Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-01-11
CASE AGAINST SWAYNE
CHARGES FORMULATED BY HOUSE
SELECT COMMITTEE.
Enumeration of Alleged Offenses for
Which the Judge May Be Placed on
Trial Before the Senate.

The articles of impeachment Of Judge
Swayne of Florida will be ready for pre-
sentation tomorrow. They are twelve in
number and enumerate in detail the charges
against Judge Swayne which the House
select committee holds to have been sus-
tanned and which will be argued before
the bar of the Senate in the effort on the
| part of the House to sustain the impeach-
| ment proceedings. The first four articles
| of impeachment contain practically all the
| charges against Judge Swayne, the other
| articles being largely in for the purpose
| of amplification. These first four articles
| together with the brief preamble, read as
| follows:
| Articles exhibited by the House of Rep
resentatives of the United states OF
| America in the name of themselves ana OF
all the people of the United states OF
America against Charles Swayne, judge OF
the United States in and for the northern
| district of Florida, in maintenance ana
support of their impeachment against MIN
for high crimes and misdemeanors In
Office
The first article recites that Judge
Swayne, while at Waco, rex Apfii ~
1897, made and presented to r. NJ. Love
United States marshal for the northern dls-
trict of Texas, a false claim against the
government to the amount of $50. Ihe ar
tIcIe says lDaI JuuSe sway Ho Mn"
claim to be false and used false certih-
cate in obtaining the money.
The second article charges that Judge
Swayne turned in false certlhcate GAZING
for $40 a day for expenses supposed 10 nave
been incurred while he was holding court
at Tyler Tex, for twenty-four days IN
December. 1900.
Article 3 charges that he received the
sum of $40 as expenses for travel ana at
tendance while holding court at Tyler, Tex,
for forty-one days from January IL l3oo
when the reasonable expenses of the SAID
Charles Swayne incurred and paid by MIN
were much less than the said sum.
Article recites that the said Judge
SWayne in 1893 unawfully appropriated to
his own use, without making compensation
to the owner, railroad car peIonsinS ~
the Jacksonville, Tampa and Key west
railroad for the purpose of Transporting
himself his family and frendS from
Guyancourt, Del, to Jacksonville, Fla, the
railroad at that time being in the posses
sion appointed by Judge Swayne, because
the car it is charged, was supplleo WIN
provisions by the receiver which We're con
sumed by Judge Swayne, ana was also pro-
vided with a conductor ana porter a. .ns
exnense of the railroad. 1t is also alieged
that the expenses of the trip were pald py
the receiver out of the funds OF the JACK
sonviIIe Tampa and Key West railroad
and Judge SWayne, acting In his offlclal
oanacitv allowed the credit claimed by
the receiver on account Of this trip as a
mart of the necessary expenses or operating
the road. e, Ala
NOT acnuire a residence in his judicial DIS
trict within the intent and meaning OF the
statute from 1894 TO 1900 ana IL aiso AZ
leges that Judge Swayne did TINS wllfuiy
ana knowing that he was violating the
United States law. This, alone, it is claimed,
constitutes high misdemeanor In once.
Article seven alleges non-resldence ana
carries the period of non-resldence from
July %, 1894, to January i, 1903 ana al
violation of lay ana HSn mlSUe-
meanor. e,
in November, 1901, at Pensacola, Fla. ma
liciously and unlawfully declared r. L.
Davis, lawyer, guilty of contempt of
court This, the article says, shows that
Judge Swayne was guilty OF an abuse Oh
judicial power, OF mlspehaVlor anu VI hSh
misdemeanor in office.
Article is practically the same Is ar
ticle 8 except that the words knowingly
and unlawfully'' are used to characterize
his act in filming and imprisoning Mr.. DAVIS.
Article 10 is practically Identical with ar
ticle except that it relates to one Simon
Belden, instead of e. T. Davis, and article
II is the same as article 9 except that it re-
lates to Beden instead of to Davis.
Article u alleges an abuse OF judicial
power in that Judge Swayne committed w.
C. O'Neil to prison for sixty days for an
alleged contempt of the district court at
Pensacola, Fla, December 8, 1902, which
commitment the committee holds to con-
stitute high misdemeanor in office.
In closing the report says: And the
House of Representatives. by protestation,
saving to themselves the liberty of exhibit
ting at any time hereafter any further ar
ticles of accusation or Impeachment against
the said Charles Swayne, judge of the
United States for the northern district of
Florida, and also of replying to his answers,
which he shall make under the articles
herein preferred against him, and of Of
fering proof of the same and every part
tAereof and to all and every other article
or accusation or impeachment which shall
be exhibited by them as the case shall re-
ouire do demand that the said Charles
Swayne may be put to answer the high
crimes and misdemeanors in office herein
charged against him and that such pro-
ceedings, examinations, trials and judg-
ment may be thereupon had and given as
may be agreeable to law and Justice