The Penn's Grove record., 1905-03-03
JUDGE SWAYNE ACQUITTED
Florida Federal Judge Cleared of All
Charges Brought Against Him.
Accusations of Certifying False Expenses
Dismissed by Majority of Sixteen-/
Senate Chamber Crowded.

Washington, D. C.-The voting on the
impeachment case of Judge Charles
Swayne, District Judge for the North
ern District of Florida, began at 1910
a. m. IN the first article, which charged
Swayne with certifying a false claim
for expenses. The vote was: Guilty,
33; not guilty, 40.
The detailed vote on the first article
follows:
Guilty = Bacon, Bailey, Bard, Bate,
Berry, Blackburn, Carmack, Clark
(MOntana), Clay, Cockrell, Culberson,
Daniel, Foster Uouisiana), German,
Kittredge, Latimer, McCreary, Nc
Cumber, McInerney, McLaurin, NAL
lory, Martin, Money, Morgan, Nelson,
Newlands, Overman, Patterson, Pettus,
Simmons, Stone, Taliaferro, Teller-33.
Not ~Guilty-Alger, Alice. Allison, An
keny, Ball, Beveridge, Durham, Bur-
rows, Clapp, Clark (Wyo.), Crane, Gull
lom, Depew, Dick, Dietrich, Dilling-
ham, Dolliver, Dryden, Dubois, Elkins,
Fairbanks, Foraker, Foster Wash.),
Frye, Fulton, Gallinger, Gamble, Glib
son, Hale, H~ansbrough, Hepburn, Hop
kins, Kean, Kearns, Lodge, Long, Nc
Comas, Willard, Penrose, Perkins, Platt
Comm, Plat IN. ", Proctor, Quarles,
Scott, Smoot, Spooner, Stewart, War
rane-49.
The vote on the second and third
articles, which consist of similar
charges, resulted in each case 80 guilty,
80 not guilty.
Clarke of Montana voted not guilty
on the second and third articles, and
this was the only change from the first.
The fourth article related to Swayne's
use of a private car belonging to the
Jacksonville, Tampa and Key West
Railroad Company. The vote resulted
guilty, 10; not guilty, 60.
The Senators who voted guilty on the
fourth article were: Bailey, Berry,
Blackburn, Carmack, Cockrell, Culber-
son, Daniel, McLaurin, Martin, Money,
Morgan, Newlands and Pettus.
The fifth charge was similar to the
fourth, and the vote was the same as
on the fourth.
The sixth article charged Judge
Swayne with non-residence in the dis
trict. The vote was guilty, 81, not
guilty, 81.
On the sixth article the vote was the
same as on the second and third, ex-
cept the votes of Dubois and Gibson,
which were for conviction, for the first
time, of Clark (Mont.) who voted for
conviction, and of Kittredge, who was
for acquittal.
The seventh article was similar to
the sixth, and the vote was 10 guilty,
63 not guilty.
The eighth article related to the con-
tempt cas- of e. L. Davis, and was
disposed of by a vote of guilty, 81; not
guilty, 81.
On the ninth article the vote was:
Guilty, 81: not guilty, 81.
Article 10 referred to the contempt
case of Simeon Belden, and the vote
was: Guilty, 81; not guilty, 81.
Article IL was similar to article 10,
and the vote was the same.
The twelfth article was the last. 1t
dealt with the conduct of Judge
Swayne in Furnishing W. G. O'Neal for
contempt in assaulting a trustee in
bankruptcy appointed by him.
On none of the articles was there
even a majority for conviction, al
though it required two-thirds to con-
Wet. The closest vote was on the last
article, the contempt case of w. G.
O'Neal, when So Senators voted guilty
and Al not guilty, while on two articles
only ID Senators voted for conviction.
At the conclusion Of the voting the
presiding officer directed the Secretary
to enter an acquittal upon the record,
and the impeachment court then adj
journed without delay.
Judge Swayne was not in the Senate
during the roll calls, but stayed in the
Presidents room just back of the
chamber. The result of each ballot
was sent to him by his attorneys. Five
of the House managers of the impeach-
men prosecution attended during the
proceedings.