The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1905-02-08
SWAYNE IN ANSWER JUSTI.
FIES HIS ACT.
Judges to Charge $40 Day for
Expenses.

/ GAPchsess
Especial to the World)
Washington, Feb. 3.-Proceedings preimi-
nary to the trial OF Judge Swayne were held
before the Senate In judicial session this afler-
noon. All the galleries were comfortably
filed. In the seats reserved for Senators and
their families sat among women OF high
position IN society.
disappointing the spectators. His counsel ex-
Senators Thurston and Higgins, presented
his answer 10 the twelve articles of lmpeach-
ment. He denied or explained all the
It was decided that the trial shall begin at
l o'clock Friday, Feb. IL. Counsel for Judge
SWayne are serionsly considering sub.
poem aing all the Federal Juuges In the United
States affected by the law permitting the
maximum collection OF $40 q day for expenses
when sitting away from their districts. There
are about oae hundred and fifty of these
judges, and 1t is alleged that nearly all
| nabltually charge $40 u day for expenses.
This is the chief complaint against Judge
ISWayne.
House ana counsel for Judge Swayne may
take all their own motions al the trial and
not be compelled to secure the good offices OF
Senator. The House managers were given
until o'clock, Feb. 9, to file their reply TO
Judge Swayne's answer. All subsequent
papers must be filed by Feb. 8.
1t was determined by the committee in
charge ofthe arrangements That 1t shall not
be in order for Senators TO hold colloquies or
10 address one another during the proceed
ings.
Printed copies Of Judge swayne's answer
Chairman @ nan Palmer, OF i1i the House SeI manaseps ]
carefully followed the reading OF the
document by Mr.. yhutston, which occupied
nearly two hours. ...r.
day for expenses Judge Swayne denied that
his conduct was contrary to law, as the allow.
ance was intended TO be fixed and definite.
He said that Judges generally have drawn
the full amount, and that up TO the beginning
OF the present proceeding he had not re.
ceived any int1mation from the auditing OFF,
GERS Of the Treasury Department or from
Others that his course was contrary, either TO
law or custom. >
The charge that In 1893 Judge Swayne ap-
propr1ated 10 his own use, railway car OF
The Jackson Vile, Tampa and Key West Rail-
way Company was denied. Judge Swayne
admitted The use OF the car, but asserted that
II was on the invitation or The receiver. He
declared that no expense was incurred by the
railroad on account OF his use Of the car.
Judge Swayne denied that he failed toes.
taolish residence in his district in Florida,
and said that he has resided In that State
since 1884 He admitted frequent absences on
account of visits 70 his family in Delaware,
the holding ofthe court elsewhere and because
OF q tour In Europe, but contended that there
has been no oftense to justify impeachment
The charge OF com mltting e. 7. Davis 10 jail
for contempt he justified aB public duty.
The charge that he e-presided in suit relating
TO zeal estate In Florida In which he was
interested Judge Swayne denied. He attri
buted this charge to b conspiracy on the part
Of three lawyers in the case for the purpose OF
securing delay and thwarting justice. He
admitted fining and ordering 10 PRISON Attor
neys Samuel Belden and X. 4. Davis on the
charge OF contempt and said his conduct was
justitiable, az was shown by the fact that the
sentence was .athr med by Judge Pardee, OF
the United States Circuit Court. -. ......
Judge Swayne also justified hls course In
punishiDg W. G. O'Neal, saying O'Neal had
made q murderous assault upon a trustee IN
bankruptcy appointed by him.