The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-02-11
JUDGE SWAYNE'S TRIAL BEGUN
N4N4GER PALMER RECITES THE
NATURE or TINE On tRGES.
Hc SAYS Swaynes Expenses While Holding
Court In Texas We're Less Than one
third the Amount He. Ccrtined TO
and Receiy cd-Wrongful Use Of Power.

WAsHlNdroS Feh. 1O.-The actual trial
of Judge Charles Swayne for high crimes
and msdemeanors was begun to-day by
the Senate sitting as a court OF impeach-
ment II was ordered that the daily SEES
sions should be from to O'Clock. and the
trial will now proceed without interruption
until concluded After the opening state
ment of the House managers three wit
nesses we're examined as to the actual eX-
penses incurred by Judge Swayne while
holding court in Texas, IT being charged
that in certifying to and obtaining $40 a
day from the United States he violated
the law About 1875 witnesses have been
suhppnaed for the prosecution and re-
spondent and many of them are in attend
ance
Judge Swayne personally appeared IN
the senate. sitting between his counsel
former senator Anthony Higgins and
former senator John NJ. 1hurston. The
Judge ia n man If quiet demeanor. of IN =
dunn height and weight His hair is sprin-
klcd with gray and his mustache and pointed
chin beard are white. His eyes are deep
set and hidden bennd old fashioned spec
tacles.
Manager Palmer asked the clerk to read
the resolutions unanimously adopted by
the Legislature OF Florida. charging Judge
Swavne with corruption, Ignorance and IN
competency. and demanding his impeach-
meni Manager Palmer made an opening
statement reciting the nature OF the charges
against Judge Swaync. he said
He has for his trier- picked men, men
learned in the law and wise statesmen,
who according TO the oath they nave
taken. will do impartial Justice according
TO the Constitution and the laws. ne
people of the United States have perfect
r.pt{dapca TINT this rnsDOQdpnl Will ba
fairly tired. and that If guilty nothing under
ucath the shining stars VIII prevent MN
from going uuwhipped Of justice, ana
that if innocent nothing Will prevent ms
safe deiVeranCa.
Mr. Palmer said that the actual expenses
Of Judge Swayne while holding court IN
Texas we're legs than one-thlrd the amount
certified to by him and received from the
United States.
'Gbe respondents claim that other Judges
collected $40 day under the same con-
strtiction OF the law a. to -reasona BILE eX-
panSes' counted for nothing SAID Man
ager Palmer, unless it could be shown
that the-e Judges collected $40 a day while
actually expanding less Treasury certih-
Gates Of these Judges were worthless with
out evidence a. to the facts behind them.
The answer of Judge Swayne that he
did not collect this $40 "A day with criminal
intent was said Manager Palmer, COM
mon defence Of criminals caught IN wrong
doing A. the plea of common criminal
il was absurd and as the plea of n Judge
supposed to be learned in the law 1t was
contemplate.
Manager Palmer proceeded 10 discuss
the use OF II private car by Judge Swayne.
and began to quote from Swayne'S tcst-
mony before the House committee. Mr-
Thurston objected 10 the use o. Judge
Swayne'- testimony against him IN crln-
nal prosecution as "A violation OF law
The presiding officer suggested that u be
Oh nd
TO other points. His language IN condem-
ing Judge Swayne for accepting Tree trans
portation from the railroad compay under
hi4 control was savage in the extreme
In referring to the charge that Judge
Swavne had not established his residence
in his district, Manager Palmer quoted
from Judge Swayne. and was interrupted
by MIR Higgins who protested that the
use of Judge Swayne's testimony against
him was a violation OF the statute and,
further, that the quotation was shame
fully CARRIED statement Of what Judge
Swayne had said
The presiding officer admonished Man
nper Palmer that he should contine his re-
marks TO a statement Of what he proposed
"Air President this il a abatement Of
what we expected 90 prove replied Mr.
Palmer. and If it is unpleasant 10 counsel
for The respondent We cannot help it,
Mr. Palmer made a long statement on
Swayne in Furnishing Davis. Beden and
y Neal for contempt OF court. H. insisted
that Swayne had acted in violation Of the
act Of March 3. 1891. defining the powers
Of the United States District Judges in con-
tempt cases.
Al the end Of Manager Palmer's statement
Manager Olmsted put into the record Judge
Swayne's commission sundry statutes he
is accused Of having violated. the record il
cases before his court involved III this trial
and official copies Of his certificates OF OK :
penses and receipts therefor Mr. Olmsted
then called Payne w Chase to testify.
Mr. Bailey suggested that testimony was
unnecessary on the question of expenses
alleged 10 have been certified to and col
leCtpd by Judge Swnvne as il was a mere
matter Of law TO he decided by the Senate
Manager Olmsted replied that the testi-
mony would prove that Judge Swayue had
signed false certificates and that his eK-
penses we're actually much less than the
sums he had co elected from the Uuited
States Unless Judge Swayne would &C
knowledge that his expenses were actually
less than the sums charged. testimony as
to The facts would be insisted upon
The presiding officer ruled that testi-
mony should he taken.
PAYNE W. Chase. clerk Of the National
/ Hotel at Tyler Tex. testified that Judge
/ Swayne was guest Of the hotel from Dec. 3
3 to Dec. %. 1900: that the National was the
( best hotel in Tyler laughter and that
& Judge NNhNlle HNdNttl Alltlf ANtill N-~iA anu
I a quarter DAYS his bin being s5s.5j.
Mrs Susan /. Downs Of Waco. Tex,
/ testified that she kept a boarding house
+ where Judge Swayne stayed in April, 1897.
She charged him either so or t45 a month.
/ not 20 exceed $50 II was during this period.
I il i alleged that Judge Swayne held court
az Waco.
/ Senator Daniel submitted this question
( in writing as required by the rule What
. did your bill include-board and lodging,
or other items?-
1t included everything replied Mrs.
Downs.
Manager Olmsted said that other wit
ncsses had failed 70 appear. and that tho
managers had nothing further to offer to-
day
The respondents counsel asked for an
attachment against Louis p. Paquet Of
New Orleans a witness who advised the
-crgeant-at-arns that he was suffering
from grip and unable to appear. The
motion wa deferred for the time being
Thereupon. at $40. the Senate as q court
adjourned until p. NJ Tomorrow I'm
mediately afterward the Senate Went into
arpfaIftNp session