The Montgomery advertiser., 1905-01-28
ANSWERS BY
 HIS LAWYERS SWayne Trial Will Begin
 Feb. 10. rs.sT:...'-'o ,.s ..'... 7 ss n0ctEDNGs Two Ex-SenatOrs Appear for
 the Accused Judge. Time Is Allowed for the Formulation of a Response to the Bin Brought by tAe House of Represeatatfves.

Jan. xf.--TnfOuEn ltS
 counsel. consisting of former United
 States Senators Anthony Higgins and
 John M. Thurston, Judge swayne to-
 day appeared in the Senate to make
 answer to the summons in connection with the impeachment proceedings
 against him as Judge of the United
 States Court for the Northern District
 of Florida. They obtained weeks
 time to make complete response and
 the time for the beginning of the real
 trial was fixed at February 10. The
 galleries were crowded and a large
 number of members of the House were present in the Senate Chamber The discussion of the Statehood bill
 was then resumed and Messrs. Gallin-
 ger. Bailey and Stewart spoke on the
 Gallinger prohibition amendment con-
 corning the sale of liquor In the Indian 1 Territory.
 The general knowledge of the fact
 that Judge Swayne was to make his first appearance in the Senate today In
 connection with the impeachment pro ceedings against him had the effect of attracting an extra large assembly to the galleries. Inside of the bar of the Senate two tables were placed, one for Judge Swayne and his counsel and the
 other for the House managers, each
 table being supplied with writing ma
 terials and chairs
 Pending the appearance of Judge 5wayne and others connected with the Senate the Senate proceeded with oth- CT business.
 The resolution authorizing the use of certain vacant buildings in Washing ton by the National Guard during the
 Presidential inauguration was passed. A bill authorizing the construction of
 bridge across Red River at Shreve- port, La, was passed.
 Mir. Elkins presented the credentials of his colleague, Mir. Scott. for the term
 beginning March 4. next
 Credentinls of AidrIch. MT. wetnore. presented the creden-
 tials ,of Mir. Aldfich. consisting of q eertificate from .'his exceIlency. the Governor. Captain General .ind Com mandep-in- Chief of the Commonwealth
 of Rhode Island and Providence Plan- tations"
 MT. Spooner presented a memorial
 from the wisconsin Legislature urging compliance with the Presidents recom-
 mendatIons for the extension of the
 powers of the Interstate Commerce Commission.
 At o'clock when the trial of Judge
 Swayne was resumed much interest was
 manifested. There was an exceptional
 attendance of Senators and the vacant spaces in the Senate chamber were all occupied by members of the House.
 The galleries were crowded. Before Judge Swayne's counsel ap-
 peared. Mir. Platt took his seat in the
 chair of the presiding officer and the
 seregant-at-arms again commanded
 silence on pain of imprisonment" A resolution notifying the House of Representatives that the Senate was
 ready to proceed with the trial was adopted.
 The return made by sergeant-at-
 Arms Ransdell upon the summons of
 Judge Swayne was then read and After
 Mir. Ransdell was sworn as to the cor
 rectness of the return. he called for the appearance of the respondent saying Charles Swayne, Charles Swayne, Charles Swayne, Judge of the District
 Court for the Northern District of
 Florida, appear and answer to the
 articles of impeachment exhibited by
 the House of Representatives against you"
 Judge Swayne did not appear in per-
 sel, ex-Senators Anthony Higgins and
 John M. Thurston.
 MT. Higgins announced the presence
 of Judge Swayne in the city. but said he desired to appear by his counsel,
 who had his warrant for so doing
 Mir. Thurston then moved to grant his
 client until February to prepare his
 answer, and the motion being formally presented by MT. Fairbanks of the
 Senate special committee, 1t was
 adopted.
 An order fixing the time for proceed ing with the trial caused some debate.
 Manager Palmer named Februry 10 as the time for which witnesses should
 be summoned and February 13 as the time for proceeding with the trial Mir. Thurston expressed willingness, but said he would prefer to proceed on
 the 10th.
 MT. Bailey suggested that the trial should proceed February 3, immediately after, receipt of Judge Swayne's answer. saying that unless this date be fixed there necessarily would be great haste. either in the trial or in the matter of legislation. He said the House managers
 are familiar with the facts in the case | and moved to require the trial to pro- ceed February 3rd.
 Witnesses are Scattered. | MT spooner thought the proposed change would cause undue haste and
 Mir Palmer said that time would be necessary for the managers to prepare a replication or demurrer as the case
 might be and that this could not be done February 3, especially as it would be necessary to present the reply to the House. Mir. Palmer added that the witnesses in the case are in Florida, Texas and Louisiana. and tha. 1t would | be a physical impossibility to have | them in Washington by February 5 MT. Bailey thereupon withdrew his amendment and the order proposed by
 Mir Palmer was adopted.
 The trial proceeding then terminated for the day and the House managers and Judge Swayne's counsel withdrew ! to return February Srd, at 12:3O D. m. Consideration of the joint Statehood ! bill was then resumed.
 MT. GalIinger addressing the Senate in support of his amendment prohibit ing trafic in intoxicating liquor in the Indian Territory. said the Indians them 1 selves desired to be so protected | Mir. Spooner expressed the opinion that in admitting a State. Congress had no right to grant privileges to one class and not to another; nor could the | federal government retain control of