The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-02-04
JUDGE SWAYNE'S ANSWER IN.
sFyATE HEARS THE REPLY 40
INPEACHMENT CHANCES.
Gam. NJ the Charles Denied and Others
Admitted. win the Explanation That
uls Acts We're Perfectly Right and
Ieral-Swayne Failed TO Appear.

,eriea were CrOWdeu NJ noon to-uay W
oo,ators Interested in the Swayne i'm
saocbncnt trial. The hour set for receiv-
H., tho answer OF Judge Swayne TO the
-,iclcs Of impeachment was 1890 o'clock,
I'D ma that hour approached the chamber
S,loI with Senator's. Comparatively few
pcrrc .cntatiyes appeared.
,vactly 1880 o'clock President Frye
..ued Mr.. Platt OF Connecticut TO the
.t,ir and the sergeant-at-arns made
.-o.r.mation commanding silence. The
ah was administered TO Senators Gull
berson. Foster of Washington and Quarles.
Tho managers on the part OF the House
,oro announced and took their seats.
trhe sargeant at arms was directed to
,a,ify the respondent and counsel for the
.osnondent to appear. Former United
states Senator's Anthony Higgins and
Jobn NJ. Thurston appeared. There was
svidently disappointment among the spec
,,,ors that Judge Swayne failed to appear
b. person.
The Journal Of the former session OF
,bo senate as an impeachment court was
tpad.
Mr.. Bacon. ono OF the special committee
:, charge OF the impeachment proceedings,
rarritting the managers on the part of the
House and Of counsel for the respondent
N make verbal or written requests or april
cations; that these requests shall be adj
dressed directly to the presiding officer, and
that II shall not be in order for any Senator
% engage in colloquy. or address questions
either TO the managers or counsel. nor shall
Il be in order for Senators TO address each
other. but they shall address their remarks
directly to the presiding officer.
Yhis order, euspending the ordinary
Unanimous consent rules Of the Senate,
was agreed to without debate.
The presiding officer called upon the
respondents counsel to answer the i'm
teachment articles, and MIR. Thusrton re-
sponded reading lengthy answer.
The respondents answer TO the first
article Of impeachment was that be was
entitled 10 the compensation OF $40 day
for necessary travel and attendance while
attending to his duties outside OF his district;
that he admitted making a certificate for
$3.50 for expenses at the rate of $40 day,
hut insisted that the law contemplated
the payment OF this sum. as reasonable
compensation, without requiring an item
led statement Of each days expenditure
and that this construction has been placed
on the law by many other United States
Judge
Included IN the answer are certified copies
Of Treasury accounts showing that pay
heut- IT Si0 "A day for expenses were made
70 Uuitsd States Judges Mccormick. Shelby,
Boarman. Pardeo, Meek. Newman. Toulmin.
BRYANT all in the Fifth circuit jenkins. F. Z.
Baker. Seaman, Bunn Humphrey. Ander-
son and kohlsaat. of the Seventh circuit;
and Morrow. Ross, De Haven, Gilbert
Ralln2cr, Beatty and Hawley, of the Ninth
circuit. The number OF each account. the
number Of days charged and the amount Of
moucy paid are fully set forth. Permission
IS asked TO attach similar statements as
toothcrcrcuits when they are obtaine ed from
tho Secretary Of the Treasury\
The answer Of Judge SwayneSo A-++4cfcs-
il. and III. relating 10 the same subject,
l. simil1rtoth atin reply to ArticleI
Article ~ charges Judge Swayne with
uu.HWfuliy appropriating 10 his own Use,
without compensation, private car OF the
Jacksonville Tampa and Key West Railroad
Comrauv IN 1893, while this company
was in the hands Of a receiver appointed
by Svayne. In reply to this charge he
Favs iu his answer that the receiver was not
tppo!nied 10y him. but by Judge Par
siee; that he did use the car, but
THAT the transportation was absolutely
tvith0ui cost TO the railroad company. IL |
telng hauled free by other cor ranles:
Chat the porter was the regular en- .oyee |
Of the company. that the provisions con-
kuIncd we're for two meals only and the |
cost thereof 30 trivial as to he Of 10 account; !
end that be accepted the use of the car "a |
q courtesy without having been placed |
under any obligation whatever, it being |
? personal matter and not affecting his |
official action.
The fifth article, relating to the same |
eubJctt was answered in practically the |
pane way. Judge Swayne declares that |
be paid Tor the provisions used by himself |
and friends on The trip. leaving on the car |
nore than was on board when the trip was !
begun
Judge Swayne denies the charge of the |
si1th article that he did not acquire resi- |
uence IN tho Northern district OF Florida, |
end SAYS ms residence j. now 10 West La |
qua street. Pensacola. Fla, which is in the I
Northern district, where he has lived since /
Sct, J, 1903 Before Oct. /, 1900, he lived IN |
pensacola with his family, and says he has |
personally lived there since 1894.
=, As 10 Article VIII. Judge Swayne admits |
mat on Nov. r. 1901. he did adjudge guilty |
q contempt Of court and impose a fine OF /
900 upon, and commit to prison for ten I
uays. /. T. Davis, but he denies that such /
hcuon was malicious or unlawful. but, /
on the contrary, was inspired by a high /
I
te could not have done otherwise than to /
have punished Davis.
Judge Swayne further denies that he had |
any night or interest whatever in the real |
estate involved IN the eiectment suit
Drought before him. and that he therefore
refused 10 re-cuae himself on the trial of
ne case. He charges Louis p Paquet
eHneon Belden and +. T. Davis with con-
slnnng TO cause it to appear that Judge
pN5!ho mad M interest in the real estate,
thd ihai they brought suit in the State
cyuTt ana caused aim TO be summoned to
eplNar and answer whether or not he was
Interested IN the real estate in question. This
A0 j. declared by Judge Swayne TO have
constituted a contempt Of his court and an
tlempt Al intimidation.
ihereupon he adJudged Belden and Davis
sli'y o. contempt and fined them slCn each
~ oTlered them committed TO Jail for ten
p4{'' Beldon and Davis sued out a writ Of
IIs9eas corpus before United States Circuit
s.uge fardee, who held that both had been
FVi-Iiy and justly committed for con-
smil' hut that the Court did not have
P,EeI w impose both fine and imprisonment
or. lnur-t"n moved that leave be granted
W attach 90 the answer additional comics
=, GER itcate- Of the Secretary Of the Treas
~ OF expense accounts of United States
seuge7 IN districts not included in the
answer.
FAIRBANKS. ~ III
Manager Palmer Objected IN tho motion