New-York tribune., 1905-01-28
READY TO TRY SWAYNE.
SENATE MEETS rs COURT.
focused Judge appears by Counsel
--Hard Task for House Managers.
IrroM TIT TRIBUNE BUREAU

81
washington. Jan. 2I.-The galleries were filed
- overaowing to-day with an audience largely
con7posed or brightly dressed women when at
o'clock the Senate held its second session in
,se Impeachment proceedings against Judge
euavne Promptly at the hour named Mr Frye
,tslsed The ravel TO Senator Orville H Platt,
- ,he House was advised that the Senate was
-eadv 10 proceed with the trial. a moment later
she managers on the part Of the House were an
,.o,,nced. and were escorted to their places by
.,o sergeant-at-arns Ex-Senators Anthony
higgins. Of Delaware and John NJ Thurston
- Nebraska. entered the Senate Immediately
after the House managers. ana il
,,onnoed that Judge swayne would be repre-
se,,es nv two former members Of the body by
,,r,,h he is to he tried. BY this time not less
.bsn two hundred members Of the House had
entered the Senate Chamber. and stood three
sear around the walls. When the counsel for
.,s defence had been escorted 10 seats opposite
he desk the sergeant-at-arms mounted the ros-
.rur, and having that he had duly
ss-ve5 the summons Of TIE Senate. called out in
loud voice
charles Swayne. Charles Swayne. Charles
ev-svne Judge Of the District Court in and for
he Northern District OF Florida. appear and
srsVer 10 charges of inpea chnnent by the House
of Representsrives against YOU.
Ex-senator Higgins replied that he and his
associates were authorized 10 represent Judge
swayne. and tn his rePly made use Of the words
n the summons. Appear i'm the city Of Wash
inRton." thereby revealing error in the word
ing Of that document which. had Judge Swayne
cared 10 take advantage of a technicality. would
have made necessary the immediate adjourn
r,enf Of the session and the serving OF a new
summons
The summons cited the Judge 10 appear in
the city Of Washington al O'Clock to-day, but
failed 10 stipulate before the bar of the Sen
ate" This error was due TO carelessness in the
Office Of the secretary Of the Senate. but counsel
for the defence waived the technicality and so
won a point because Of their spirit Of accom-
nloaalion. The judge did however. take ad-
vantage Of the error 10 the extent OF failing to
appear in person before the Senate. TO the great
Disappointment Of The audience.
The remainder Of the session was devoted TO
discussing the date on which the trial should be
actually taken UP. The defence obtained until
February 70 file answer and witnesses
were subpoenaed 10 appear on February 10 The
aEers for the House asked that the trial
might not actually begin before February 13
snd their prayer will doubtless be granted
From The brief session of to-day il appeared
that the task Of the House managers will not
he an easy one and that Senators are inclined
10 De eEacting in their requirements Of their
friends from the lower branch. This disposition
ras displayed by two Democratic Senator'S
Bailey and Blackburn, the latter remarking that
possibly il might be assumed that the House
managers were lawyers"
OF course, Senators. who are called or to act
rs h'th judge and jury in this case will not
s6uSS its merits, but il is manifest that they
90 not expect the managers for the House TO
Pc able 70 produce. such evidence as would war
rant the final Impeachment Of Judge Swayne
n" high crimes and misdemesnors" II is
equally evident that the House has acted on
evidence OF a doubtful character and that the
managers have far less comprehension OF their
case Ihan they might naturally be expected 10
have acquired IN view of the fact that they
have been debating the case for approximately
year, and determined that the charges were