The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-02-12
SWAYNE IMPEACHMENT TRIAL
SENATE GiILERTES CPOU DIED
WITH SPECTATORS.

ate corridors to-day from 1920 until ?
O'Clock while the nate vas in executive
session Tne Impeachment trial OF judge
Charles Swayne called for O'clock, was
the attraction. At ~ thu doors w,rs
opened, and those waiting crowded up the
marble stairways and tumbled into ths re-
served and public galleries. BY o'clock
the sc1ts vera all taken and late corners
stood gazing longingy through tho glass
doors.
Mr.. Piatt Of Come cticut took the chair
the proclamation commanding silence was
made, the House managers appeared and
the journal was read Judge Swayne and
his counsel entered the chamber.
The Chair presented kilograms from
Joseph II. Durkee OF Jacksonville, Fla
and Mrs. Louis p Paqu"t OF New orleans
relative 10 the subpSrnas issued for the
appearance Of Durkee and Paquet' Dur
kee reported that he would come II allowed
an attenaant. subpoena was Issued Tor
the attendant and Durkee was directed 70
come to Washington Mrs. Paquet Tor
warded physician = certificate 70 the eHect
hat Paquet was SICK ana unable TO leave
MS room
Manager Palmer asked that u, >. Lidd1n
Of Pensacola counsel for the protestants
against S,yovne he rertnitted to enter the
49,. f,,.,,,,t,,, a,,, 80, tho r,ansgars
"na'c NH"ui"l an" "''l9' '''0 -
inns PERMISSION WIS Biahteu'
deposition of Mrs Annie +. Russell
~ Tyler. Tex. was admitted II was TO
tho eFect that ,Iudpe Syyavne staved Mt
ber house from Ian - 10 Feb. ia 1904 AT
=. ''',-ro 'i0 '' ''l'i ~
lyler' Tex. ana pald 81 20 Gay lot MS
board and lodging. Her house was block
from the Court House. and Judge Swayne
ALWAYS ,vsllted This Testimony was Of
raraj =, - ,ta, Id Sn,o,,,o bod
teiou 10 lIo1e ',"e Ing ""ay ~ ''au
falsely certhed MS expenses "heh ne
charged SO a day
There being no further witnesses present
90 ,as,if,, ~, no ar, H. raoartic,as Napagar
n,s''9.' ~ w. W. 80 -t-a.se..
FArS'hS TOOK charge Oh ''e eAaliii,alioh
OF witnesses on the question Of Judge
Swayne's residence within his district in
Florida
II D,.t r
a. a. - IIealoer1' ,aN Coi'cIo, OF RS
NaIh.a county %. W'l.en ehSaco'a - 'ne
county seat testified that no tax was as
-essed against or collected from Charles
,;,yo,,,a La,uea,, 1901 md ,ooo Tho frat
..tio.,.,, -, g., ~, -, an =
"a 'O''eO''N i''ii '"" ',e was VI 'I''' -
1902, on twenty vacant lots IN Pensacola
The property was assessed against benja-
min Hilton Of East Orange, y j, hrt the
assessment was made the next year gainst
l.. c. Swayne. The witness testified that a.
no time between 1890 and 1903 Was Judge
Swayne entitled to vote in Escami IA county.
On Contamination the witness testi-
fed that Il. c. Swayne" was Lydia c.
Swnyne. sluposed to be Mrs Charles
Swayne' Taxes had been regularly paid
by Judge SwaYne on this property Other
property. a house and lot. was assessed
a gainst Mrs Swayne for the first time in
1906
In response to question by Senator
Cuberson, tie witness said that Judge
Swayne had not voted in F=cambs county
Senator Hopkins submitted the question:
Cannot man be resident OF the county
without being a taxpayer2"
Manager Palmer objected TO this ques-
ton "A being question of law and not Of
fact. Under the rule We understand we
can obiect TO Il question even If asked by a
Senator.
The presiding officer suggested that the
question was improper as being question
of law.
Senator Lodge asked If II was 10 be the
rule that the managers or respondent
could object 10 questions pTopOunded
by Senators acting as Judges.
The presiding officer replied that he
would not attempt to make a sweeping
or irreyer-ible ruling on that question.
Manager Palmer withdrew his objection,
and the witness replied in the affirmative.
Was Judge Swayne TO your knowledge
a resident OF Escambia county during the
years 1900 TO 1882
Objection was made Ivy Mr. Higgins TO
this question. but the witnese was directed
TO answer
10 my knowledge he was not, he re-
led.
Manager Palmer cited a precedent in the
impeachment case Of President johnson,
in which Chief Justice Chase ruled that the
House managers had right TO object to
questions asked by Senators.
William II. Northup. postmaster at
Pensacola testified that Judge Swayne
boarded at his house while holding court
at Pensacola before 1896 He usually ar
rived the night before court opened and
left a. soon as the court adjourned. He
paid only for the time he occupied a room
and left no personal effects there In 1902
or 1912 Judge Swaync bought a one story
hou-. in Pensacola. Witness said Judge
Sway ne gave his uddr,ss as Guyoncourt
Del. in 1893 or 1891. when ne left Pensacola
and in 1900 he gave his address as VIII
rnington. Del
Before discrimination Was begun
Senator Foraker read an extract from the
r,cort of the johnson ifnpcachnent trial.
showing that Chief Justice Chase had ruled
that neither the managers on the part of
the House nor tho counsel could object
to questions submitted bv members of the
Senate but could discuss the Misunderstanding
OF evidence given in answer TO such oues
tions Mir Foraker also road tho senate
rtilo Ci,,fi,g that written ctinatior,s s,,I