Los Angeles herald., 1905-02-04
.SWAYNE'S TRIAL
ENGAGES SENATE
SPECIFIC ANSWERS FILED TO.
ALL CHARGES
Claims That Allowances Were Fixed
and That Question of Actual
Expense Incurred Is
lmmateriaI
BY Associated Press.

BY Associated Press.
WASHINGTON, Feb 3.--Through
formal response in the senate to the
| articles of impeachment voted by the
house of representatives. The answer
was a formidable document in point Of
size. Each of the IL articles of inn
peachment were answered at length.
In every case the fact charged was
admitted, but explained from Judge
Swayne's point of view and, in addl-
tion, IL was contended that, even If the
conditions were true, as charged, they
were not of a character to justify pro-
oeedings for impeachment for high
crimes and msdemeanor."
At 1890 the senate resolved itself
into an impeachment court for the con-
tinuation of the trial. The order for
the day included only the answer of
Judge Swayne to the accusations of
the house, and this was presented by
ex-Senators Higgins and Thurston on
behalf of the respondent, who failed
to appear in person. The galleries were
crowded.
Senator Thurston read Judge
Swaynes answer, u typewriter docu-
ment of fifty-five pages. He took up
the specifications of the charges in de-
tail, contending that they were not
such as should be taken cognizance Of
by the senate. Taking up first the
charge of receiving $40 a day for ex
penses not so great, he admitted the
receipt of the money as charged, but
denied that his conduct in this respect
was contrary to law, as the allowance
of $40 day was intended to be fixed
and definite allowance for judges when
holding court outside their districts.
Judge Swayne said that other judges
generally have drawn the full amount
of $40 day, and that up to the begin
ming of the present proceeding he had
not received any intimation from the
auditing officer of the treasury depart
ment or from others that his course in
accepting the full amount allowed WAS
contrary either to law or to custom
The charge that Judge Swayne had
appropriated to his own use railway
car Of the Jacksonville, Tampa & Key
West Railway company was denied.
Judge Swayne admitted the use of the
car, but said that it was occupied by
himself and friends in going from
Delaware to Florida on invitation, of
the receiver of the road.
impeachment UnjustifiabIe
Judge Swayne also denied that he
failed to establish a residence in his
district in Florida. He admitted fire.
uuent absences on account of visits to
his family, the holding of court else
where and absence because of tour
in Europe, but contended that there
has been no offense in this respect of
a character to justify impeachment
for high crimes and misdemeanors.
The charge of committing e. T. Davis
to Jail for contempt he admitted, but
justified it as a public duty With ref
erence to the charge that he had pre-
sided in a suit relating to real estate
in Florida in which he was interested,
| Judge Swayne denied the holding of
| such interest. He attributed this
charge to conspiracy on the part of
three lawyers in the case, for the pur-
pose of securing delay and thwarting
Justice He also admitted fining and
ordering to prison Attorneys Samuel
Belden and E. T. Davis on the charge
of contempt for their conduct toward
him in the real estate case, and said
his conduct in that matter was justi-
fable which was shown by the fact
that the sentence was affirmed by
Judge Pardee of the United States cir
cult court.
Judge Swayne also justified his con-
duct in furnishing w. c. O'Neal, say
ing that his course in this case had
been due to the fact that O'Neal had
made murderous assault on trus-
tee in bankruptcy appointed by Judge
Swayne. The reading of the answer
occupied about two hours. February
was fixed as the time when all pre-
liminary pleadings shall be presented
and February 10 as the date of the be-
ginning of the regular trial. The SEN
ate then resumed legislative business
and the statehood bill was taken up.
| 0S
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