New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-03-25
THE COURTS.
DEFENSE.

RI osE OF THE CASE FOR THE PRosEcUHoS-
CHARGES OF CONSPIRACY MADE BY ExJuoGe
FULLERTON. .--. aau 80
The trial of ex-Bank Examiner Charies Cal
,endar for accepting bribe for reporting ia'oraSp
mon tho condition of the Ocean National Bank was re-
,m.d vesterday IN the United States Crcait Court,
hefore Judge Benedict. Mr.. Stevenson was recalled
and he identified the statementbook OF the oank iro
August, 1857, to April 1911 ExJndge Fullerton 'nen
gave notice that when the proper time came he "o"'u
offer the evidence for tho defense, anu urc"
from the witness the following on the crossexamins
Non when the Ocean National Bank loaned Calendar
onov IN Portage Lake bonds, supposed that they
oud soon Increase In value; Mr. Davis was the ator
n,y of the bank from time OF ts robbery I'LL IL
failed when no was appointed Its receiver
H. AsKin who was President OF tho Fourth NATIONS"
Rank OF Philadelphia when it went into hquidaton'
testified IN substances: never as PRESIDENT Oh ina.
bank loaned Calendar any money, but nave been tou
that he borrowed money from the bank; think thar
ths loaned him money and don't know
where he be found Calendar once oa INC mat LUZ
other pei sons he had obtained $4,000 IRON tue oanh'
he gave as security the notes OF Wild, Conaht TO-,
and some Portage Lake bonds; the money was piid
back to the bank, but palu IL IL" us,o ''''A' Wv
bank closed Its business.
Tho crease xam nation ected nothing new, ana L. NJ
Davis the receiver of the National Bank testhed
to the effect that when Calendar hypotnoca'eu 'o
Portage Lake bonds, they were Worthless oecause my
were not liens upon anything. Ex-Juige f1ber'on wv
iected to the Witness legal opinion on ens ana
that he should confne himself to facts Judge benco'
40 ruled and Mr.. Davis said he knew that tue bonus ~
ouestion were not liens upon the canal mentioned IN
them because such canal was In existence lne cahai
referred to Portage Lake and Lake superior onp
Canal and 1t described In the bonds as peing 20 o'
I'm length when it H. was claimed by the prosecuo
only two miles longl Mr.. Davis also testhed 'has 'o
| Portage Lake and Lake Superior Snip Canai' h'n-
road and Iron Company had title to the Miehi{an
lands mentioned In the Portage Lake ponus, "nu '
% py Sere atiemoted TO prove that the bonds
were an overissue but exJudge Fuier.oh Iii CT.
that the alleged overssuo had nothing TO 90 Win
endar's transactions in October 1871 was sus.ltou,
and he remarked that the bonds had been W.
for the purpose eorroborsed National Bank Examosr
Megss statement as to the insolvency, Wy @ and laid
that he found in bank certain documents gong t
show that Calendar had examined iS eohd.o1 t g hos
day On the crossexamination. MT Davis salu tna. hs
Snov,edge respecting title to the lands IN question:
was derived from tue records ana qua. vo fron no
ferred to in the Portage LlA' D0"u'
j. NJ Crane cashier OF the shoe ana % en- that
testified that in October, 1871 Caendars enech gu
$4,000 not good GA , an1 opsd the bank
ton Mr. Crane said that Mr. DAVIS a1 orgase Portage
30 cents on tho dollar for the hrst moi s'toJ W
IoEe bonds but that the offer was not aceep'eu.i
;, si ntoSer 1sr Caiend check on taat
bank for 5000 was not good; anu h Az lI"niar's
" ,t hank for s5 OOJ was not good about OCT g.
| ISL II appeared, however, that MS cneoA' iOi '
Mr PURIFY then rested the for the prosecution
without examining Frank L. Tantor tue dedG ~ MI
cashier OF the Atlantic Natlon bann, oo victed of a
whether under the statute ne a %a his testimony
| would il admitted, uyaBi' e the whole trial.
THE DEFENSE OPENED.
Tn the course Of his nng for the defense exJudge
Fullerton after reciting the charges IN the indictment
AGAINST Calendar and reading the statute under when
he was indicted with the defining the duties OF
| hank examiner, spoke substantially as follows:
tiopa With tha
mentioned by the witnesses for the prosecution inc Jury
ns nothing 10 do unless 1t shall appear from them tha
calendar intended receive brides In MS capacy rs
bank examiner; and unless IL DC bho"n 1nat IN
| criminal intent. he received money from tue Ucean
| NaIional Bank, this Indictment must faH 70
the ground and he must be acquitted. ~ wiz wiz
appear from tho testimony 70 ,ioD, o1 securi
ties for the money he borrowed from the ocean
National Bank. aud from other banks we're g10d "heh
they were glyen even ~ tsy o nIu reces s. day
The law must intend, then, that ne wOuiu ehHds III
other business lie did engage In other business ana IN
carving he borrowed money from the banks ABOUT
| which YOU have heard much. The Portage Lake
bonds upon which the prosecution has lad 50 great
stress "haye deprecated or an attempt mas Deen
made 10 deprecate them that certain persons might
buy them I'm and make large proht oy the
In fact this prosecution IS conspiracy see On lVe y
Theodore NJ DAVIS, the receiver or the ocean Ntlha
Rank for the benet himself and his cO-cOnsplr1tOrF
ana the the Government has been invoked 70 as
in carving on the conspiracy BEFORE lt can o. sue
cessfu client must be put out OIL INC "ay' anu 'au
! T. all there Is OF TINS case
Tho first witness for the defense was ". L. Avery,
director OF Portage Lake and Lake Superior snip
! Canal Railroad and Iron Company He testified TO the
effect that in June 1871 Calendar conyersed with MIN
about the property o"ned ny me company tne &
cess that from the representations then made, Calen-
dar supposed Portage Lake bonds were COOL sec
rites for money loaned The Court then ADJOURNED th