The Washington times., 1905-02-03
TRIAL Of SWAyNE
ON IMPEACHMENT
BEGINS IN SENATE
Mr.. Platt of Connecticut
PresideS Over the
Court.
EX- SENATOR'S PRESENT
EX- SENATOR'S PRESENT
Rule Adopted to Govern Pro-
ceedings-Thurston Takes
the Floor.

The Swayne impeachment case was
again taken up by the Senate at 1880
o'clock this afternoon, when President
pro TEN. Frye yielded the chair to Sena-
tor Platt of Connecticut, who has been
| selected to preside over the Senate sit
| ting a court.
The Sergeant-at-arms opened the
court in the formal manner prescribed,
| and the Assistant Sergeant-at-arm an
neunced the arrival of the House man
agers. They were conducted 10 their
seats and the session was opened.
Ex-Senators Present.
There appeared for Judge Swayne his
two attorneys, Anthony Higgins, of
Delaware, and John NJ. Thurston, of
| Nebraska. Both are ex-Senators. At
the same time another ex-senator
Washhurn, of Minnesota. was ON the
floor.
| Representative Littlefeld Of Maine
was the only member of the House pres
ent, outside the official managers.
The oath was then administered to
Senators Foster Of Washington, Quarles
and Culberson, who had not been pres
| ent when the rest of the Senate was
sworn.
A Rule Adopted.
|
the proceedings of the previous session
of the court. Mr.. Bacon of Georgia, a
member of the special committee of the
Senate on the case. submitted an order
on the conduct of the case.
It provides that an all matters reiat-
ing TO procedure whether as to form
or otherwise, the managers on the part
Of the House or attorneys for Judge
| Swayne, may submit TO the court any
| matters orally, or on the request of any
I Senator, such matters shall be submit
ted in writing. The order further de-
cIares that Senators shall not engage in
colioquys on the case. but address all
| queries to the Chair.
Made Part of Record.
The order was received and submitted
TO the Senate and unanimously ap-
proved. On suggestion of Mr.. Spooner
the Chair formally announced the unan-
imous agreement. in order that it might
become q part of the record.
: Counsel 'fhurston was then recognized
by Chairman Platt, and in behalf OF
Judge Swayne read the reply OF the de
: fendant to the Impeachment charges.
; The DEFENDANTS reply was general
denial of the criminaiity of the charges
Would Quash Articles.
Taking up the articles of impeach-
ment one by one. Mr.. Thurston argued
. that they should be quashed for tht
/ following reasons:
AS to the first charge. he presented
the claim that the acceptance of $40 {
day by a judge for expenses when ab
: sent on duty outside his district repre-
sents the general custom among judges
= throughout the country, and has AWAY;
been considered lawful by all such in
! cumbents and by the auditing and othel
! | officials of the Government concerned il
: the payment Of such accounts.
AS to the second article he contendet
| that the allegations do not. even
true. constitute an impeachable crime.
The Third Article.
As to the third article. Mr. Thurstol
announced his clients answer to be s
2 identicaIly the same that he would
2 with the Senate's permission, om
its reading at length. Without objection
the Senate SO ordered.
As to the fourth article, chargin!
Judge Swayne with improper conduc
2 in accepting the use of railroad pri
vate car after he had appointed the re
2 ceiver, counseis answer was that ,Judg
} Pardee had appointed the receiver am
r that Swayne had merely concurred
4 Counsel explained this at length.