The Birmingham age-herald., 1905-01-11
HOT CHARGES MADE
 AGAINST SWAYNE Select Committee Submits Ar- ticIes of Impeachment HE USED THE PRIVATE GAR And the Car Belonged to a Railroad Which Was In the Hands of a Re-
 ceiver Appointed By the
 Judge Himself.
HE USED THE PRIVATE GAR

Washington, January 1O-The select committee appointed to draft articles of impeachment against Federal Judge Swayne today completed it's work by the preparation of twelve articles of inn peachment. They embrace obtaining money by false pretense, using the prop erty of bankrupt corporation in the hands of a receiver appointed by him self and without making compensation to the company; for disobeying the law re- quiring him to live in his district for 'unlawfully and maliciously' fining and imprisoning E. T. Davis and Simon Bel den, attorneys at law, for alleged con tempt of the circuit court of the United States; for 'unlawfully committing to prison" W. c. O'Neal on the charge that he had committed contempt on the dis trict court of the United States.
 The first article as formulated by the majority declares that Judge Swayne on April 20, 1902, at Waco Tex, presented false claim against the government for $29O, knowing it to be false The copy of the certificate made by Swayne is given in which he says that for sixty three days "my reasonable expenses were y-S0." On this account he is charged with a high crime and misdemeanor.
 Article two relates to charge of s10 day while at Tyler. Texas. when his expenses were less, and alleges that he obtained money from the government by false pretense.
 Article three contains similar charges, but cites another occasion.
 Article four charges Judge Swayne with appropriating to his own use without compensation to the owner, a car belong ing to the Jacksonville. Tampa and Key West railroad company to transport him. self, family and friends from Guyencourt, Del, to Jacksonville, Fla, the railroad at that time being in the hands of a receiver appointed by Swayne and as judge he allowed the credit claimed by the receiver on account of necessary ex- pense in operating the road. Judge Swayne' is also charged with abuse of of ficial power and high misdemeanor.
 Appropriated Private Car.
 Article five charges that he approprat- ed to his own use the same car for a trip to California, and a like allegation to ar- ticle four to him Is made.
 Article six charges that Judge Swayne did not acquire residence in the north
 
 statutes, saying The totally disregarded his duty" and wilfuIly and knowingly violated the law and is guilty of a high misdemeanor.
 Article alleges non-residenee and car ries the period of non-residence from July 23, 1894 to January 1, 1903. a period of about nine years. and alleges a viola tion of law and misdemeanor.
 Article charges that lon the 12th day of November, 1901. at the city of Pensa- cola and in the county of Escambia, in the state of Florida, he did maliciousy and unlawfully adjudge guilty of con- tempt of court and impose a fine of $1O0 upon and commit to prison for a period of ten days E. T. Davis, an attorney and counsellor at law, for an alleged con- tempt of the circuit court of the United States and in said matter lis guilty of an abuse of judicial power, and of a high misdemeanor in office'
 Article 9 is the same as article 8, except that the words Knowing and unlawfully" are used to characterize his act in fining and imprisoning Mr. Davis.
 Articles 10 and Il are the same as ar ticles and g, except that they relate to Simeon Belden instead of E. T. Davis. The last articles allege an abuse of judicial power, in that he committed W. c. O'Neal to prison for sixty days for an alleged contempt of the district court of FenSacOla December, 1ypZ, which the com mittee holds to constitute a high msde- meanor in office.
 Offer Proof for Allegation.
 In conclusion the report recites:
 And the House of representatives, by protestation, saving to themselves the liberty of exhibiting at any time here after any further articles of accusation or impeachment against the said Charles Swayne, judge of the United States court for the northern district of Florida. and also of replying to his answers. which he shall make under the articles herein preferred against him. and offering proof of the same and every part thereof, and to all and every other article or accusation or impeachment which shall be exhibited by them as the case shall require. do demand that the said Charles Swayne may be present to answer the high crimes and misdeman- ors in office herein charged against him, and that such proceedings, examinations. trials and judgments may be thereupon had and given as may be agreeable to law and justice"