The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1905-02-28
ARGUMENT FOR swAvNE.
Vote VIII Probably be rakcA Mon
day-Enorss 10 Agree IN C~ouscrccs
IN the Statehood BIN Blocked ~
Morgan.

Washington. February s4.-The timu
Of the n today was divided be-
tween the Swayne Impeachment trial
and the motion OF Mr.. Beveridge to APP
point conferees OF the Joint statehood
bill. IN the swayne case. Mesxrs. Per-
kins. Clayton and Powers made argu-
ments in behalf OF the prosecution an
Mfr. Higgins responded in judge
Swayne's behalf. leaving Mr.. Tnurs,on
stHl 10 speak for Judge Swaync and
Messrs. Dearrnond and Palmer for the
House. The trial viii be resumed at
10 O'Clock tomorrow.
IL Is the expectations 81 the Senators
who are managing the impeachment
trial OF Judge Swayne that IN agree
ment VIII be made tomorrow to take
a vote on Monday.
Mr.. Perkins claimed tha. non-resi-
cenc on the part % Judge Swayne m
his district had been absolutely cstao-
lished.
Mr. Clayton declared that never be-
fore in ms history OF the government
n the contention been made tina
an official could not be impcaehed for
ffenses committed when acting ether
wise than in his official capacity.
Mr.. Powers attributed the Judges
conduct in the Belden-Davis case e
weakness and variety and with
reference 10 the O'Neai case said that
no one can examine the evidence with
out reaching the conclusion hat O'Neal
was punished knowingly and unlawful
ly.
Mr.. Powers was followed by Mr.. His-
gins. n made the first address in
defense OF Judge Swayne.
Mr.. Higgins quoted at length the res
olutions adopted by the Florida legis-
lature In 1908 demanding the impeach-
ment of Judge Swayne and said thai
of all the charges made In them none
We're left except those relating to res
idence and dealings with the contempt
cases. Taking up first the contempt
matters he said that In the Belden-
Davis case Judge Swayne had been
actuated 10 do what he did by the con-
duct OF the attorneys. He contended
for the jurisdiction OF Judge Swayne
III the O'Nea case and said that there
was complete lack of malice on Judge
Swayne's part. He explained the
judges absence from his court as due
largely to calls Upon him TO preside
in other states. The Senate as a court
then adjourned and resumed consid-
Grafton Of the statehood bill.
Mr.. Morgan antagonized the motion
20 appoint conferees OH the statehood
bill and attacked the provision in the
Hill for Indian suffrage. saying.
The p~ettifoggy politician could have
no better field than this. With a bottle
OF whiskey, a few pipes and some gew-
he can achieve marvellous results.
He predicted that the scandal that
would come out Of these elections would
adhere not only to the new state, but
to the people OF tie United States"
After the Alabama Senator had
spoken for about an hour Mr.. Bate ap-
preached him privately. asking him TO
desist and saying that Senators gener-
ally desire action. Il don't care" Mr..
Morgan responded, Il am padding my
own canoe."
Mr.. Morgan admitted that il was his
desire 10 kill the bill.
Mr.. Foraker interrupted to to
adjourn, but before doing 50 he yielded
to permit a motion to appoint conferecs
on the Panama canal bill. Mr.. Bailey
objected, saying that no more confer
ences could be had until the statehood
matter is settled.
After further contIntion the Senate
adjourned to meet at $50 tomorrow
morning. Mr.. Morgan still holding the
floor