Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-02-03
Judge Swayne's Answer Read
to the Senate.
IMPEACHMENT COURT
JUSTIFIES THE ACTS
OF WHICH He IS ACCUSED.
Document Read by One of Defendants
Attorneys, but He Failed to
Appear Himself. .

The impea chment proceedings in the case
of Charles SwayRe. a judge OF the Uniteo
States in and for the northern district OF
Florida, were quite as attractive to the gen.
eral public today as they were on the last
occasion when the Senate assembled as a
body of jurors to begin proceedings in the
matter.
The galleries of the Senate were nearly
all filed. and the senator's private gallery
was occupied by many ladies notable in the
social world of the capital.
The marble room was filled with chairs,
which provided seats for ninety senators in
case they should desire to hold private
consultation. During these proceedings
whenever the Senate desires to discuss the
impeachment trial it will not do so in the
Senate chamber in the presence of the man
ayers for the House of Representatives.. but
will take the same course that judges or a
jury would take. 1t will retire on such oc-
casOnS end discuss the matter privately.
Every Seat Filled.
The Senate again presented the unusual
appearance of having practically every
seat in the chamber occupied. Only few
senators were absent, and those who arc
not accustomed to being In their seats ex-
cept on occasions when they have particu.
lar interest In the proceedings were. all
there. They listened with an attention to
the reading of the reply of the defendant
in the impeachment proceedings that Is
seldom witnessed.
The reply of the defendant was read by
former Senator Thurston. whose acquaint-
ance in the Senate is very extensive. For
mer Senator Higgins sat by Mr.. Thurston's
side during the reading of this reply, which
was very long and tedious.
Promptly at 1870 o'clock the Senate re-
solved itself into an Impeachment court.
Tt4- t%O k.nf- vyv,c hn6 on1n t.a
customary announcement regarding the ne
ceSsity of silence on penalty of imprison-
ment, and the trial oath had been admin
istered to Senators Quarles Culberson and
Foster of Washington. the managers on the
part of the House and Judge Swayne's
counsel were shown to their seats inside
the Senate bar.
Judge Swayne's Answer.
The order for the day included only The
answer of Judge Swayne to the accusa
tons of the House. and this was pre-
scented by former Senators Higgins and
Thurston, on behalf of the respondent, who
again failed to appear in person. AS soon
as the preliminarieS were completed Mr..
Bacon, on behalf Of the Senate committee,
presented an order. which was unanimous
~ adopted, providing that in all matters
of procedure the House managers and the
defendants counsel may submit requests
to the presiding officer verbally, or, If re-
quired. in writing; senators cannot engage
in colloquy or address the managers or
defendants counsel. but all remarks shall
be addressed to the presiding officer.
Mr.. Thurston read Judge Swayne's an
swer, a typewriter document of fifty or
sixty pages. He took up the specifications
Of the charges in detail, contending that
they were not such should be taken
cognizance Of =. the Senate.
Judge Swayne.s Admissions.
Judge Swayne admitted that he had re-
eoi. de-
Tended his action In that regard. declaring
that he had full warrant for doing se-fHe
detailed at length how he had made an eff
fort to take up his residence within the
northern district of Florida after his dis
trice had been reduced in area. Pensacola
had formerly been in the northern district
of Florida. but the change in the district
had resulted in throwing" that district
farther to the north. leaving Pensacola in
the southern district.
This had made his district but. one-third
of the state and given it but one-fourth of
the business He had tried often to secure
a proper house within the northern dis
trict and being unable to do SO was the
only reason for his continuing to reside
at Pensacola.
He described how he and his family had
gone to Delaware during the summer to
live with his parents and how one summer
they had all gone to Europe But he de-
clared this had not interfered with his
official duties.
Use of Private Car.
Judge S~ayne asserted that no expense
was incurred by the use of the private car
of the Jacksonville, Tampa and Key West
railroad He also denied that he failed to
establish residence in his district in Flor
ida.
Judge Swayne justified his action in COM
mitting L. T. Davis for contempt of court
as a public duty. He denied that he held
an interest in the Florida McGuiar case.
and said that the attempt to involve him in
1t was a conspiracy on the part of three
lawyers for the purpose of thwarting JUS
tice.
Judge Swayue also justifes his act in
filming and sending to prison Attorneys Sam
uel Beldin ana E. T Davis.
He also justified his punishment of w. c.
O'Neal for contempt, as O Meal had made
n murderous assault upon q trustee in
bankruptcy appointed by Judge Swayne.
The, Senate's Order.
The Senate ordered that the replica ton
for other pleading of the managers of the
House shall be made to the Senate on the
9th instant at O'Clock in the afternoon.
Mr.. Thurston proposed that his client be
permitted to attach to his answer to the
first count in the impeachment proceedings
such certificates of expenses as he may Sc
cure from the Secretary of the Treasury
hereafter.
Senator Bailey thought that such addi-
tional matter would probably come in al
evidence, and that the completion of the
answer should not be delayed for it,
Mr.. Palmer on behalf of the House man.
ayers stated that until the reply of the
defendant is complete they could not an
swer to it. and for that reason he wanted
the time for the filing of these certificates
limited.
Mr. Thurston said that II this action was
regarded as tending to delay the proceed
ings he would withdraw his motion. and
did so.
The reading of the answer occupied about
two hours. February was fixed as the
time when all preliminary pleadings shall
be presented, and February 10 as the date
of the beginning of the regular trial.
At $50 the Senate resumed legislative
business, and the statehood bill was taken
up.