The Birmingham age-herald., 1905-02-28
swayne Not Present.


 swayne Not Present.
 Judge Swayne was not present.
 MT Platt of Connecticut presiding, an- nounced that the rule prohibiting ap- plause would be rigidly enforced a vio- lation resulting in the certain eviction of the offender.
 The trial preliminaries required only ten minutes. The first article os impeach- ment then was read and the vote taken on it.
 In this article Judge Swayne was charged with making a false certificate for expense while holding court at Waco, Texas.
 "senators," said the presiding officer. when the article was read, ''how say you? Is the respondent, Judge Swayne guilty or not guilty as charged in this article?"
 The calling of the roll by the secre- tary was then begun. MT Aldrich's was first. He was not present, So that the first senator to rise in response to the call was Mir. Alger, who voted mot guilty" in clear and distinct tones. He was followed immediately in the nega- tive by Messrs Allison, Alec and An keny, all pronouncing the verdict while standing. All are republicans.
 First Affirmative Vote.
 
 the roll and likewise the first to answer in the affirmative, finding Judge Swayne guilty The vote throughout was largely partisan, Messrs. Bard. Kittredge. Me Cymber and Nelson. republicans, voting with the democrats for conviction and Messrs Dubois and Gibson casting their ballots with the republicans for acquit- tai The utmost quiet prevailed while the vote progressed The vote stood 3S to Al hafup In datai1 as follows.
 Under the rule requiring a two-thirds vote to convict, 55 votes in the affrma tive would have been necessary to con- vict As this vote was almost reversed, Judge Swayne was pronounced to be not guilty The chair announced this to be the result, saying:
 stOn article one of the impeachment of Charles swayne, ss senators have voted guilty and 49 senators have voted not guilty Two-thirds not having voted for conviction, Charles Swayne stands ac ouitted of the charges contained in the first article"
 Knox Wanted to Be Excused.
 While the vote was in progress Mir. Knox had asked to be excused from voting. saying that he would have an ex- planation to make at the close of the vote He said then that illness had pre- vented him from either reading or lis JanlnR he asked to be excused. The request was granted.
 The reading and voting upon the other articles followed in rapid succession. The second charge was that of an excessive charge for expenses while holding court at Tyler, Tex The proceeding in this case was an exact counterpart of that on the first article and there was only one change in the vote. which was that made by Mir Clark of Montana who, having cast his first vote for conviction, changed on this roll call and voted for acquittal. The result was 32 for conviction to 50 for acquittal.
 The third charge also related to exces- sive expense charges at Tyler Tex, and the vote was identical with the vote on the second article g to 50.
 The fourth and fifth articles related to the use of private cars. There were only 1s votes of guilty on them, as follows:
 Bailey. Berry, Blackburn, Carmack, Cockrell, Culberson. Daniel. McLaurin. Martin. Money. Morgan Newlands, Pet tus all democrats.
 On the sixth charge that of non- residence by Judge Swayne in his dis trict. the vote was 31 to 51. On this vote Mir Clark of Montana changed back to the affirmative side. but Messrs. Kit tredge and McCumber went to the nega- tive.
 Dubois and Gibson voted for conviction on this charge.
 On the seventh article relating to res idence. the vote vas 19 for conviction to s3 against The affirmative vote was as follows: Bate, Berry. Blackburn. Car mack Clark of Montana, Coclsrell. Daniel,
 fcontInued on EiAhth Pass)