The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1905-02-04
JUDGE SHAYNE'S ANSWER
READ BEFORE SENATE
FORMIDABLE DOCUMENT IN
POINT OF SIZE.

In Every Case the Fact Charged IL
Admitted but Explained from the Ac-
cused's Point of view-House or
dered to File Its Formal Reply by
Next Monday-The Trial to negsn on
February 10.
Washington, Feb. s.-Through his
counsel. Judge .Swayne to-day made
formal response in the senate to tha
articles Of Impeachment made by the
house Of representatives. The answer
was formidable document in point a
size. Each of the twelve articles Of
impeachment was answered at length.
In every case the fact charged was adj
mitted, but explained from Judge
swayne's point Of view, and in addi-
tion 1t was contended that even If the
conditions were true, as charged, thev
were not of a character to justify the
proceedings for impeachment for 'hig4
crimes and misdemeanors.'
The answer was read by ex-Senasor
Thurston and when he concluded tho
senate issued an order requiring tfia
house to file its formal reply by nexS
Monday and directed that all pleadirRa
shall be- in by the ninth so that the
trial may proceed on the tenth.
The proceedings attracted a large an-
dience to the galleries and most Of th0
senator's were in their seats.
Judge Swayne's answer is a type
written document of fifty or sixty
pages. Mr.. Thurston took up the spec
ifcations Of the charges in detail, con-
tending that they were not such "a
should be taken cognizance Of by tho
senate. 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 contrary to law, as
the allowance Of $40 per day was in
tended to be a fixed and definite allow
ance for Judges when holding court out
side their districts. Judge Swayne
said that judges generally have drawn
the full amount of $40 per day, ana that
up to the beginning Of the present pro
ceeding he had not received any init.
nation from the auditing officers Of the
treasury department or from Sothers
that his course in accepting the full
amount allowed was contrary either to
law or custom.
/ The charge that in 1893 Judge Swayne
had appropriated to his own use a cal
Of the Jacksonville, Tampa and Key
West Railroad company, was denied.
Judge Swayne admitted the use Of the
car, hut claimed that it was occupied
by himself and friends In going front
Delaware to Florida, on the Invitation
of the receiver of the road He declaw-
ed that no expense was incurred by th9
railroad company on account Of his use
Of the car.
Judge Swayne also denied that he
failed to establish a residence iii his
district in Florida and said that he
has resided in that state since 1885 and
in Pensacola since 1894. He admitted
that with his family he has been IN the
habit of visiting his father in Delaware.
He admitted frequent absences on ac~
count OF visits to his family, the hold~
ing Of court elsewhere and because OF
a tour in Europe, but contended that
there had been no offence In this e.
spect Of character to justify im-l
peachment for high crimes and nlisdesA
meanors. n
The charge Of committing p. z. Dast
Wis to jail for contempt he admitted, 1
but justified it as a public duty; with (
reference to the charge that he had pres
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 thiy
charge to conspiracy on the part Of
three lawyers In the case, for the pur-
pose of securing delay and thwarting
Justice. He also admitted fining and
ordering to prison Attorneys Samuel
Belden and b. T. Davis, on the charge
of contempt for their conduct towardi
him in the real estate case and said
his conduct in that matter was justifis
able, as was shown by the fact that tho
sentence was affirmed by Judge Pardes
Of the United States circuit court.
Judge Swayne also justified his
course in furnishing w. G. O'Neal, say
ing that his action in this case had
been due to the fact that o'Neal had
made murderous assault upon q truss
tee in bankruptcy appointed by him
(Swayne) in a bankruptcy proceeding
The reading Of the answer was con-
cluded at 2:25 b. M, almost two hours
after it had begun.