The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-01-28
.SWAYNE'S TRIAL
FEBRUARY TENTH
The Date Fixed in the
Senate Yesterday.
SWAYNE NOT PRESENT
He is Represented BY His Counsel WI o
Ask For Longer Time to Answer
Articles Of Impeachment, and
This is Grant
cd.
(By the Associated Press.l

Washington, Jan. 27.-Through his
counsel, consisting of former United
States Senators Anthony Higgins and
John NJ. Thurston, Judge Swayne to-
day appeared in IT, senate to an
swer summons in connection with the
impeachment proceedings against him
as judge of the United States for the
northern district of Florida. They
asked and obtained a weeks time to
make complete response and the time
for the beginning of the real trial
was fixed at February 10. During the
ceremony the galleries We're crowded,
and a large number of members of
the House We're present in the Senate
chamber.
The discussion of the Statehood
Bill was resumed and Messrs. CALM
ger Bailey and Stewart spoke on the
Gallinger prohibition amendment con-
cerning the sale of liquor in the Indian
Territory.
Before Judge Swayne's counsel ap
peared Mr.. Plat took his seat in the
chair of the presiding officer and the
sergeant -at-arms again commanded
silence "on pam of Imprisonment"
Five Senators who had not before ta
ken the trial oath were sworn. They
~
Blackburn and DepeN- Mr.. Plat ad-
ministered the oath.
A resolution notifying the House of
Representatives that the Senate was
ready to proceed with the trial was
adopted
The return made by Sergeant-at-
Arms Ransdell on the summons upon
Judge Swayne was then read ard af-
ter he was sworn as TO the correct
ffNf 1ex not. h 1I1AI 40
appearance of the respondent saying
Charles Swayne. Charles Swayne.
Charles Swayne, Judge of the district
court for the northern district of Flor
ida, appear and answer to the articles
of Impeachment exhibited by the
House of Representatives against you"
Fixing the Da.c.
Judge Swayne did not appear in
person, but through his counsel, eX-
Senators Anthony Higgins and John
NJ. Thurscon. Mr. Higgins announced
the presence Of Judge Swayne in the
city, but said that he desired to ap-
pear by his counsel, who had his war
rant for so doing.
Mr.. Thurston then offered motion
granting his client until February 3rd
TO prepare his answer, and the motion
being formally presented by Mr.. Fair
banks of the Senate special committee.
it was adopted.
An order fixing the time for pro-
ceeding with the trial caused some de-
bate. Manager Palmer named Feb
ruary 10th as the time for which wit
nesses should be summoned and Feb
ruary 18th as the time for proceeding
with the trial
Mr.. Thurston expressed Willingness
i'll Judge SWayne's behalf that the
III Oh ha fixynd Al IN
this order, but said that he would
prefer to proceed on the 10th.
Mr.. Bailey suggested that the trial
should proceed on February imme-
diately after receipt of Judge Swayne's
answer, saying that unless this date be
fixed there would necessarily be great
haste, either in the trial or in the
matter of legislation. He said the
House managers are familiar with the
facts in the case and should be ready
to proceed He moved to amend the
order so as TO require the trial to pro
ceed on the third.
Mr.. Spooner thought the proposed
change would cause undue haste and
Manager Palmer said that time would
be necessary for the managers to pre-
pare a replication or demurrer as the
case might be, and that this could
NOT be done on the 3rd, especially as
IL would De necessary TO present the
reply TO the House.
Mr.. Palmer added that the witnesses
in the case are in Florida, Texas and
Louisiana and that it would be a
physical impossibility to have them in
Washington by February 8.
In view of this explanation Mr. Bal
ley withdrew his amendment and the
order was adopted. -&fN
The trial Proceeding then termina-
ted for the day.