The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-02-26
Arguments Concluded On
Both Sides.
WILL VOTE TOMORROW
The House Devoted Most of Its Time
TO Patriotic Exercises, Honoring
the Memory Of Houston and Aus
tin, and Accepted the Marble
Statutes OF Each.
(By the Associated Press. }

10y TIE [ASSOCIdtCO Coso.J
Washington. Feb. 25.-The Senate
today heard the concluding argument
on both sides in the Swayne impeach-
ment case, ex-senator Thurston
speaking for Judge Swayne and Mr..
DeArmond presenting the case on be-
half of the House managers. After
discussion of almost two hours in Sc
cret session an order to vote Monday
mornino at 10 o'clock was made. The
secret session was devoted entirely to
the discussion of q resolution pre-
scented by Mr. Bacon fixing the order
of voting. The rules require that the
yeas and nays shall be taken on each
article of impeachment separately and
that tWo-thirds shall be necessary to
convict. Mr.. Bacons resolution is as
follows:
THAT on Monday next. the 9th day
of February, at 10 o'clock a. m the
Senate shall proceed to vote without
debate on the several articles of inn
parchment. The presiding officer
shall direct the secretary to read the
several articles of Impeachment in
their regular order. After the read
ing of each article the presiding off,
Ger shall put the question following:
Senators. how say you, is the respond
this article?
THE secretary will proceed to call
the roll for the response OF Senators.
whereupon. whe nhis name is called
and give his response guilty or not
guilty and the secretary shall record
the same"
Mr.. Thurston began his argument
in Judge Swaync's behalf at 10 o'clock.
II stand here he said in beginning
his address, ITO raise the last voice
ever to be heard between this time
ana the time when the Judgment Of
God shall be pronounced in support of
the personal honor and the official
integrity of Charles Swayne, the re-
spondent at this bar"
Mr. Thurston contended that n
judge cannot be impeached for q
crime against State law disconnected
with his official duties. and referring
TO the first seven articles of impeach-
ment, he declared that in an ordinary
court they would be barred by statutes
elimination and should be here Re
ferjrng to 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.
Thurston said that if Judge Swayne
did not make his home at Pensacola
he had no home anywhere. He eX-
planned his prolonged and frequent
absences by saying that for $50 to
200 days each year the judge was en-
gagged in holding court in other States.
He traced the present prosecution to
the Davis Belden contempt caset de-
claring that a conspiracy to depoSe
the judge had grown out of it and
extended until il reached its present
stage. He justified the punishment
in the Belden-Davis case and in the
O'Neal case. Mr.. Thurston closed
with an appeal for yindication and
acquittal.
Manager DeArmond concluded the
argument for the prosecution.
Taking UP The Beiden-Davis con-
tempt case, Mr.. DeArmond declared
That Jude Swayne's course had been
I'm contempt and defiance alike of law
and of human rights. He referred
To the charge Of non-residcnce, say
ing that while there was no legal
requirements for the respondent as
an individual to remain In the district
ii was incumbent upon him under
the law to abandon his Office if he did
not live i'm the district. He contend
ed that it was competent to impeach
Il judge for crime whether committed
i'm connection with official acts or not
ne Qtttdfeu mat tie ldhlIlS OF more
money for expenses than was ex-
pended was nothing less than lar
ceny
Mr.. DeArmond asserted that Judge
Swayne should have recuscd himself
from sittin gin the Florida Mcclure
case. out Of which the contempt cases
grew, because even if he was not the
owner of any of the land involved
he had passed favorably upon the
title with a view to purchasing. He
said that a failure to bring in a YER
Diet for imoeachment would be to
give license to weak and lawless
judges and in conclusion made a plea
for conviction in justice to the people
of Judge Swayne's district.
Statehood Bill.
The Senate granted the request OF
thu House for n conferences on the
Statehood bill. and conferees on that
measure and also on the Panama
Canal zone government bill were APP
pointed. Mr.. Morgan withdrew his
opposition TO statehood conference.
Appropriation Bill.
The Naval Appropriation bill was
considered in part and while It was
before The Senate Mr.. Hale and AIR
Arorman united in condemning the
rap;d increase of the navy.
1.-THE principal object of big navy
i'll time of peace said MIR. Hale. sis
to bully small powers He pro.