The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1905-02-28

Washington, February 25.-The Sen
ate today heard the concluding argu-
ment on both sides in the Swayne i'm
peachment 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
morning at 10 o'clock was made. The
secret session was devoted entirely to
the discussion of resolution present
ed 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 a. m. the Senate
shall proceed to vote without debate
on the several articles of impeachment.
The presiding officer shall direct the
secretary to read the several articles
Of impeachment in their regular order
After the reading of each article the
presiding officer shall put the question
following: Senators. how say you, is
the respondent guilty or not guilty as
charged in this article?'
''The secretary will proceed to call
the roll for the response Of Senator'S,
MI, xuho lie 90
each Senator shall rise in his place and
give his response Guilty or Not Gull
ty' and the secretary shall record the
same
Mr.. Thurston began his argument
in Judge Swayne's behalf at 10 O'Clock.
Il stand here" he said in beginning his
address, 'to raise the last voice ever 10
be heard between this time and the
time when the judgment of God shall
be pronounced in support of the per-
sonal honor and the official integrity of
Charles Swayne, the respondent at this
bar"
Mr.. Thurston contended that judge
cannot be impeached for a crime
against state law disconnected with
his official duties, and referring to the
first seven articles of impeachment.
he declared that in an ordinary court
they would be barred by statutes Of
Limitation and should be here. Refer
ing 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.. Thurs
ton said that il Judge Swayne did not
make his home at Pensacola, he had
no home anywhere. He explained his
prolonged and frequent absence by say
ing that for $50 to 200 days each year
the judge was engaged in holding
court in other states. He traced the
present prosecution to the Davis-Bei-
den contempt case, declaring that a
conspiracy to depose the judge had
grown out of it and extended until It
reached the present stage. He justi-
fed the punishment in the Belden-Da-
Wis case and in the O'Neal case. Mr..
Thurston closed with an appeal for vim
dication and acquittal.
Manager DeArmond concluded the ar
gument for the prosecution. Taking up
the Belden-Davis contempt case. Mr.
DeArmond, declared hat Judge
and dehnance alike Of law and of hu-
man rights. He referred 10 the charge
of non-residence, saying that while
there was no legal requirement for the
respondent as an individual 10 rerna n
IL the district il was incumbent upoI
him under the law to abandon his Of
fee IL he did not live in the district.
He contended that ii was competent
tc impeach n Judge for crime whether
committed in connection with offic:a-
acts or not He declared that the tax
ing of more money for expenses than
was expended was nothing less than
larceny.
Mr. DeArmond asserted that Judge
Swayne should have excused himself
from sitting in the Florida Mcguire
case. out of which the contempt cases
grew. because even IL he was not the
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