The Montgomery advertiser., 1905-02-28
.SWAYNE IS
 ACQUITTED Not Guilty, Says United
 States Senate. VOTE LARGELY PARTISAN Famous Impeachment Pro-
 ceedlngs Ended. The Naval Appropriation Bill Passed, Carrying aa Expenditure of sioo,- soo,ooo, After Considerable
 Debate.

OCW6tGs Washington, Feb. 27.--The Senate to- day concluded the impeachment trial ot Judge Swayne by acquitting him on all the charges made against him in the articles of impeachment presented by the House. and then passed the naval appropriation bill.
 at 10:10 o'clock, 20 minutes after the Senate convened and continued until I1:4s. There was no dissension. all the time being consumed in taking the twelve votes necessary to dispose of each of the articles. The highest vote for impeachment was thirty-five votes and the lowest against 1t, forty-seven. On two articles charging the use of private railway cars only thirteen votes were cast for conviction. The larger votes were largely along party lines.
 The naval bill was discussed by Messrs. German. McCumber. Black burn. Carmack. Hale, Lodge, Martin Perkins and Teller. Mir. Hale again criticised the too rapid increase of the navy and Mir. Lodge defended the policy of the administration in foreign mat ters and in naval increase. The naval bill as passed carried a total appropri- ation of, si00, SOC. .0oo. fe
 The Senate met at s:50 a. m today for the purpose of making final disposI- tion of the swayne Impeachment cases by voting upon the articles of impeach- ment. There was an exceptional att tendance of Senators and the galleries were crowded. Many members of the House were also in attendance. They occupied seats especially set apart for them in the rear of the Senate chamber and followed the proceedings with tie closest attention.
 Between the hour of meeting and the beginning of the trial. MT. Frye asked and obtained unanimous consent for fixing time to consider six bills regu- latinE the inspection of steamboatx re- ported from the committee on com- merce. The necessity for the proposed 1egisiation had been made apparenh he said. by the disaster to the General siocum in New York. The time was fixed at p. m. Tuesday.
 The Last Chapter. The House managers in the impeach- ment case and the attorneys for Judge Swayne were then ushered in and took their usual seats and the sergeant at arms for the last time made proclama- ton of the trial as usual. threatening Imprisonment for a violation of the rule imposing silence.
 Judge Swayne was not present.
 Mir. Platt (Conn.(, presiding an- nounced that the rule prohibiting ap- plause would be rigidly enforced. a vi- olation resulting in the certain eviction of the offender.
 The trial preliminaries required only ten minutes. The first article of ini- peachment was then read and the vote taken on 1t.
 In this article Judge Swayne was charged with making a false certificate for expenses while holding court at Waco. Texas. "Senators' said the pre- siding officer when the article was read how say you? is the respondent. Charles Swayne guilty or not guilty as charged in this article7"
 The calling of the roll by the Secre- tary was then begun. Mir. Aldrich's was first. He was not present. so that the first Senator to rise in response to the call was MT. Aiger. who voted mot guilty" In clear and distinct tones. He was followed immediately in the nega- tive by Messrs. Allison. Alec and Anke- ny, all pronouncing the verdict while standing. All are Republicans.
 MT. Bacon was the first Democrat on the roll and likewise the first to an- swer in the affirmative. finding Judge Swayne guilty. The vote throughout was largely partisan, Messrs. Bard Kittredge, McCumber and Nelson, Re- publicans. voting with the Democrats for conviction. and Messrs. Dubois and Gibson casting their ballots with the Republicans for acquittal. The utmost quiet prevailed while the vote pro- sressed. The vote stood 3B to 49, be- ing in detail as follows;
 Tka Vnkn
 Guilty-Bacon, Bailey. Bard, Bate. Berry. Blackburn, Carmack, Clark (Montl. Clay. Cockrell. Culberson. Daniel, Foster (La.). German, Kitt- redge. Latfmer, McCreary. McCumber. McEnery, McLaurin, Mallory. Martin. Money. Morgan, Nelson, Newlands. overman. Patterson. Pettus. Simmons. Stone, Taliaferro. Teller-33.
 Not Guilty-Alger. Alice. Allison. Ankenny, Ball. Beveridge. Burnham Burrows. Clay. Clark (wyo), Crane. ham, Deliver. Dryden, Dubois. Elkins Fairbanks. Foraker, Foster. Washing ton, Frye. Fulton, Gallinger, Gamble. Gibson. Hale. Hansbrough. Heyburn, Hopkins, Keen. Kearns, Lodge, Long. McComas, Willard, Penrose, Perkins. Platt (Conn.). Platt (N. Y.). Proctor. Quarles, Scott. Shoot, Spooner, Stew. art Warren-49.
 Under the rule requiring a two- thirds vote to convict. fifty-fve votes in the affirmative would have been nec- essary to convict. As this vote was all most reversed. Judge Swayne was pro- nounced to be not guilty. The chair announced this to be the result, say ing:
 'On Article I of the impeachment If Charles Swayne. thirty three Senators have voted guilty and forty-nine Sem ators have voted not guilty Two thirds not having voted for conviction. Charles Swayne stands acquitted of the charges contained in the first article"
 While the vote was in progress Mir. Knox had asked to be excused from voting, saying that he would have an explanation to make at the close of the vote. He said then that illness had prevented him from either reading or listening to the testimony in the case and he asked to be excused. The re- quest was granted.
 The reading and voting upon the other articles followed in rapid success sion.
 The Other Charges
 The second charge was that of an excessive charge for expenses while