The Montgomery advertiser., 1905-02-11
THE TRIAL
 OF SWAYNE Senate Begins Real Work in the Matter. FIRST WITNESS CALLED Manager Palm.r States Case
 Of H,uSe.
 - He Goes over various Charges Against Federal omciaI and Says 1t is Expected That All win
 Be Proven.
FIRST WITNESS CALLED
Be Proven.

day nearu the hrst witness called in connection w4rn the impsacnment pro- ceeuInSs against Juase Swayne or FIorioa ana thus entered upon the reaL work of tne triaI. The statement ot the case on behalf of the House was made by Manaser Palmer, who went over the various cnarges against Judge Swayne and said it was the ex- pecIation Of the managers that all of them would be proven. The witnesses heard today testified concerning hotel bills paid by Judge Swayne while holding court in Texas.
 The Senate decided to devote the time between 2 and o'clock each day to the Swayne inquiry.
 At o'clock the Swayne impeach- ment proceedings were resumed by the Senate. Judge Swayne was pres ent with his attorneys.
 Before the proceedings began Presi- dent Pro Fem Frye announced his se- lection of MT. Perkins to read to. the Senate Washington's farewell address on the 22nd inst. He also announced the selection of Messrs. Depew and Culberson as visitors to the military academy and of Messrs. Dick and Mc- Creary as visitors to the naval acad- emy
 When the hour arrived for conven-
  court, Mir. Platt (Conn.) took the chair and the sergeant-at-arms made the usual proclamation imposing silence on the pain of Imprisonment MT. Clark (Wyo.), who had not hitherto been sworn. took oath as a member of the court. On motion of Mir. Bacon, an order was adopted informing inc House of Representatives that the Senate is prepared to proceed with the Al. ent. Chairs for the members of the House were then placed in the rear of the Senate chamber and many of them were occupied.
 svyayne Present.
 Judge Swayne came in with his at torneys. GxeEeuators Higgins and Thorston, and took his seat between them at the table set apart or their use.
 On motion of Mir Fairbanks the Sem ate adopted an order for daily sittings in the impeachment proceedings begin ming at o'clock and closing at 5 p. m. and providing for the daily printing of the report of the proceedings.
 The sergeant reported that sixty seven witnesses had been summoned as directed, and that many of them had arrived in the city.
 The first witness sworn in the swayne case was Benjamin s. Liddon of Marianna, Fla, who was called to testify to the physical condition of Major Joseph H. Durkee of that city, who had been summoned as a witness, and had failed, to respond on the ground of illness. MT Liddon said he had seen Durkee a week ago and had then found him engaged in business MT. Palmer, on behalf of the House, asked that an attachment for Durkee be issued. and the chair took the request under con- sideration.
 Mir. Palmer, at :s0 p. m., took the floor to make his opening statement, outlining what he expected to prove in the proceedings. Mir. Palmer reviewed the several charges and was proceeding to arraign the respondent in connection with the use of a private car of a Flor ida railway and to show that the Judges plea to the Senate does not cor respond with his statement before a House committee, when Mir Thurston objected. saying that under the law the testimony given before a congress sional committee can not be used to his injury in a criminal proceeding. The presiding officer sustained the objec- ton.
 Mir Palmer contended that there should be no hesitation about convict ing Judge Swayne. saying that min ister of the law should not be Vlo- lator of the law
 Mir. PnImer's Plea.
 Mir. Palmer concluded at o'clock. after speaking an hour and a half He closed with a plea for thoroughness and business saying that the case had been instituted by the House of Rep resentatives in the name of all the peo- ole, who, he said, demanded that the judicial system be kept unsuIlied and pure
 When Mir. Palmer took his seat. the presentation of evidence was begun by MT. Olmsted, one of the managers, who put in evidence Judge Swayne's com munication, the statutes which Judge swayne Is accused of violating. and other documents bearing on the case. Included among these were Judge SwaYne's certificates of expenses and his receipts for the money paid to him at the rate of S10 day while holding court in Texas.
 The first witness called was Payne W. Chase, who. in 1900, was a clerk in hotel at Tyler. Tex, who made a statement regarding Judge Swayne's s expenses of holding court in Texas.
 The next witness called was Mrs. Su- san L. Downs of Waco, Tex, who testi- fled on the same subject
 MT. Higgins asked for an attachment to compel the attendance of Louis Paquet of New Orleans as a witness.
 There being no other witnesses present the Senate. as a court, adjourn ed at $40 ?. m.. and immediately went into executive session.
 During the day the following bills were passed:
 Amending the law prescribing the qualifications of directors of national banks; making Texas City. Tex, a sub- port of entry; providing for the relief of settlers in Alabama within the land grant of the Mobile and Girard Rail- road.
 The Senate at $50 p. m., adjourned.