The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-02-28
JUDGE SWAYNE is ACQUITTED.
NOT EVEN ( MAJORITY or SENATE
VOTED INV GtTTTi.
ON one Article Only 10 Nerc In Favor cf
Conviction The Result forcEone
tUnclu,iOn Trial tnlpttrcstlng and
S.nator1 Chafcd Under tho Delay.


trial before the Senate under Impeachment
articles voted by the House of Representa-
tyee had lasted several weeks was to-day
acquitted of every one of the so-called
"high crimes and msdeneanors with
which he was charged. There was little
Of the dramatic in the final scene and
Senator's breathed deep sigh of relief
when the prosy case was disposed Of
There * now no impro priety in saying. az
there might have been while the trial was
in progress that the acquittal Of Judge
Swayne was a fore gone conclusion. 1t
had become apparent 70 those who made
careful inquiry into the case that there
was enough in the attitude OF Judge
Swaynes original accusers to suggest
political prejudice and added to this was
the knowledge that the House, after once
declining to impeach on the evidence pre-
sented. would not have sent Judge Swayne
to trial before the Senate if the entirely
new charge affecting his alleged over
certifcaton of official expenses had not
been brought forward by the Jealous
Representatives who conducted the in
vestiGation.
From the beginning to the end the trial
has been dninterestng and Senator's
have chsfed over what they regarded
as the unnecessary invocation Of the pom
derous judicial machinery of their chamber
to thresh out matters that many considered
Of no consequence and even frivolous.
Judge Swayae was represented in the
trial by two former Senators. Anthony
Higgins of Delaware and John NJ. Thurston
of Nebraska. who contented themselves
with calling comparatively few witnesses
TO counteract tho testimony of those called
by the prosecution.
Some surprise was created over the fact
that Judge Swdyne'= coun1e did not ask
10 obtain eyide nee from any United States
Judges that they also construed the appro-
pirate law to mean that each was to have
the lump sum of $40 day for travel and
attendance while conducting judicial bust
ness outside his district even when these
expenses were below that amount. This
allegation of overcharging was the strong
est count against Judge Swayne. but it
was materially weakened by a report from
the Secretary of the Treasury that many
other Judges habitually certified to the
accounting officers that they had expended
the full amount.
Under the terms Of the Federal Constitu-
ton the votes Of two-thirds Of the Senator's
present are required TO convict Il civil
officer but in no instance did those who
voted guilty to-day comprise even
majority. The high tide and the low tide
of the voting on the charges ranged from
90 and A. for acQuttal to 10 and 30 Tor con-
viction. respectively.
That the suspicion was prevalent on the
Republican side of the Senate that Judge
Swayne's troubles were due primarily 10
the bitter political prejudice existing against
iffH tod fh.s ut
that nearly all the Republican Senators
voted for acuuittal Generally speaking,
the Democrats voted for conviction, but
some Of them said mot guilty upon GER
tain articles and on one count n majority
Of them raised their voices in Judge
Swayne's favor.
fo-day's closing proceedings were brief.
They consisted wholly in the recording
of votes on the twelve counts in the House =
Indictment Crowded galleries confronted
the Senate when it assembled at 10 o'clock
and a. usual most OF the spectators were
women Many members OF the House
came over 70 see the concluding scene
and were accommodated with seats on the
floor. Judge Swayne's counsel were present,
but he remained in an ante-room Three
of the seven managers or prosecutors OF
the House, Representatives Palmer, Ohm
stead and De Almond, were on hand.
Senator Plat Of Connecticut called the
Senate TO order "a a judicial body. He
warned the galleries to refrain from any
demonstration and instructed the sergeant
alarms and the doorkeepers to eject
anybody who applauded.
The first article charged Judge SwHyne
with making false returns of his expenses
Senator Ayers name was the first called.
He rose and voted mot guilty AS the
roll call proceeded the scene became i'm
pressive There was a tense feeling mani
feat throughout the chamber, for this
was regarded as the te5t ballot. II soon
became apparent, however. that majority
OF Senator's including some Democrats,
we're for acquittal, and the tn2l result
showed 40 voting not guilty and only
80 voting guilty Fifty-fve votes would
have been necessary to convict
At the conclusion OF the roll call the
presiding officer announced impressively:
"Two-thiris of the Senators present not
having voted guilty Charles Swayne. the
respondent, stands acquitted of the charges
contained in the frat article Of impc2ch
ment The vote IN detail follows:
Guilty Bacon. Bailey, Bard Rats; Berry.
HiaokhIrn, Carmlst 'lArk OF Montana.
Of Louisiana. Go-man. KlttridEc,, .fatimrr,
McCreary,. Mcrumeer. NcE9ery, Mci.Tprin.
ErWlnas. OVrrmnn, Patterson, Pettus, Sim
mons stone Talmfcrro Teller
Not Guilty Agct, Alice. Allison, Ankcny.
Clark Of Wyoming Crane Culiom Deprw.
Dick Dietrich. DIlinghem, polllvor, Dry
den, DnhulS. ElklfH. EIirbauhE. forukfr,
Foster of Washington, F-ye Fulton. Cal
lLng"r Gamble Gibson. Hnlc, ilansbrolgh,
Hepburn Hopkins, Kcln. KcsrrA, Lodge.
Long. NcComaS Willard Penrosc Perkins,
Pint, OF Connecticut. Plat of New York
Proctor Querlc5 Scoot Smoot. Spooner.
Stewart and Warren
The second and third charges related
also 10 the alleged Justification of expense
accounts by Judge Swayue and both bal
lots were the same, % for conviction and
% for acuuittal. Clark OF Montana changed
his vote to mot guilty
BY this time the proceedings had lost
much of their interest 10 the greater num-
her OF spectators The roll calls were
becoming tedious and the feeling of inn
preasiveness faded into the commonplace
through much repetition When the vote
on the fourth article was concluded il was
found that only bare corporal's guard of
70 had voted 10 convict. against o.
This article charged Judge Swaync with
appropriatlng TO his own use for n journey
from Florida to Delaware a private car OF
the jacksonville, Tampa and Kay West
Railroad Company then in the hands Of
receiver appointed by Judge Swayne. All
those who voted guilty were Democrats.
They We're
HALEY, Berry Blackburn. Csrmaok. Cock
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