New-York tribune., 1905-02-28
SENATE ACQUITS SWAYNE
M CHARGE SUSTAINED.
Less than Majority for ConOiction
on 4ny Count.
rrRox 7HE TRIBUNE RuREAU.l

-,-,i-,-+o77 Feb 27.-The final and perhaps
-. -,ost dramatic scene in the impeachment
..sa5irsrs against Charles Swayne, federal
80 IN and for the Northern District of Flor
=. mas enacted in the Senate to-day. when
.94.,-+v-o Senators gathered to pass final judg-
.-.r+ on the accused jurist- The complete in
-, of ~. managers on the part Of the House
:. ,.,,rince the requisite two-thirds of the Sen
=. ,bat Judge swsyne had been guilty of either
-, crimes or nisdemeanors was manifested
coon as the first ballot was announced. 40
- ,-ottng not guilty, as against 33 who
- e. conviction On the second article the
-. s,ood SO FOR acquittal to 30 for convic-
- and the lowest vote for acquittal came on
lee, count when 50 Senators voted guilty
: -sinst II who regarded the defendant inno-
=, When the last ballot had been taken and
a. mas found that the defendant had been
-,+,ed on every count, the president OF the
.or-t NJ Piatt. Of Connecticut directed the
e,c-.tsry Of the Senate TO read the verdict of
sss,,-,,I and on motion Of MI FeArbanks the
s~ra.s sitting as a court OF impeachment, ad-
1our1ed without day.
Game of the leading lawyers in the Senate
discussing the case later, declared that fidelity
~ the law mad rendered their vote for acquittal
s-7perativs although they we're disinclined 70
,ronounce the Judge absolutely innocent. Com
rrent was heard in some quarters as 10 the ad-
visibility Of providing means for removal Of
;u-ists who may demonstrate their unftness
for their high Office without committing high
crime or 1nisderneanor. There also was informal
discussion Of the advisability Of so amending
ne statute providing for expenses Of federal
,p6res IS to leave 10 opportunity for doubt as
n its proper construction.
JudEe Swayne his counsel and Senator Plat
as presiding officer Of the saRate in the i'm
r.schnent proceedings. received congratula-
Yions. Democrats as well Republicans were
loud IN their compliments Of Senator Platt on
N. perfect equity Of his rulings and the mas
,erv manner IN which he had conducted and
expedited the proceedings.
ACQUITTED ON FIRST BALLOT.
The preiminaries required only ten minutes
The FIST article Of impeachment was read and
tbe vote taken on it. In this article Judge
sEsyne was charged with making a false GER
tfacste for expenses while holding court at
Waco Tex
Senator's said the presiding officer. how
say you? Is the respondent. Charles Swayne.
guilty or not guilty as charge in this article?''
The calling OF the roll by the secretary was
then begun. Mr.. Aldrichs name was first. He
Eaz not present, SO the first Senator 10 rise was
NJ. Alger, who voted not guilty" He was fol-
loTed Immediately in the negative by Messrs.
Allison, Alice and Ankeny, all Republicans Mr..
Bacon the first Democrat on the roll. and
the first 10 answer in the affirmative. finding
Judge SWayne guilty. The vote throughout
was largely on party lines. Messrs. Bard. Kit
tredge. McCumber and Nelson, Republicans,
voting with the Democrats for conviction. and
Messrs Dubois and Gibson, Democrats, with the
Republicans for acquittal. The utmost quiet
prevailed while the vote proceeded. II stood
33 n ~, being in detail as follows;