The French Broad hustler. [volume] (Hendersonville, N.C.) 1896-1912, 1905-03-02

Washington, Specialize Senate
Monday concluded the impeachment
trial of Judge Swayne by acquitting
him IN all the charges made against
him in the articles Of impeachment
presented by the House. The voting on
the Swayne case began at 1910, 20
minutes after the Senate convened, and
continued until 11:45. There was no
discussion, and all the time was con-
sumed in taking the IL votes necessary
to dispose of each of the articles. The
highest vote for impeachment was 35,
and the lowest against it, At. On the
two articles charging the use of private
railroad cars, only 13 votes were cast
for conviction. The larger votes were
largely along party lines.
Judge Swayne was not in the Sen
ate during the roll-calls, but 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 attended during
the proceedings. When the first article
was read, charging Judge Swayne with
making a false certificate for expenses
while holding court at Waco. Texas,
the presiding officer said: Senators,
how say you, is the respondent, Charles
Swayne, guilty or not guilty as charged
in this artic1e?" The calling of the roll
by the secretary was then begun. The
first Senator to rise in response to the
III NJ. AJ~a- who uOtn6 Hnnf
guilty. in clear and distinct ones. Mr..
Bacon was the first Democratic Sena-
tor on the roll, and likewise the first to
answer in the affirmative, finding Judge
Swayne guilty. The vote throughout
was largely partisan, and stood 80 to
40. The Senators who voted guilty
were: Bacon, Bailey, Bard, Bate, Ber-
nv, Blackburn, Carmack, Clark, OF
Montana; Clay, Cockrell, Culberson,
Daniel, Foster, of Louisiana; German,
Kittredge, Lattimer, McCreary, Nc
Cumber, McEnery, McLaurin, Mallory,
Martin, Money, Morgan, NeWlands,
Overman, Patterson, Pettus, Simmons,
Stone, Taliaferro and Teller-33. Under
the rule requiring a tWO-thlrds vote TO
convict, So votes in the affirmative
would have been necessary to convict.
AS this vote was almost reversed, Judge
Swayne was pronounced to be not gull
ty. The chair announced this to be the
result.
The reading and voting upon the
other articles followed in rapid sue
cession. The second charge was that
of an excessive charge for expenses
while holding court at Tyler, Texas.
The proceeding in this case was an eX-
act counterpart Of that on the hrst
article, and the result was 81 for CON
viction to so for acquittal. The third
charge also related to excessive ex-
n charges at Tyler, Texas, and the
vote was identical with the vote on the
second article-32 to so. The fourth
and fifth articles related to the use OF
private cars. There were only Ii VOTES
of guilty on them, as follows: Bailey,
! Berry, Blackburn, Carmack, Cockrell,
Culberson, Daniel, McLaurin, Martin,
Money, Morgan, Newlands, Pettus, AL
| ans, Sixty-nine Senators voted for. &C
quittal. On the sixth charge, that OF
non-residence by Judge Swayne in his
district, the vote was 81 to 81. On the
seventh article, relating to residence,
the vote was 10 for conviction to 63
against. The affirmative vote was as
follows: Bate, Berry, Blackburn, Car
mack, Clark, of Montana; COckrell,
Daniel. Dubois, Gibson, Lattimer, NC
Creary, McEnery, McLaurin, Mallory,
Martin, Money, Morgan, Pettus n
Taliaferro-19. The vote on the eighth,
ninth, tenth and eleventh articles, COW
ering the contempt cases Of Davis and
Belden, was 81 to 81. The twelfth ar
ticle was the last. 1t dealt with the con
duct OF Judge Swayne in furnishing w.
C.. O'Neal for contempt in ~assaulting a
trustee in bankruptcy appointed by
him. On the final vote, the result was
35 for guilty to Al for not guilty, the
largest vote given for conviction.
The result on this vote being an
nounced, and with it the entire verdict
as%certained, the chair directed the sec
rotary to enter an order OF acqu1ttal on
all the articles. This being done the
long and tedious proceeding came to an
end. .