The Montgomery advertiser., 1905-02-04
SWAYNE AT
 SENATE BAR
 -e--- Judge Makes Reply to Impeachment. DATE OF TRIAL SET Senate Resolves Itself Into Court for occasion. Accused oaeiai rake. Up the Charges Against Him in Desaii and
 set. rossh His De-
 sepse.


 mai responses bn the Senate to the ar- eticles of impeachment made by tho House of Representatives The ari~ swer was a formidable document in point of size. Each of the twelve ar- ticies of impeachment was answered at length. In every case the fact charg- ed was admitted but explained from Judge Swayne's point Of view, and in addition 1t was eontended that even # the conditions were true as charged they were not of a character to jus |tify proceedings for Impeachment for nigh crimes and misdemeanorS"
 rhe answer was read by ex-senator Thufston and when he concluded the Senate issued an order requiring the House to file its formal reply by next Monday and directed that all plead lngs shall be in by the ninth, so that the trial may proceed on the tenth.
 The proceedings attracted a large audience to the galleries and moss Senators were in their seats.
 After the trial was suspended, Meesrs. Stone. Barry and Morgan spoke in opposition to the joint statehood bill in it's present form.
 During the morning hour, Mecum- Der presented a memorial from the Legislature Of North Dakota praying for the removal of the tax on alcohol. in order that t may be more freely used for fuel. and Mir Clay read a pe- tfffon from the National Cotton Crow CTS C0nventlon for the appropriation sof few million dollars for the ex- tension of the market for cotton goods.
 AR Impeachment Courk. Promptly ak f2:S0 D. m.. the Senate resolved itself into an impeachment court for tho continuation of the trial of Judge Charles Swayne.
 The order for the day included only the answer oe Judge Swayne to the sacaaAfspus g the HpuEe. and this was pFee61tag hs fofns aeHaters r glsins. and Thurston on beha1f of the re- spondant. who again failed to appear in person. The galleries were crowd ed and the proceedtngs were followed with interest. As soon as the prelim- inafIes were completed, Mr. Bacon; on behalf of the Senate committee, pre- scented an order. which was adopted Unanimously. providing that in all matters of procedure the House man. agers and the defendants counsel may submit requests to the presiding offl- cer verbally, or if required, in writ. ing; Senators cannot engage in colio- duy or address the managers or defen- dant's counsel but all remarks should
 
 MT. Thurston read Judge syawne's answer. Q typewritten document ol fifty or sixty pages. He took up the specifications of the charge in detail. contendlng that they were not such as should be taken cognizance of by the Senate. Taking up first the charge of receiving s1O per day for expenses while holding court in Texas while the judges expenses were not so 4 "a IA money as charged, but denied that his conduct in this respect was contrary to law, as the allowance of $10 per day was intended to be fixed and definite allowance for judges when holding court outside their districts. others Had Done Likewise.
 Judge Swayne said that other Judg- es generally had drawn the fulR amount of $10 per day. and that up to the beginning of the present proceed ings he had not received an intima- treasury department or from others that his course in accepting the full amount allowed was contrary either . to law or custom.
 The charge that in 1893 Judge Swayne had taken for his own use a railroad car of the Jacksonville. Tampa and Key West Railroad was denied Judge Swayne admitted the use of the car, but said that it was occupied by himself and friends fin going from Del- aware to Florida on invitation of the receiver of the road. He declared that no expense was incurred by the rail- road company on account of his use of the car.
 Judge swayne also denied that he failed to establish a residence in his district in Florida and said that he has resided in that State since 1885 and in Pensacola since 1894. He admitted that with his family he has been in the habit of visiting his father in Dell aware He admitted frequent absences on account of visits to his family, the holding of court elsewhere and because of a tour in Europe but contended that there has been no offensive action in this respect of a character to jus tify impeachment for high crimes and misdemeanors.
 The charge of committing E. T. Da- wis for contempt he admitted, but Jus- tifed 1t as a duty, but with reference to the charge that he had presided In a suit relating to real estate in Flor ida in which he was interested Judge sWayne denied the holding of such in- terest. He attributed this charge to a conspiracy on the part of the three lawyers in the ease, for the purpose of securing delay and thwarting jus tice.
 Claimed JuStiaabla Conduct.
 He also admitted fining and ordering to prison Attorneys Samuel Belden and E. T. Davis on the charge Of contempt for their conduct towards him in tho real estate case and said his conduct in that matter was justihable as was shown by the fact that the sentence was affirmed by Judge Pardee of the United States Circuit Court. Judge Swayne also justified his course in pun fishing W. c. o'NeaI. saying that his course In this case had been due to the fact that oNeal had made a mur- derous assault upon trustee in bank ruptcy appointed by him (Swayne) in a bankruptcy proceeding,
 The answer was concluded at 2:25 D. m., almost two hours after 1t had be- gun. After he concluded, Mir. Thurs ton asked for time to file exhibits re- garding certificates Of expenses of cir IA r.t 4f