The Montgomery advertiser., 1905-02-12
EXAMINING
 WITNESSES SWayne Trial Under Way at Washington. TESTIMONY INTRODUCED Four Pensacola Citizens On
 the Stand. Counsel for Federal Judge Take Ex- ceptiOn to Questions PrOpOunded by House Managers as to
 Clients Residence.

not spent in executive session was given to the Swayne impeachment trial. Four witnesses were examined. All of them were from Pensacola and they were introduced for the purpose of showing that up to 1900 Judge Swayne had not acquired residence in his district in Florida
 During the proceeding the question of the right of the House managers to object to questions put to witnesses by senators was raised, but the pre- siding officer ruled that such objec- tions might be stated. The precedents quoted were to the effect that while questions by senators should be ad- mitted counsel could properly object to the admissibility of replies made to them.
 Immediately after the close of the routine morning business today the Senate, at 12:1S p. m., on motion Of Mir. Cullom went into executive ses- sion. In moving the session, Mir. Gull lom antagonized several senators who expressed a desire to transact other business. He said it was especially desirable that the consideration of the arbitration treaties be proceeded with and expressed a hope they might be disposed of today if an early start could be secured.
 The discussion in the Senate showed determination to stand hrm in re- gard to the prerogatives of the senate and to insist that the word treaty should be substituted for agreement in all of the transactions. which Is the crucial point of the contention be- tween the president and the Senate.
 The discussion which was character ized by expressions of the highest re- Fov fbp fnraRfdanf. xUaS along the line that the Senate could not if it would surrender its part of the treaty making power.
 Among the senators who took this decision today in addition to MF. l sp0vner were Messrs. Feraker and Lodge.
 senate's PrerOgative. The latter was especially firm in supporting the committee amendment and insisted that with all due regard to the president 1t was for the Senate to determine it's right and to support It's prerogatlves. Senator Foraker was no less emphatic in his declaration to the same effect.
 At 1855 the doors were reopened and at 2 o'clock, the Senate resumed the | impeachment proceedings against Judge Swayne. The respondent was again present and occupied a seat be- tween his attorneys, ex-Senators Hig- gins and Thurston.
 In the matter of the application for attachments to secure tho attendance of L. P. Paquet of New Orleans and J. II. Durkee of Florida as witnesses. the presiding officer stated that they had been communicated with and that MT. Durkee would come on condition | that he would have an attendant. MT. l Paquet replied through his wife that he was seriously Ill and could not att tend. Permission was given to B. s. Liddon of Florida, who had prepared ] the charges against Swayne. to sit with | the House managers. He said that Mrs. Annie F. Russell of Tyler, Tex, the first witness that was to have been called today was so nervous over ap- bearing before so august tribunal as the Senate that she had prevailed upon the managers to accept her deposition, which was accepted.
 It had been the intention of the man agers to proceed today with its in vestigation into the articles charging illegal collection for expenses, but the witnesses summoned on that point hav- | ing failed to arrive, the charges relat- | ing to Judge Swaynes failure to reside in his district in Florida were taken up.
 The Examination. The examination in chief was con ducted by Manager Perkins and the cross-examination by Senator Higgins. Questions were asked of the witnesses by the Senators as the case progressed. Tn each case they wrote their queries and sent them to the desk to be read. The first witness was A H. D'Alam- bert, tax collector of Escambia County, Florida. Hr. Hopkins was among the Senators who propounded the question as to whether a man can be a resident of that county without being a tax payer Manager Palmer objected that the question is one of law and not of fact. The objection was sustained by the presiding officer, but when MT. Lodge asked if objections on the part of the managers were to be allowed to cut off inquiries from Senators, the chair replied that objections would not be considered in the technical manner of the court. but that the managers would be allowed to raise objections in order to bring out the points. In order to save time. the objection was with drawn.
 Counsel for Judge swayne took ex- ception to many of the questions pro- pounded by the House managers con. cerning the residence Of their client. They contended that residence could be shown by following the Judge and his family in their movements and not by drawing out the opinions of wit nesses The chair excluded questions intended to bring out opinions on the point of residence.
 The next two witnesses were W. H. Northup. postmaster at Pensacola, at whose house in that city Judge Swayne stopped at various times, and Hardy E. Graham, clerk in the hotel there. where the Judge also stopped. While Mir. Graham was testifying, the chair asked the attorneys to use as little cir oumlocution as possible. saying that the time of the Senate is too pressing to permit of unnecessary delays.
 The last witness of the day was J. Emmett Wolfe. an attorney of Pensa- cola. He concluded at 4:2T D. m.