The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-02-28
Acquitted of All Charges
Brought Against Him.
VOTE IN THE SENATE
The Highest For Impeachment Was
Thirty-Five, the Lowest Against
1t FOrtY.Seven. The Larger
Votes Were Strongly Along
Party Lines.
lRv the Assoclated rress.l }

| Washington. Feb. 27.--The Senate
| today concluded the Impeachment trial
! of Judge Swayne by acquitting him on
all the charges made against him in
! the articles of impeachment presented
! by the House.
The voting on the Swayne case be-
ban at 1910, twenty minutes after the
| Senate convened, and continued until
11:45. There was no discussion and
all the time was consumed in taking
the twelve votes necessary to dispose
of each of the articles The highest
vote for impeachment was IS votes,
and the lowest against it Al. On the
two articles charging the use of pri-
vate railroad cars only 3 votes were
cast for conviction. lhe larger votes
were largely along party lines.
Judge Swayne was not in the Senate
during the roll calls. but in the Presi-
dents room just back OF the chamber.
The result Of each ballot was sent
to him by his attorneys, Five of the
House managers attended during the
proceedings.
When the first article was read,
charging Judge Swayne with making
a false certificate for expenses while
holding court at Waco, Texas, the pre-
siding officer said:
Senators, how say YOU? Is the re-
spondent Charles SWayne, guilty or not
guilty as charged in this article?"
The calling OF the roll by the secre-9
tary was then begun. Tile first Sena-
tor TO rise in response to the call was
MIR. Algcr, who voted mot guilty" in
clear and distinct tones.
Vote Largely Divided by Party.
Mr.. Bacon was the first Democrat
on the roll and likewise the first To
answer in the affirmative, finding Judge
Swayne guilty. The vote throughout
was largely partisan and stood SO TO 10
The Senators who voted guilty were
Bacon. Bailey, Bard. Bate, Berry.
Blackburn. Carmack, Clark (Mont),
Clay, COckrell, Culberson, Daniel. Fos-
ter (La.). German. Kittredge Latti-
mer, McCreary McCumber, McEuery,
McLaurin Mallory. Martin, Money,
Morgan. Nelson, Newlands, Qverman,
Patterson. Pettus. Simmons stone,
TaliafcIro, Teller-33.
Under the rule requiring a two
thirds vote to convict. 55 votes in the
affirmative would have been necessary
to convict. AS this vote was almost
reversed. Judge SEayne was pro-
nounccd to- be not guilty. The chair
announced this to be the result.
The reading and voting upon the
cession. The second charge was that
Of an excessive charge for expenses
while holding court at Tyler, Texas.
The proceedings in this ease was All
exact counterpart Of that on the first
article and the result was 80 for con-
Viction to so for acquittal.
The third charge also related to eX-
ccSsiye expense charges at Tyler,
Texas. and The vote was identical with
the vote on the second article, 81 to
so.
The fourth and fifth articles related
TO the use Of private cases. There were
only thirteen votes OF guilty on them
as follows: Bailey, Berry, Blackburn
Carmack, Cockrell, Calberson, Daniel,
McLaurn' Martin, Money, Morgan,
NeWlands and Pcttus, all Democrats.
Sixty-nine Senators voted for ac-
quittal.
On the sixth charge, that ot non
residence by Judge Swayne in his dis
trict, the vote Was 81 TO 81.
On the seventh article. relating to
residence, the vote was 19 for convic-
ton and 63 against The affirmative
vote was as follows: Bate, Berry. |
Blackburn, Carmack, Clark (Mont.) |
Cockrell, Daniel, Dubois. Gibson, Lat
timer, McCreary McEnery McLaurin, |
Mallory, Martin. Money. Morgan, Pet |
tus and Taliaferro-19.
The vote on the eighth. ninth. tenth |
and eleventh articles, covering the |
contempt eases of Davis and Belden. /
was 81 to 81.
Largest Vote For Conviction.
The twelfth article was the last. It
dealt With the conduct of Judge |
Swayne in punishjng W. c. O'Neil tol |
contempt in assaulting a trustee in |
bankruptcy appointed by him. On the I
final vote the result was So guilty 10 /
~ not guilty, the largest vote given for
The result Of this vote being an
nounccd and with IL the entire ver- /
dict ascertaincd, tho chair directed the I
secretary to enter an order Of acauttal /
on all the articles. This being done !
the long and tedious proceedings came