New-York tribune., 1905-02-11
SW AYNE al SENATE'S BAR
THE TRI4L IN PROGRESS.
of Testimony Begins-A
Woman Uitness.

Washington. Feb. 10-The Senate to-day
heard the first witness called in the impeach-
ment proceedings against Judge Swayne. and
thus began the real work of the trial. The
statement Of the case behalf of the House
was made by Mr.. Palmer chairman Of the
managers. who went over the charges against
Judge Swayne and the managers expected to
prove all of them The witnesses heard to-day
testified concerning ho>el bills paid by Judge
Swayne while holding court in Texas. The Sen
ate decided TO devote the time between and .
o'clock each day TO the trial. Judge Swayne
came in with his counsel, ex-Senators Higgins
and Thurston, and took his seat between them
The sergeant-at-arms reported that sixty-seven
witnesses had been summoned and many Of
them had arrived in the city.
Mr.. Palmer at 80 D. m took the floor
make his opening statement outlining what he
expected TO prove in the proceedings. He re-
ferred to the character of the Senators who con-
sttute the court. and said that it such
TO justify the conclusion that IF guilty, nothing
beneath the shining stars VIII allow them TO let
the respondent go unwhipped OF justice" while
he was just sure that if innocent Judge
Swayne would be vindcated. While speaking
Mr. Palmer stood opposite Judge Swayne and
his lawyers. He faced them, and many times.
looking up from the manuscript from which he
read, turned his gaze directly on the respondent.
Mr.. Palmer reviewed the charges and was
proceeding to arraign the respondent in
nection with the use of private car of a Flor
ida railroad and to show that the judges plea
to the Senate did not correspond with his state
ment before a House committee, when Mr..
Ihurston objected, saying that under the law
The testimony given before committee of law
yers could not be used 10 his injury in a GRIM
inal proceeding
The presiding officer sustained the objection,
and Mr. Palmer thenceforth omitted quotations
from the House testimony of the respondent.
he contended that there should be no hesitation
about convcting Judge Swayne, saying that
minister Of the law should not be volator of
the law. He asserted that the respondent had
oeen thousand miles away from his district
much OF the time. and that this constituted a
mlsdemeanor under the law. He closed with a
plea for thoroughness and justice. saying that
the case had been instituted by the House OF
Representatives in the name of all the people.
who he said demand that the judicial system
be kept unsullied and pure
When Mr.. Palmer took his seat the presenta-
uon OF evidence was begun by Mr.. Olmsted.
Vi the managers who put in Judge Swayne's
commission. the statutes which the Judge is
accused of violating, and other documents bear
ing on the case. Included among these were
Judge SWayne's certifcat tes of expenses and his
receipts for the money paid to him the rate
Of SO day while holding court in Texas
Mr. Bailey suggested that as there was an
agreement between the House managers and
Judge Swaynes s counsel to the expenses of
the Jucge, there was nothing left to be done
but for the Senate to determine whether the act
complained OF was a violation of the law.
Mr.. Olmsted replied that there was no con-
fessiort the part Of the respondent, and in
sisted that testimony was necessary on that
point.
The next witness called was Payne w. Chase.
who in 1900 was clerk in a hotel at Tyler,
Tex. He testified regarding Judge Swayne's
expenses while holding court in Texas.
witness L.
Of Waco Tex, who testified on the same sub
Ject She spoke from the presiding officers
desk
Mr.. Higgins asked for attachment to COM
pei the attendance of Louis Paquet, of New-Or-
leans, a witness
There being other witnesses present the
Senate as a court adjourned at $40 p m