Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-02-04
58th CONGRESS-.
Judge Swayne Answers
Articles Of Impeachment.
Twelve Articles Admitted but
Claimed Not JustifiabIe.
The Trial Will Proceed on Feb. TO-
The Days Proceedings.

Washington, Feb. 3.-Through his
counsel Judge Swayne today. made
formal response in the Senate to the
| articles of Impeachment made by the
House of representatives. The answer
was d formidable document in point
OF size Each of the twelve articles of
impeachment was answered at length
| IN every case the fact charged WAS adj
fnittea, but explained from Judg"
S"aynes point of view ana in addi-
| ton ii was contcnded that even if the
conditions were true as charged they
were not OF d character to justify pro-
cccdinGs for impeachment for High
| crimes and misdemeanors."
The answer was read by Ey-Sena-
| tor Thulston and when he concluded
| me senate issued an order requiring
the lious" 10 file its formal reply by
he%t Monday and directed that all
pi"adings shall be in by the ninth so
that the trial may proceed on the
| tenth.
The proceedings attracted a large
| audience to the galleries and most of
the senators We're in their seats.
After the trial was suspended Stone.
Berry and Morgan spoke in OPPOSE
ton - the statehood bill in its pre-
| sent form.
Promptly at 1890 P. NJ after the
| morning business WAS disposed of. thu.
Senate resolved itself into AIN i'm
parchment court for the continuation
Of the trial OF Judge Charles Swavne.
After the trial oath had been admin
istered to Senators Quarles. Culber-
| son and Foster of Washington. the
| managers on the part of the House
and Judge Swayne's counsel. were
shown to their seats inside the Senate
| bar.
The order for the day included only
| the answer of Judge Suayne to the itc-
| c'iSauons of the House and this was
! presented by Former Senators Higgins
| ana Thurston Oh behalf of the resDotti-
| ent. who again failed To appear in per
| son. me galleries were crowded ANA
| the proceedings We're followed with in
| tereSt. AS soon as the prelininarioS
| were completed, Bacon, on behalf OF the
| senate committee presented an order
| which WAS adopted unanimously, pro-
| NIdIlg that i'll all matters of proceed
| ure the House managers and the de
| fendantS counsel may submit requests
| To the presiding officer verbally or if
| required in writing; senators cannot
| engage in Il Colloquy or address tht
| managers or defendants counsel. but
| all remarks shall be addressed to the
! presiding officer.
| Thurston read Judge Swayne's an
swer. a typewriter document of 30 Or
60 pages. He took up the specifications
| of the charges in detail, intending
that they we're not such as should he
| taken cogniZance Of by the Senate.
| Taking up first the charge of receiving
$40 Eer day for expenses while holding
court in Teas, while the judges ex-
| penSoS We're not SO great, he admitted
the receipt of the money as charged
| but denied that his conduct in this re
| SpeCt WAS contrary to the law, as the
allowance of $40 per day WAS intended
10 hc j fixed and IL finite allowance for
Judges when holding court outside their
dist riots. Judge SWHvne said that
judges generally have drawn the fun
amount of $40 per day and that up to
the beginning of the present pro c d
ing he had not received any intimation
from the auditing officers of the treas
ury department or from othrrs that his
course in accepting the full amount al
lowed was contrary either to law or
custom.
The charge that in 1892. Judge Swayne
had appropriated to his own use car
of the Jacksonville Tampa & Key West
Railroad Companies was denied Judge
SWayne admitted the use of the car.
but claimed that il was occupied by
himself and friends in going from Del
awar, 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 use
of the ear.
Judge Swaync also denied that he
failed to establish a residence IN ms
district in Florida and said that he has
resided in that state since 1850 ana Ill
Pensacola since 1894. He admitted that
with his family he has been in the Il n
it of visiting his father in Delaware.
He admitted frequent absences on ac-
count of visits to his family. the holding
of court elsewhere and because OF 4
tour in Europe. but contended that
there had been no offence in this re-
spect of character to justify irf-
peachment for high crimes and misde-
mcanorS.
| The charge Of committing T. L.
Davis to Jail FOR contempt. he admitted
hut justified it as a public duty. With
reference to the charge that he had
: presided in sril relating to real estlSa
in Florida in which he was interested.
Judge Swayne Ceniei the holding of
such interest. He attributed this charge
to a conspiracy on the part of three
lawyers iii the case. for the purpose of
occurring delay and thwarting justice.
He also admitted filming and ordering
to prison Attorneys Samuel Belden and
E. W. Davis on the charge of con-
tempt for their conduct towards him
| in the real estate case and said his
conduct in that matter was juStifiablr
as was shown by the facts that the
sentence was affirmed by Judge Pardee
Of the United States circuit court.
Judge Swayne also justified his
CONTINUED on page IL