The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-02-15
sWAYNE's USE or PRIVATE can
senate Hears More Testimony Against the
AccnaRh IudKc.


WASHINGTON. Feb lI-The Swayne i'm
peachnent trial again attracted big GROVE
to the Senate at O'Clock to-day. Nearly
every seat in the galleries was occupied
Senators, however, displayed less interest
in the proceedings than at first.
T. 7 Davis, the Pensacola attorney who
was punished by Judge Swnyne for CON
tempt Of court. was called. He testified
that he had not seen Judge Swayne in
Florida except during terms Of court. He
said he had been put to inconvenience and
expense through Judge Swayne's absence
Mr. Davis said he was delayed at least four
months in the Florida Mcclure case through
Judge Swaynes absence and his client
was subjected to extra expense. Senator
McCumber sug sested that evidence along
/ this line was iinmaterial, as the law merely
| makes il high misdemcano nor for Judge
not to reside in his district without saying
anyth ng as TO the inconvenience or expense
/ to suitoE.
Both sides agreed that further testimony
/ on this line was unnecessa ny. Mr.. Thurston
moved TO strike out the testimony already
given Senator Nelson objected as he
thought it bore on the question Of Judge
Swayne's residence
The Chair ruled that further testimony
on the question OF Inconvenience TO suitors
was unnecessary, but that the testimony
already given should stand
Eugene C.. Dearborn OF Miami Fla, was
called. He aid that he was formerly a
conductor on the Jacksonville, Tampa and
Key West Railroad and that under direction
of Receiver Durkee he made a trip from
Jacksonville to Guyencourt, Del, TO get
Judge Swayne and family and take them
10 st. Augustine. the witness took private
car No. 30 and went TO Guyencourt as di-
rected The car was provisioned when he
started and Judge Swayne did not pro-
vision 1t. The car was always kept pro-
visioned by the railroad company. Major
Durkee had been appointed receiver Of the
railroad by the United States Court, but
witness did not know what Judge appointed
Durkee.
Witness said ne remembered Judge
Swayne's remark that he had made trip
to the Tactic Coast, but did not know what
car the Judge had used.
Judge Swayne and Mrs Swayne and
oolored servant took the car at Cuyenoourt
on Nov /, and Mr.. and Mrs. Shoemaker
took the car at Washington. The party
proceeded 10 st Augustine, Fla. The passes
we're given to witness by Mr. Spencer. train
master Of the Jacksonville. Tampa and Key
West, The witness spent $50 for provis-
ions on the trip. Judge Swayne paid nothing
for the service.
was receiver OF the Jacksonville. Tampa
and Key West Railroad in 1893, was called.
His order of appointment was signed by
Circuit Judge Don A. Pardee and District
Judge Charles Swayne. He admitted that
he had ordered private car No 30 to Guyen-
court in 1898 and presumed the expenses
were paid by the company.
On oross-examnation Major Durkee
said that the car was private and solely
for the use OF the officers in charge OF the
company and the porter was paid by the
month. No charge had ever been made
by connecting railroads for hauling Judge
Swayne and PARTY In car No. 80
Manager Palmer offered to prove certain
testimony voluntarily given by Judge
Swayne before "a House Committee on Nov.
49, 1904. Mr.. Thurston objected to the read
ing OF the testimony, as improper and con-
shutting an attempt to incrlminate wit
ness by his own testimony. This, he said,
was custom often resorted TO by petit
foggers TO present indirectly what could
not DO presented directly.
Mr. Pettus arose. MI President he
said, Il object to the use OF the word petit
fogg ng' in this court"
SThe presiding officer thinks that word
should not have been used, said Mr.. Platt.
Mr.. Thurston aPologized, and said he
did not apply it TO the honorable managers
on the part of the House. He had merely
said it was a common custom OF petit
foggers to pursue such tactics He siren
uously objected to the admission of the
testimony.
Manager Palmer retorted that he was not
pettifogging and that the ofer was made |
In good faith This proceeding was not n
criminal one, he said. and Judge Swayne
was not incriminated by the use of his
voluntary statement. The statute WAS
simply intended TO protect witnesses in |
criminal proceedings
The presiding on ,er ruled that without |
deciding technically whether the statement |
was testimony or not or whether this was
a criminal proceeding or not, the statute !
evidently in his opinion, denied the adj |
mission or such testimony
NJ paflav aukaI for "A On fhia fti1al
ton and II stood: Ayes, 2s noes, IS, so the |
evidence was not admitted
Six Republicans voted to admit the test- |
mony and seven Democrats voted against (
Its admission. Tho Republicans voting to /
admit Judge Swayne's statement to be used |
a gainst him werp Messrs. Allison, Bard. |
Crane, Dietrich, Long and Spooner. The /
Democrats voting against the motion were /
Messrs Bacon. Culberson, Dubois, German |
McCreary, Patterson and Pettus.