Evening journal., 1905-02-28
.ACQUITTAL OF
JUDGE SWAYNE
Ex-senator Higgins Was
One of the Accuseds
Counsel
HlT GUILTY ON FIRST BALLOT

As stated in a late edition Of The
Evening Journal yesterday the senate
at Washington acquitted Federal Judge
Charles Swayne Of Florida on all twelve
counts OF the impeachment articles
against him. The closest vote was on
the last article, the contempt case Of W.
! G. O'Neal, when thirty-ive Senator's
voted guilty and forty-seven not guilty.
on two articles only thirteen Senators
voted for conviction.
Ex- Senator Anthony Higgins OF this
city and ex-senator Thurston OF Me-
braska were counsel for the accused
Judge. Ex-senator Higgins fought for
Judge Swayne as a lawyer and friend
and his efforts were rewarded with
success. The Judge has many friends
in this city. he having formerly re-
sided at Guyencourt near here.
When the last ballot has been taken
land Il was found that the defendant
had been acquitted on every count. the
president OF the court. Mr.. Platt. OF
Connecticut. directed the secretary OF
he Senate to read the verdict Of acquit-
tai. and on motion of Mr.. Fairbanks the
lSenate, sitting as a court OF impeach-
ment, adjourned without day.
no case DISCUSSED.
Some OF the leading lawyers IN the
lSenate, discussing the case later, de-
cltred that fidelity to the law had rem
ldered their vote for acquittai impera-
tive. although they were dlsinclined to
pronounce the judge absolutely inno-
cent. Comment was heard IN some
lquarters as to the advisabiiity OF pro-
viding a means for removal OF jurists
who may demonstrate their unhtness
for their high Office without committing
la high crime or misdemeanor There
lalso was informal discussion Of the ad-
Visibility OF so amending the statute
providing for expenses Of federal judges
as to leave no opportunity for doubt as
TO it's proper construction.
Judge Swayne, his counsel and Sena-
tor Platt, as presiding officer OF the
Senate IN the Impeachment proceed.
lings, received congratulations. Demo-
Gratis as well as Republicans were loud
IN their compliments Of Senator Plat
on the perfect equality Of his rulings
and the mastery manner in which h,
had conducted and expedited the pro.
ceedings.
The preliminaries required only ter
minutes. The first article OF iinpeach.
lment was read and the vote taken OF
Il. In this article Judge Swayne wal
charged with making a false certificate
for expenses while holding court a
. Waco, Tex.
Acquitted on First Ballot.
The vote on the first article stood 81
e to 40. being in detail as followsi
Senators" said the presiding oflcer
p "how say you? Is the respondent
= Charles SwRyne. guilty or not guilt!
r as charged In this article?"
The calling OF the roll by the seere
a tary was then begun. Mr. Aldrich'
name was first. He was not present
4 so the first Senator to rise was MI
Alser, who voted mot guilty" He wa
followed Immediately in the negativ
by Messrs Allison. Alice and Ankeny
Ian Republicans. Mr.. Bacon was tn
first Democrat on the roll. and the frs
to answer I'm the affirmative. fndini
y Judge Swayne guilty. The vot
n Throughout was largely on party lines
Messrs Bard. Klttredge, McCumber AM
J. Nelson. Republicans. voting with tn
= Democrats for conviction. and Messrs
b. Dubois and Gibson. Democrats, wit
. the Republicans for acquittai. The ut
2, lmost quiet prevailed while the vot
e proceeded. II stood ss to 40. being 4
n detail as follows:
y Guilty.
Bacon. Bailey Bard, Bate, Berry
e, blackburn, Carmack, Clark Mont
n lClay. CoclSrel. Culberson, Daniel. Eos
ter DAD. German. Kittredge. Latimei
y McGreary, MeCumber. McEnery, Nc
8 lLaurin, Mallory, Martin. Money, Nor
T. gam Nelson. Newlands. Overman, Pat
terson. Pettus, Simmons. Stone, Talia
l. ferro, Teller.
Not Guilty.
Aiger. Alice, Allison. Ankeny Bal
a lBeveridge. Burnham, Burrows, Clapl
: lClark CWyo). Crane. Cullom, Depev
4 dick, Dietrich, Dillingham;, Dollive
II dryden. Dubois Elkins, Fairbanks, For
n aker Foster (wash.), Frye, Fultoi
n IGallinger, Gamble. Gibson, Hole, Hans
thorough. Hepburn. Hopkins. Keal
lKearns. Lodge, Long. McComas, Mi
Il