New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-02-04
SWAYNE MAKES ANSWER.
PLEADS NOT GUILTY.
Counsel Tel Senate All His 4ct;ons
We're Legal.
IrsoM TIEE tribune BUREAU

avoidsnce- IN other words on the ground that
he his not been guilty of high crimes and mis-
6er1Aanors. Judge Swayre demurs against the
jurisdiction of the Senate. He confesses the
accuracy OF most OF the allegations made in the
srticles Of Impeachment. but seeks to avoid
plane therefor. stating at much length the ron
sons for his acts. which reasons, he declares
establish their validity
Judge SwayTle's answer IS regarded as a r.r
ticularly able document. and evidently apnea1ad
10 many members of the Senate who. while
desming it improper to express their views
while the case is pending before them. have
entertained 10 considerable extent the view
Of the defendaut's acts which is advanced in
excuse for them. II is held that the defendant
has presented the strongest possible defence and
one that seems most likely TO be accepted as
sufficient 10 warrant acquittal by the Senate
while the comparative simplicity OF the reply
will st IS hoped, obviate the hearing OF a por-
ton Of the evidence which might otherwise have
been regarded as essential and will materially
narrow the scope Of the case. Among them
sslves Senators express the opinion that the
reply Of the defendant to the charge that he
had falsfed his expense accounts was strong
and particularly important as going far to dis
pose Of the single charge on which the ablest
lawyers OF the House could agree
Promptly al 12:}0 p. IL. the Senate resolved it
self into an impeachment court. After the trial
cath had been administered 10 Senators Quarles,
Culaerson. and Foster. of Washington. the
managers on the part of the House and Judge
srayre's counsel took seats inside the bar The
order for the day included only the answer of
Judge SwayI.e to the accusations OF the House,
and this was presented by ex-Senstors Higgins
ena Thurston on behalf OF the respondent. who
again failed 10 appear in person, The galleries
5-E,., %,Tg-
with great interest. AS the preliminaries
were completed. Mr. Bacon. on behalf of the
Senate committee. presented an order. which
was adopted unanimously providing that IN all
matters Of procedure the House managers and
the defendants counsel may submit requests TO
the presiding officer orally or, if required in
writing. Senators cannot engage in a coloQuy
or address the managers or defendants counsel
but all remarks shall be addressed TO the presid-
sng officer.
DENIES ILLEGAL EXPENSE CHARGES.
Mr.. Thurston read Judge Swaynes answer.
typewriter document OF fifty or sixty pages.
He took up the specifications In detail. contend
ing that they were not such as should be taken
nognizance of by the Senate. Taking up first
the charge Of receiving SO a day for expenses
while holding court In Texas. while the judges
actual expenditures were not so great he ad-
Erltte6 receipt
denied that his conduct in this respect was con-
trary 10 law as the allowance Of SO day was
intended 10 be fixed and definite allowance for
sudges when holding court outside their dis
trtcts Judge Swayne said that judges generally
have drawn the full amount Of SO a day, and
that Up 10 the beginning Of the present proceed
Ing he had not received any intirnation from the
nllci1a1lg officers OF the Treasury Department or
from others that his course in accepting the full
smount allowed was contrary either TO law
custom. .---.---
The charge that Judge Swayrre in 1893 appro-
priated 10 his own use a car of the Jacksonville,
Tampa and Key West Railroad Company
denied. Judge swayne admitted the use of the
car but said that 1t was occupied by him and
his friends IN going from Delaware to Florida on
the invitation Of the receiver of the road. He
declared that no expense was incurred by the
railroad company on account Of his Of the
car
Judge Swayne also denied that he failed 10 es-
tablsh residence in his district in Florida, and
said that he has lived in that State since 1885
and in Pensacola since 1894. He admitted that,
with his family, he has been in the habit OF
visiting his father in Delaware. He also admit
ted frequent absences on account of visits to his
family, the holding Of court elsewhere, and be-
cause Of trip in Europe. but contended that
there had been no offence IN this respect OF
character to justify impeachment for high
Grimes and misdemeanors.
The charge of committing E. T. Davis TO Jail
tor contempt he admitted. but justified ii
public duty. With reference TO the charge that
he had presided in a suit relative 10 real estate
In Florida in which he was interested Judge
svayne denied the holding of such interest. He
attributed this charge TO a conspiracy on the
part Of three lawyers in the case for the pur-
TnIa s7r7H arfi ipn
Ee also admitted hning and ordering to prison
Samuel Belden and Z. T. Davis on the charge Of
contempt for their conduct toward him in the
real estate case, and said his course was justif-
abe, as was shown by the fact that the sentence
vas affirmed by Judge Pardee, OF the United
States Circuit Court
Judge swayne also justified his course in pun
khing ". c. O'Neal saying that ONeal had
made q Inurderous assault on a trustee ap-
pointed in a bankruptcy proceeding.
The reading Of the answer ended at 2:26 p
n. almost two hours after il began. Mr.. Thurs
ton asked for time file exhibits regarding GER
uhcates Of expenses Of circuit judges not yet
received from the Secretary Of the Treasury,
bur on objection by Mr. Palmer the request
vas withdrawn
On motion Of Mr. Fairbanks. order was
soopted giving the managers of the House until
p II. on February 10 present a repicatlon
OF other pleading which the House may desire
20 make. The order further directed that all
subsequent pleadings should be filed with the
Secretary Of the Senate and that all pleadlngs
must be closed before February .. so that the
ulsl may proceed at 2. m on the 10Th
STATEHOOD DEBATE RESUMED.
The Senate. sitting as court, then ad-
3ourned and. resuming legislative consideration
Of the Joint Statehood biz. Mr.. Stone spoke in