The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1905-02-09
Facts in the Impeachment
Charges are Admitted.
DENIES ALL CULPABILITY
Sets Forth That Alleged Wrongful
Acts Were No Violation of Law
or Ethics and Claims Justifi-
cation in Every Article.


Through his counsel Judge SWayne
Friday made formal responses in the
senate to the articles of impeachment
made by the house of representatives.
The answer was a formidable docu-
ment in point of size. Each Of the
twelve articles of impeachment was
answered at length. In every case
the fact charged was admitted, but ex-
planned from Judge Swayne's point Of
view, and in addition it was contend
ed that even if the conditions were
true as charged, they were not of
character to justify proceedings for
Impeachment: for high crimes and
misdemeanors"
The answer is a typewriter docu-
ment Of fifty or sixty pages, and was
read by ex-senator Thurston.
Mr.. Thurston took up specifications
Of the charges in detail contend
ing that they were not such as Should
be taken cognizance of by the sen-
ate Taking up first the charge Of
receiving $40 per day for expenses
while holding court in Texas while
the judges expenses were not so
great, he admitted the receipt of the
money as charged, but denied that
his, conduct in this respect was con.
trary to law, as the allowance OF $40
per day was intended to be a fixed
and definite allowance for judges when
holding court outside their districts.
The charge that, in 1908, Judge
Swayne had for his own use rail-
way car of the Jacksonville, Tampa
and Key west Railway Company, was
denied. Judge Swayne admitted the
use of the car, but claimed that 1T
was occupied by himself and friends
in going from Delaware to Florida
on invitation of the receiver Of the
road. He declared that no expense
was incurred by the railroad compa-
ny on account of his use of the car.
Judge Swayne also denied that he
failed to establish & residence in his
district in Florida, and said that he
has resided in that state since 1885,
and in Pensacola since 1894.
The charge of committing E. T.
Lewis for contempt, he admitted, but
justified it as duty, but with ref
erence to the charge that he had pre-
sided in a suit relating to real estate
in Florida in which he was interested.
Judge Swayne denied the holding OF
such interest. He attributed this
charge to a conspiracy on the part
OF three lawyers in the case for the
purpose Of securing delay and thwart-
ing justice.
He also admitted fning and order
ing to prison Attorney Samuel Belden
and Attorney E. T. Davis, on the
charge of contempt for their conduct
toward him in the real estate case, and
said his conduct in that mater was
justifable, as was shown by the fact
that the sentence was affirmed by
Judge Pardee of the United States cir
cult court. Judge Swayne also justl-
fed his course in Furnishing w. c.
O'Neal, saying that his course in this
case had been due to the fact tnat
O'Neal had made a murderous as
sault upon a trustee in bankruptcy
appointed by him (swayne) in bank
ruptcy proceeding.
On motion Of Mr.. Fairbanks, an Or
der was adopted giving the managers
of the house until p. M, February
G. to present a replication or other
pleading which the house may desire
to make. The order further directed
that all subsequent pleadings should
be filed with the secretary OF the SEN
ate and that all pleadings must be
closed before the 9th, so that the trial
may proceed at p. m. on the lotn.