The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-02-28

rcll. Culberson. Daniel MclAurln, Martin.
Money. Morgan Newlands and Pettus
On the filth article the result numer1-
cnlly was similar TO that on the fourth
This article charged Judge Swayne with
using q private car OF the same railroad
for a trip TO California
The sixth article charged Judge Swayne
with violation Of law in not changing hrB
residence to his district. as required by
Section 65l of the Royised Statutes. The
vote stood Guilty, 81, not guilty. 81. Tho
roll call was.
Guilty Bacon Bailey, Bard, BATE, Berry.
Clay. Cookrell, tulberson. Daniel. Dubois,
mer, McCrcary. McEnery, McialrIn Mallory,
Martin. Money, Morgnn NcwlandS over
man. Patterson Pettus. simmons. raliaicrro.
Not Guilty, Aiger. Alice. Allison Ankeny,
Eall, Beveridge, Burnham, Burrows. Clapp'
nn Clark n OF Myomini,gi Crane. Calon. ,Depew,
Eltins, Fairbanks Foraker. Foster of Nash
iireton,, Frye. fulton. Gallnser, Camille.
hearns., hlttr,dge. Lodge. Long. McComas.
Mo,fmber, Millard. Nelson. Penrose, Per-
gins, Plat OF to9necticut. Plat OF New
Stewart, Stone, Warren.
The seventh article bore ON the same
subject OF residence. cha oiHg that after
the creation Of the Northern District OF
Florida Judge Swayue did not acquire
-,
Jan. |, 1908. about nine years The roll
call stood: Guilty. 49, not guilty. GO.
The eighth article charged misbehavior
and high misdemeunor IN maliclously
and unlawfuly adjudgng f. T. Davis
guilty OF contempt Of court and imposing
Imprisonment upon him. The vote on this
article stood: Guilty 81, not guilty, 81,
The ninth article charging Judge
Swayne with knowingly violating the law
in adiudging Davis guilty of contempt
was disposed Of like the others. the vote
standing: Guilty 81: not guilty, 81. The
tenth article was the same as the eighth,
except that Simon Belden was the person
punished for contempt. The vote on this
article was 81 10 81.
The eleventh article charged that Judge
Swayne knowingly violated the law in
was also 81 TO 81. The last article charged
Judge Swayne with misbehavior and abuse
of judicial power and of high misdeneanor
in uniawfully and knowingly adjudging
". G. O'Neal guilty Of contempt of court
and committing him to p1son for sixty days
Judge Swayne was acquitted IS to A. The
Republicans voting guilty on the last
article We're Messrs. Bard. kittredge, Hans
brough, McCumber, Nelson and Quarles.
The Democrats voting not guilty were
Messrs. Gibson and Newlands
The preceding officer, following the
precedent IN tup Delhidp case, Icdb lHt
twenty-second rule. directing that IA judg
ment of acquittal be entered in case of
failure TO sustain any Of the articles of i'm
parchment The judgment was ordered
entered and was read by Secretary Bennett.
In a matter of fact tone Senator Fair
banks moved tina, the Senate, sitting as
court of Impeachment, adjourn without
day The motion was put and carried,
and the Swayne case passed into history.
The galleries were in great confusion, while
the greater part of the crowd retired.
Representative OmSteId one Of the
managers of the Swayne Impeachment.
offered an amendment 20 the Sundry Civil
bill in the House this evening making
plain the law relating to the allowances
of expenses for Judges holding court out
side their districts so that it will direct
the payment OF Sl0a day outright. irrespec-
tive Of the amount expended, but dozen
members INTERVIEWED with the point Of
order that it changed existing law, and
the amendment failed to receive consdera-
ton.
There was report to-day that Judge
Swavue had promised to resign if he we're
acquitted This wa denied authoritatively.
Judge Swayne does not intend to resign