Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-02-24
ARGUMENT BEGUN.
All of the Testimony Given in in the
SWavne Impeachment.

The last of the testimony in the interest
of Judge Swayne in the Impeachment pro-
ceeding against him has been presented to
the Senate. The case occupied seven hours
yesterday afternoon and last night, begin
ming at / o'clock and closing at 10, with an
intermission of two hours, from & to s.
Much of the time was spent in argument
relating to the adlnissibility of testimony
The Senate also adopted an order granting
each side five hours in the closing argu-
ment.
Witnesses called for the defense during
the day were DR.. ]. Willard Crosson, the
Swayne family physician at Guyencourt
Del, who testified as to the judges failure
to maintain a residence there; Attorney W.
A Blount of Pensacola and Clerk F. w.
Marsh of Judge. Swaynes court, who were
questioned concerning the contempt cases
involved in the case and also on the point
of residence. The last witness in behalf OF
Judge Swayne was his son, Henry G.
Swayne, a lawyer residing in Philadelphia,
who testified as to his fathers residence in
Florida
A mass of documentary evidence was then
introduced in behalf of Judge Swayne. This
included tabulated statements showing the
amounts paid for several years past to all
the circuit and district judges of the United
States as expenses while holding court out
side their own districts. The House man.
ayers resisted the introduction of these
statements on the ground of irrelevancy. In
arguing the point, Mr.. Olmsted character
lied the effort "a cowardly insinuation
against honorable judges whose expense
accounts are not before the court" Mr..
Higgins contended that the $40 a day for
expenses was intended to be an allowance
regardless of the amount expended.
The question of admissbility was still I'M
der argument, when, at pm, the Senate,
sitting as a court took a recess until s
pm.
quorum at its first night sitting of the ses-
sion. The session was called for 8 o'clock
but it was impossible to begin business I'M
til fifty-five minutes later, when forty-siX
senators having responded to the roll call
a vote was taken on the admission of the
tabulated statement showing the payments
paid to federal judges on account of ex-
penses. The vote was adverse to the propo-
stion, being 10 to SO.
After offering a few other documents Mr.
Higgins announced the close of the case
for the defense
Only two witnesses We're called in re-
buttal They were e. L. Davis and George
w. Pryor, both of Pensacola Their tes-
timony related to the Davis-Belden con-
tempt cases, and in both instances was
brief. few papers were presented as
evidence by the prosecution, and when the
last of these had been received at 900 D. m,
Mr.. Palmer announced the termination of
| the presentation of testimony.
That's our case" said Mr.. Palmer, and
lie Hdu SCdTCcIy TAKEN MS seat, when MI.
Thurston addressed the chair He made a
proposition to submit the case without ar
gument, 'if agreeable to the learned man.
ayers of the House..
Mr.. Palmer's response was promptly made
in the negative, because, he said some of
the testimony needed exploitation to be
understood Hence" he said, .it is not
agreeable
Proceed with the argument" commanded
Mr.. Plat Comm from the chair
Mr.. Olmsted accordingly took the floor
for the prosecution. To him had been as
signed the duty of opening the discussion.
He dwelt on the scope of the jurisdiction of
Congress in impeachment proceedings and
outlined the acts that may be punished by
| impeachment. He contended that acts for
which an official may be impeached are
not necessarily official in character. He
charged Judge Swayne with crimes out
side his office, and also said that that
official had been guilty Of notable misde-
meanor and high crimes. and misdemeanor
relating to his Office. and urged his con-
viction on both states of fact.
Mr. Olmsted closed at 10.I5 p.m and
the Senate adjourned Immediately to meet
at IL am. today.