New-York tribune., 1905-02-26
SENATE HAS A BUSY DAY.
CLOSING SW4YNE TRIAL.
Conference on .Statehood-Hale and
German Criticise NdUal Increase.

case on behalf OF the House nlahaseIs' <N~'s
bate of almost two hours IN secret session an or
% vote On Monday morning at 10 o'clock was maze.
The voting vii! be on articles separately ana
viii continue until ell have been passed upon
The Senate also at last granted the reenes. OF ns
House for g conference on the Statehood nli' Gnu
oouferrees on that measure and on the Panama
Canal Zone Government bin were appointed
Tbe Naval Appropriation bill was considered IN
part and while it was before the Senate M - -
and Mr.. German united IN coHoeiui4i1's ''' -f
increase Of the navy. -,
A large number of private and seml-pr1vate olis
were passed. including sS5 pension nhis.. ..o
In the few minutes allowed for Legislation Oelo,s
the beginning OF the Swayne trial the Senate mace
amends for the delay yesterday in appointment OF
conferrees of the Statehood and Panama pllls- MI
Morgan made further opposition TO the ea
nouncelent OF the conferrees the Statehood nlll
and while he decided not 70 serve on the falAii1A
Canal conference, he did-not seek 10 postpone ao
tion or the request Of the House for a conference
Consequently in the ten minutes between the oo"-
vening of the Senate. at $50 o'clock, ana 'he De
ginning OF impeachment case. eoth
were filed by the Chair.
Immediately after converting the Chair an
uounced the appointment of Messrs hlttreoge NIL
lard and Morgan conferTees on the Cala' DlIi'
xr Morgan promptly declined, saying that IN
view Of his advocacy of the House provision re-
rarding the canal commissioners; he could not tn
dertake to represent the position of the senate
He was excused, and M. German was appointed
in MS place.
The Statehood bill being laid before the senate
Mr.. Morgan said:
Yesterday ! took the hoo- at embarrassing
time and under what, 10 me; were eInbaTrasslng ing
circumstances. ! had supposed that those WHO OPP
posed the House bin were 10 continue their oppos
ton al his & tine but i had n9t gefn to my my
friends had expressed my views on the consutu- t
Senate but had not had any poLtl,lty m 70 rees 3T
its suffrage features YES ] ltElous 80 20 a shall
not proceed further.
Mr.. Morgan had scarcely ceased speaking when
the Chair announced the conferrees on the State
hood bill. Messss. Beveridge. Nelson and Bate
ARGUING TIE sWAYNE CASE.
At 10 O'Clock the impeachment trial was resumed,
and as quorum could be secured Mr.
Thurston began his argument in Judge Swayne's
behalf. Early the hour the galleries were
well Allied. and Nfr Thurston received close atten-
ton.
4 stand here" he said, I'm beginning his address,
10 raise the last voice ever TO be heard between
this time and the time when the judgment of God
shall be pronounced in support Of the personal
honor and tho Official integrity Of Charles Swayne.
the respondent at rhis bar" Mr.. Thurston con-
tended that judge cannot be impeached for a
crime against a State law disconnected with his
Official duties and, referring 10 the first seven ar-
cles of Impeachment. he declared that in an ord-
nary court they would be barred by statute Of
limitations. and should be here. Referring 10 the
charge of using private cars he said: There are
reasons why the mantle Of charity should be drawn
about transactions Of that kind by public men
On the point of residence, Mr. Thursfon said that
II Judge Swayne DID not make mis- home at Pensa-
cola homie -anyNhere.- = He explained his
prolonged frequent absences by saying that for
80 zoo days each year the Judge was engaged In
holding court IN other States. He traced the
present prosecution 10 the Davis-Beden contempt
case declaring that a conspiracy to depose The
judge had grown out OF ii and extended until it
reached its present stage. He justified the punish
nnent IN the Eelder-Davs case and in the; 0'Neal
case. With an appeal FOR yindication and acqut-
tai, Mr.. Thurston closed after speaking for two
and "A half hours.
Manager De Almond closed the argument for the
prosecution. following Mr.. Thurston Taking up
the Belden-Davis contempt case, Mr.. De Almond
declared that Judge Swayne's course had been in
contempt and defiance alike OF law and of human
rights He referred TO the charge OF non-resdence
saying that while there no legal requirement
for the respondent Individual TO remain in the
district il incumbent him under the law
abandon his Office if l.e did not live in the DIS
tr!ct lie oontended that it competent 70
impeach judge for crime whether committed IN
connection with official acts or not He declared
that the taking Of more money for expenses than
expended nothing less than larceny. Mr.
De Almond asserted that Judge Swayne should
have excused himself from sitting in the Florida
Mcclure case. out OF which the contempt cases
grew. because. i fe not the owner OF any
Of the land involved. he had passed f4vorably on
the title with a view TO purchasing it. He said
that failure 10 bring In a verdict for impeachment
would be 10 give license to weak md lawless judges
and IN cCEcIson made a plea for conviction in
justice to the people Of Judge Swayne's district.
M Dc srncnd closed 2:2z o'clock and .m1ne-
diately afterwerd or motion Of M ia FRANKS: t1e
doors were closed in order that the Senate might
l49eseG with its debeT ations in tlfe esse. IFte
secret sess1oas dsyoted entirely to the eIaciss )n
OF. a resolution presented BY Mr. Bacon xJng ne
The rules require that the yeas and nays h he
snd an i; on eac4 aIe.e OF impeachment separately
Inc resolution was agreed to after some debate
NAVAL. BILL TAKEN Up.
The doors were reopeaed at 4 D. m. and. tba
Naval Appropriation bill was Immediately taken IN,
al t104iiAh' criticised the increased appropriation
tof cruisers and eoliers and requested expIana-
Lon from Mr. Hale. in charge of the bill
Re9lying, NJ. Hale said the bill was a r,oders, %
one 50 far as increases are concerned The 1rin-
went on IS 70 70 s s 1eyY inr1 N nns 81 PEACE. nc
70 say tnaJ this has been the policy Of England
srume ha be- a9ded isi S n6s aa'g g h2a @ ben ben It's
Ihe powers which initiate England" He added thet
ne4gh6or Of small proportions the marine corps and
me MY are UsFq Tor that purpose; such. also. is
sion OF the revenues Of sister republic Likewise
the navy is, ne said. called into use when "a half
crazy consul gets into trouble and doesn't cet half
ms Desserts /! II tl-ls out that the consulate
power that has been browbeaten by The European
.sFeTs q F7aEsiip Is sent to bark At its doors and
lle marine eTis 2ther"lse 10 harass II. This, he
s44o, was zone at Panama and. he added, was done
The Senator from Maryland he added With an
air OF sarcasm. does not appreciate the impor-
corps at Panama aud ssd r. tbere ob a hf & miaT1ne
there would have been war. '''--
lire Of the situation 81 Hale said thst me be qa, bad
meant 70 call special attention TO the fact thai
England. and ne added that IL ii IS our plan tc
initiate England in the treatment Of other powers
We must expect TO do at every step
No doubt. remarked Mr. German. we are vel
Of taking Possession Of WeoE nseor S65 IN It's PoG!
IS do -