The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-02-04
But Denies the SoiIing
of His Enmine.
SEE WITH NINE EYES
Thus He Argues. TIE Senate Requires
the House to FiIeFormal Reply BY
Monday. All PIeadings Must
Be in BY the
qinth.
lRv the Associated Press.)

Washington, rep. I'll IlrouRH HIS
counsel, Judge Swayne today made
formal response in the Senate TO the
articles of Impeachment made by the
House of Representatives. The an
swer was a formidable document IN
point of size. and in it the twelve ar
ticles of Impeachment were each an
swered at lelgth. In every case the
fact charged was admitted. but ex-
planned from JUDGE Swayne'S point of
view. and ir addition it was contended
that even L the conditions were true
as charged they We're not of Il char
acter to jistify proceedings for Inn
peachment for high crimes and mis-
demeanors''
Tho answer was read by ex-senator
Thurston and when he concluded the
Senate Issued an order reduiring the
House to file it's formal reply by next
Monday. and directing that all plead
ings shall be in by the 9th SO that he
trial may proceed on the 10th.
The proceedings attracted large
audience to the galleries. and most OF
the Senator's were in their seats
After the trial was suspended the
tia' Statehood Bill was taken up
e Fessrs. Stone. Berry and Morgan
500 n opposition to that measure in
ORDER for the day included only
rsNs er of Judge Swayne to the
o. su-B .ons of the House and this was
-tese4,ted by former Senators Higgins
Thurston. on behalf of the re-
pondent. who again failed to appear
in person. Mr.. Bacon o.; behalf of the
Senate committee presented an order
which was unanimously adopted. pro-
viding that in all matters of procedure
the House managers and the defend
ants counsel may submit requests 20
the presiding officer verbally. or Il
required in writing: Senator's cannot
engage in a collo"uy or address the
manager or defendants counsel, but
all remarks shall be addressed TO the
presiding officer.
Reading SwaSnc's Reply.
Mr. Thurston read Judge Swayne' :
answer, Il typewriter document of 80
or GO pages. He took UP the specif-
cations of the charges in detail. con
tending that they were not such as
should be taken cogniZance of by the
Senate. Taking up first the charges
of receiving $40 per day for expenses
while holding court iii Texas. While
his expenses were not SO great, he ad-
mitted the receipt of the money rs
charged but denied that MS conduct IN
this respect WAS contrary 10 law. as
tended to be fixed and definite al
lowance for judges when holding court
outside their districts.
He said that other Judges have gen
orally drawn the full amount OF $40
per day, and that UP to the beginning
&c the present proceeding. he had not
received any intimation from the
auditing officers of the Treasury De
partment or from others that his
in, IN ha
allowed was contrary either TO law OF
custom.
The chage made in article four,
appropriated TO his own use, u rail
way car of the Jacksonville, Tampcr
& Key West Railway Company. WAS;
denied Judge SWayne admitted the
use OF the car, but claimed that II was
occupied by himself and friends in
going from Delaware to Florida,
upon the invitation of the receiver OF
the road. He declared that no ex-
pense was incurred by the railroad
company on account of his use OF the
car.
He therefore denied the use of any
judicial power in connection with this
transact ion.
Judge swayne alsa denied that he
failed 10 establish residence III his
district in Florida and says that ne
mas resided IN If3dt Siiitn Stllttc 1909
ana in Pensacola since 1894. He adj
ni;s htat with his family he has been
in the habit of visiting his father in
Delaware. He admitted fi'cuue!1t alb
seHccs on account of visits To his fam
ily. but contended that there had been
no offense in this respect Of a charac-
ter 10 justify impeachment FOR high
crimes and misdemeanors.
The Davis oEtenipt Case
The charge of committing =. T..
Davis to Jail for contempt is admitted.
but justified rs public duty; with
reference TO the charge that he had
presided in the F!odida Mcclure sliit
relating 10 real estate in which he was
Interested. ud5e Swaync denies the
holding Of such interest. He :it-
tributes this chareo 10 conspiracy
OH the part Of three lawyers in the
ease. Cor the purpose of securing de-
lax and thwar;iDg justice. He also
;.dplitt':d finding and ordering 10 prison
Attorney Samuel l;clden and L. r..
Davis OH the charge of contcmp; for
their conduct towards ,lim in the
real estate case. but says that his con-
eluit in that matter WAS iuStiliallc. ~;
was shown ny the fact that the sent
ence was affirmed oy Judge Pardce, OF
the United states Circuit Court.
Judge Swayne also. justified his
course in Furnishing W. c. O'Neal.
saying that his courtesy in this case
hid been due TO the fact that 6''Neal
had made q murderous assault upon q