The Montgomery advertiser., 1905-02-26
ICONCLUDyNG <l
 AgGUMFTS Swa,( lie Ca Rapidly Nearing Its Close. A VOTE MONDAY MORNING COnfereeS on Statehood and
 Canal Zone. Mir. Morgan Appointed as One of the senate Members, but Alabamian Immediately Gives Notice
 of Refusal.
A VOTE MONDAY MORNING

Washington. Feb. 25.--Thc Senate today heard the concluding argument on both sides in the Swayne impeach- | ment case ex-Cenator Thurston speak ing for Judge Swayne and MT. DeAr- mond presenting the case on behalf of | the House managers. After discussion of almost two hours in secret session an order to vote Monday morning at
 10 o'clock was made. The voting will be on the articles separately and will continue until all have been passed upon.
 The Senate also at last granted the request of the House for a conference on the Statehood bill and conferees on l that measure and also on the Panams
 anal zone government bill were ap- pointed.
 The naval appropriation bill was | considered in part and while 1t was before the Senate Mir. Hale and Mir. German united in condemning the rapid increase of the navy.
 In the few minutes allowed for leg islaticn before the beginning of the | Swayne impeachment trial. the Senate | today made amends for the delay | yesterday in the matter of appoint i ments of conferees m the joint State
 hood and Panama canal government | bills Mir. Morgan made no further op- position to the announcement of the 1 eonferees on the Statehod bill ar, while he declined to serve on the Pan- l ana canal conference he did not seek to postpone action on the request os the House. Exactly ten minutes be-
 tween the convening of the Senate at
 $50 and the beginning of the impeach-
 ment case both committees were filled
 by the chair.
 Agr. Morgan Declines. Immediately after convenfng the chair announced tho appointment of 1 Messrs. ki:sredge. Willard and Morgan | as conferees on the canal bill, MT :. | Morgan promptly declined, saying that | his advocacy of the House provision
 regarding tfe Canal Commissioners was such that he could not undertake
 to represent the position of the Sem ate. He was excused and Mir. German appointed in his stead. The Statehood | bill laid before the Senate Mir. Morgan l said: yesterday took the floor at an em- barrassing time and under what were to me embarrassing circumstances. supposed that those who opposed the House bill were to continue their op- position at this time but had not been | long speaking when I found myself in semi i-anta agonism to my friends. I had expressed my views on the constitu- | tional features of the bill when it was before the Senate, but had no oppor- l tunity to discuss its suffrage features. was anxious to express my views on | that point and having done so l shall not proceed further"
 MT. Morgan had scarcely ceased speaking when the chair made his an- nouncement of conferees on the State- hood bill, designating Messrs. Bever- | idge. Nelson and Bate.
 The impeachment trial was then re- | stunned and as soon as a quorum could be secured Mir. Thurston began his ar- gument in Judge SwSyne's behalf. Early as was the hour the galleries were well filled and Mir. Thurston re- ceived close attention. q stand here" he said, in beginning his address. ito raise the last voice ever to be heard between this time and the time when the judgment of God shall be pro- nounced. in support of the personal honor and the official integrity of Charles Swayne, the respondent at this l bar"
 ThurstOn's Contention. 1 MT. Thurston contended that a Judge cannot be impeached for crime against a 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 limita- | tion and should be here. Referring to | the charge of using private cars he | said There are reasons why the mantle of charity should be drawn by the senate's action of that kind by pub lie men"
 1 On the point of residence, MT. Thurs
 ton said that if Judge Swayne did not make his home at Pensacola. ne had no home anywhere. He explained his
 prolonged and frequent absences by
 saving that for 15O to 200 days each
 year, the Judge was engaged in hold ing court in other States He traced
 the present prosecution to the Davis Belden contempt case. declaring that
 a conspiracy to depose the Judge had
 grown out of it, and extended until 1t
 reached it's present stageI He justified
 the punishment in the Belden-DaVis
 case and in the CfNeal case.
 1 With an appeal for vindication and
 acuuittal, Mir. Thurston closed at 12:40
 after proceeding two hours and half.
 Mir. DeArmond concluded the argu-
 ment for the prosecution following Mir Thurston.
 Taking up the Belden-Davis con
 temtp case MT. DeArmond declared that Judge Swayne's course had been con
 tempt and defiance alike of law and
 human rights. He referred to the
 charge of non-residence. saying that
 while there was no legal requirement
 for the respondent as an individual to
 remain in the district It was incum-
 bent upon him under the law to aban-
 don his oflce if he did not live in the
 district. He contended that it was
 competent to impeach a judge for
 crime whether committed in connection
 of official acts or not. He declared
 that the taking of more money for
 expenses than was expended was noth-
 ing less than larceny.
 Plea For Conviction
 MT. DeArmond asserted that Judge
 Swayne should have excused himself
 from sitting in the Florida Mcclure
 case, out of which the contempt cases
 grew, because even if he was not even
 the owner of any land involved he
 had passed favorably on the title with
 a view to purchasing it. He said that failure to bring verdict for im-
 peachment would be to give license I t- -A IavsIoaa T,sSOaa na an