The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-01-11
CASE AGAINST SWAYNE READY
,orSr rOuuITTEE SUBMITS IN
PEiCHMENT ARTICLES.
r ue,,r Counts Ranging From FalslfyinK
J ENpcnse Accounts 10 Non-Residence In
DIstrlct-Three Members File Minority
statements Directing to Charges.


u,suYoroS. Jan. iO.-Artioles of inn
document accusing Judge Charles Swayne,
lftbe Northern District of Florida, were re-
ar+ed To the House to-day by Representa-
,i,s Palmer. chairman Of the special com
r,iftee of seven appointed TO prepare them.
There are twelve articles and the committee
re.erved the right to bring in others, al
though now it has no thought OF doing so.
"a called false certificates of expenses,
A,,nr and imprisoning lawyers for con-
,or,nt of court, using private cars belonging
10 the company in the hands of a receiver
snnointed by him without compensation
end non-residence in his district are the
srb.ec, matters treated in the articles.
The charges are as follows:
.Articlesexhlbted by the House of Repre-
seotatives Of The United States OF America
in the name Of themselves and Of all the peo-
Mo Of the United States of America, against
Charles Swayne, Judge OF the United
states in and for the Northern District of
Florida, in maintenance and support of
tbcir impeachment against him for high
crimes and misdemeanors in office.
article l. That said Charles Swayne
At Waco in the State OF Texas, on tho 2oth
dav Of April, 1897 being then and there
a United States District Judge in ana for
rho Northern District OF Florida, did Their
snd there ms said Judge make and present
m R NJ Love, then and there being the
United States Marshal in and FOR the
Northern District of Texas. false claim
erainst the Government of the United
bates in the sum of $3.50, then and there
(nowing said claim to be false and for the
purpose Of obtaining payment Of said false
claim did then and there as said Judge
make and use a certain false certificate
then and there knowing said certificate
10 be false, said certificate being in the
words and figures following:
United States Of America -.
Northern District OF Texas 80
Of. Charles Swaync, District Judge OF the
United states for the Northern District OF
FLORIDA do hereby certify that ] was directed
N and held court at the City Of Waco In the
Northern District OF Texas. twenty-three
DAYS. commencing on the 2Oth day Of April.
1877. also TINT the time engaged in holding
said court and in going 10 and returning from
the same was twenty-three days. and that
my reasonable expenses for travel and at
tendance amounted to the sum Of two hundred
and thirty dollars and cents which sum
ia Justly due me for such attendance and
travel.
CHARLES SwAYNE. Judge.
-WACo, May Ia. 1897
Received OF R. NJ Love. United states
Marshal for the Northern District OF Texas.
the sum Of $3.50 and no cents in full payment
Of the above account.
$3.50 CHARLES SwAYNE.
When in truth and fact. as the said
svayue then and there well knew, there
was then and there due the said Swayne
from the Government of the United States
and from the said United States Marshal
far less sum, whereby he has been guilty
OF high crime and misdemeanor in his
said Office
Article relates to similar excess of
1910 while holding court at Tyler. Tex,
for twenty-four days, from Dec. 3, 1900,
and for seven days going and returning.
Wherefore the said Charles Swayne mis-
behaved himself and was and is guilty
OF nigh crime, to wit, the crime OF OBJ
tanning money from the United States by a
false pretence and Of n high misdemeanor /
in Office
Article charges that he received the !
sum of $40 as expenses for travel and at |
tendance while holding court at Tyler, |
Tex, for forty one days, from Jan. 2, 1908, |
when his reasonable expenses were much !
less.
Article 4. after identifying Charles
Swayne as Judge. and describing his /
duties is as follows:
In the year of our Lord 1893 did I'M
lawfully appropriate to his own use. with
ont making compensation to the owner /
, certain railroad car belonging to the /
Tampa and Key West Rail- |
road Company, for the purpose of trans
porting himself his family and friends /
from Guyencourt, in the State OF Della
ware. to jacksonville Fla the said rail-
4 i.str, a..
Of a receiver appointed by the said Charles
Swayne
The said car was provided with pro-
visions by the said rereiver, which were
consumed by the said Swayne and his
friends. and was provided with conduc-
or and porter at the cost OF, and expense
~ said railroad company, aud with trans
lortaton over connecting lines. The ex-
lenses Of the trip were paid by the said
-eceiver out Of the funds Of the said Jack
.onvile, Tampa and Key West Railroad
9mpany. and the said Charles Swayne,
citing as Judge. allowed the credit claimed
~ the said receiver for and on account
II the SAID expenditure as a part 81 tho
lecessary expense of operating said road.
The said Charles Swayne used the
'aid property without making compensation
o ne owner, and under a claim Of right
or the reason tina, the same was in the hands
II a receiver appointed by him.
Article makes a like charge with regard
q trim from Jacksonville 10 California.
n q private car belonging TO the same
9aa all Of the expenses for the car in
Ilding his own. those Of his family and
''me friends. being paid by the receiver.
Artcet- That the said Charles Swayne,
aNlng been duly appointed and confirmed.
vas commissioned District Judge Of the
n'ed states In and for the Northern Dis
ricl ~ Florida. on the lst day OF April
ND, 10 serve during good behavior and
therefore,, 10 wit on the 22d day of April,
$50, took the oath OF Office ard assumed
pe oliia' OF his appointment and estab-
NHea his residence at the city Of St Angus
me 10 he state Of Florida. which was at
Aal time IN the said Northern Djstric'.
nat, subsequently,. by an act of Con-
res Of the United States approved the
so dav Of July in the year S9l. the bound
res OF the said Northern District OF Flor
va were changed, and the city OF s.. Au-
,1-lne and contiguous territory were
transferred 10 the Southern District OF
lurida whereupon II became and was he
HlF ~ said Charles Swayne 10 change his
'rinence and reside in the Northern Dis
''' "i Florida and To- comply with the jllst
''llon o' the Pc vised Statutes Of the United
Aaie- which provides that. 4 District
u'ge shall be appointed for each district
NgeIi l9 cases hereinafter provided. Every
uaSe snail reside in the district for which
p Is appointed. and Tor offending against
NJ provision shall he deemed guilty OF
nlgh msdemeanor
N'Nerheloss the said Charles Swayne.
IA fF.= 4 ltvaFv ]