Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-01-27
WILL ANSWER FRIDAY
Judge Swayne Granted a
Week by the Senate.
TRIAL SET FOR FEB. Is
WITNESSES MUST BE HERE
FEBRUARY 10.
Action Taken in the Impeachment Pro-
eedings-Statement of the
Managers.
TRIAL SET FOR FEB. IL

Judge Swayne was to make his first ap-
pearance in the Senate today in connection
with the impeachment proceedings against
him had the effect of attracting an excep-
tionally large attendance to the galleri0s
Through his counsel Judge Swayne
asked seven days to make answer, which
was granted
Manager Palmer offered an order that
witnesses be summoned on the 10th of Feb
ruary and that the trial proceed on Feb
ruary Is.
Mr. Bailey thought the trial could pro-
coed on February B.
Mr. Spooner said it would be undue haste
to have the trial proceed on the day the
answer of Judge swayne was made.
In reply to Mr.. Blackburn Manager
Palmer stated that in following preceoents
all papers and pleadings had to be SUD-
mitted to the House for approval.
The order was finally agreed to, ana
the Senate as trial court ADJOURNED uHt'i
next Friday at 1 o'clock.
The proceedings in the case of the I'M
parchment trial of Judge Charles swayne
of the northern district of Florida drew to
the Senate today one of the largest as
semblages that has ever been within the
Senate chamber 1t seemed that half of the
House of Representatives was present.
standing in the rear of the chamber, there
being most Of the House leaders and mem
bers from all the states of the Union
The galleries were filled to overfoWing
and each door by which the galleries are
reached held q long line of patient ap-
plicants to enter whenever foot or space
was vacated. The senator's gallery was
crowded and all the private galleries, as
we'll as those at the disposal OF the puphc.
The Senate itself was represented by
nearly every member of that body. Sena-
tors had taken the suggestion OF senator
Platt the presiding officer, when last TINS
case was under consideration and made
point to abandon committee work and all
other senatorial duties in order 10 De IN
their places.
Before the desk of the presiding officer
there We're two tables, that to his left being
reserved for the committee of seven man.
ayers on the part of the House OF REPRE-
sentatives, headed by Representative
Palmer. who has led the long fight which
has led up to the impeachment of Judge
Swayne.
on the right of the presiding officer a
table was reserved for the use of the de-
PENDANT and his counsel. There appeared
as counsel for Judge Swayne former Sena-
tors Eugene Higgins and John NJ. Thurs
ton. There was general interest on the
part of those in the galleries and on the
floor to see Judge Swayne himself, but he
was represented by counsel.
At 1 o'clock Senator Plat (Conn.) was
called to the chair. Five senator's who were
not present on the previous day were sworn.
A message was sent to the House announc-
Ing that the Senate was sitting for the
trial of the Impeachment.
Summoned to the Bar.
The proceeding was opened in dramatic
style, Sergeant-at-Arms Ransdell calling
the assemblage to order. and later, in equal
ly dramatic tones, crying: -5-,4-
Charles Swayne, Charles Swayne. Charles
Swayne. judge of the district court in and
for the northern district of Florida, appear
and answer to charges of impeachment by
the House of Representatives against YOU"
Former Senator Higgins of counsel arose
and announced that he appeared as counsel
for Judge Swayne. and read a statement by
the latter in which he and his associate
were authorized to represent him On this
occasion. r.. -' -
From that time on the attention of the
Senate was occupied for half an hour with
the mere matter Of fixing upon a time when
Judge Swayne's answer should be made.
when the managers on the part of the
House should make their reply and when
witnesses should appear.
The plan that had generally been agreed
to and which was desired by the managers
was that the counsel for defendant should
be given until February to make their
ply: that the managers themselves should
have until February 10 in which to reply to
Judge Swayne's answer and that February
ID should be the day which witnesses
should be brought and the trial entered
upon.
Mr.. Fairbanks Motion.
Senator Fairbanks offered a motion to
give the counsel for the defendant until
February 8. after that date had been sug-
gested by counsel and give the managers
until the 10th to reply and to fix the 18th
as the day on which witnesses should ap-
pear.
This arrangement appealed to some of the
senators as involving too much delay and
as making likely a lack Of time for the
proper consideration of the case without
long sessions of the Senate, to which there
is opposition.
Senator Bacon was the first senator to
rise for an explanation of the reason for
this long delay. He made no comment on
1t, but said that in order to vote intelli-
gently senators ought to know why 1t was
necessary to have SO much time for these
preliminary arrangements.
Opposition to Delay.
Senator Bailey of Texas was more pro-
nounced in his opposition to delay. He said
that if this program were adopted he
thought quite likely the Senate would find
itself with so little time to give proper con-
sideration to this important case that it
would be necessary either to devote many
hours daily to It's consideration or to let
much necessary legislation go without ac-
ton.
For his part he could not see why they
should not proceed with the case on Feb
ruary 8. He said that the managers on
the part of the House. had had this mat
ter under consideration for many months
and were perfectly familiar with every
phase of the case. 1t seemed to him i'm
possible that they should need much addi-
tional time. He thought II would be quite
feasible that as much time as they would
need might be given them from day to day,
but for his part he thought the program
as outlined involved far too much delay.
Delay Absolutely Necessary.
Representative Palmer. on behalf Of the
managers, stated that the time they had
asked was only that which would be abso-
lutely necessary for an orderly conduct of
the case. After hearing the reply of the
defendant. he said, the managers would
have to formulate their own reply to that
and submit 1t to the House of Representa-
tives. That would take time, which could
not be well avoided. He said that the
| managers also would wish to interrogate
witnesses who arrive here before they are
placed on the stand, and that would REQUIRE
several days.
In fact, he said. 1t would be utterly inn
possible to get the witnesses here by the
Sd of February for the reason that they are
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