of the twelve articles of impeach- ment was answered at length, and in every case the fact charged was admit ted, but explained from Judge Swayne's point of view, and in addition it was contended that even if the conditions were true, as charged, they were not of a character to justify proceedings for im- peachment for Thigh crimes and misde- meanors."
 The answer was read by ex-Senator Thurston, and when he concluded the Senate issued an order requiring the House to file its formal reply by next Monday, and directed that all pleadings shall be in by the 9th, so that the trial may proceed on the 10th.
 The proceedings attracted a large au- dience to the galleries, and most senators were in their seats. After the trial was suspended, Messrs. Stone, Barry and Morgan spoke in opposition to the joint statehood bill in its present form.
 During the morning hour, McCumber presented a memorial from the legisla- ture of North Dakota praying for the removal of the tax on alcohol in order that it may be more freely used for fuel. and Mr. Clay, a petition from the National Cotton Growers association for the appropriation of "a few million dol- lars" for the extension of the market for cotton goods.
 Becomes Impeachment Court.
 Promptly at 12:30 p. m. the Senate re- solved itself into an impeachment court for the continuation of the trial of Judge Charles Swayne. The order for the day Included only the answer of Judge Swayne to the accusations of the House, and this was presented by former Senator Huggins and Thurston on behalf of the respondent, who again failed to appear in person. The galleries were crowded and the proceedings were followed with interest. As soon as the preliminaries were completed MT. Bacon, on behalf of the Senate committee, presented an or der which was adopted unanimously pro- vIding that in all matters of procedure the House managers and the defendants 8 counsel may submit requests to the pre- siding officer verbally, or if required in writing; senators cannot engage in a colloouy or address the managers of de- fendant's counsel, but all remarks should be addressed to the presiding officer.
 Mir. Thurston read Judge Swayne answer. a typewritten document of fifty or sixty pages. He took up the speci- f1cation of the charges in detail, con- tending that they were not such as should be taken cognizance of by the Senate. Taking up first the charge of receiving BIO per day for expenses while holding court in Texas, while the judges 8 z exnenses were not so great he admitted inc receipt of the money as charged, but denied that his conduct in this respect was contrary to law, as the allowance Of RIO per day was intended to be fixed and definite allowance for judges when holding court outside their districts.
 Judge Swayne said that other judges had generally drawn the full amount $lo ner day and that up to the beginning or the present proceeding he had not re- ceived any. intimation from the auditing offices of the Treasury Department or from others, that his course in accepting the full amount allowed, was contrary, either to law or custom.
 Used the Private Car.
 The charge that in 1893 Judge Swayne had to his own use a railway car of inc Jacksonville, Tampa and Key West railway. was denied. Judge Swayne ad- 7 mitted the use of the car, but claimed that it was occupied by himself and friends in going from Delaware to flor- Ida on invitation of the receiver of the road. He declared that no expense was incurred by the railroad company on account of his use of the car.
 fudge Swayne also denied that he failed to establish a residence in his district in Florida, and says he has resided In tbat state since 1885, and in Pensacola ad family he has been in the habit of vis- fling his father in Delaware. He ad- mitted frequent absences on account of visits to bis family; the holding of court elsewhere and of tour in Europe, but rontended that there has been no offense In this respect of character to Justify Impeachment for high crimes and mis- demeanors.
 The charge of committing E. T. Davis for contempt, he admitted, but justified as s duty but with reference to the charge That he had presided in a suit relating to real estate In Florida in which he was interested, Judge Swayne denied the hold Ing of such interest. He attributed this charge to A conspiracy on the part of the three lawyers in the case for the purpose nf securing delay and thwarting justice. He also admitted finding and ordering to nrison Attorneys Samuel Belden and E. r Davis on the charge of contempt for their conduct towards him in the real es- tate case and said his conduct in that matter was justifiable as was shown by ,ba fact that the sentence was affirmed hv Judge Pardee of the United States ,ircuit court Judge Swayne also justified his course in punishng W. c. O'Neal saving that his course In this case had haen due to the fact that O'Neal had m, de a murderous assault upon trustee m bankruptcy appointed by him (Swayne) n a bankruptcy proceeding
 Wants to File Expense Accounts.
 The answer was concluded at 2:25 D. n., tlmost two hours after 1t had begun. After he concluded. Mir. Thurston asked or time to file exhibits regarding certf- ,ates of expenses of circuit judges not yet received from the Secretary of the Treas ,ry, but on objection by Mir. Palmer the request was withdrawn.
 On motion of MT. Fairbanks an order