New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-03-17
TRIAL OF A BANK EXAMINER.

TRIAL OF BANK EXAMINER.
cIRCrJmsT.NrIAL EVIDENCE AGAINST CALENDAR
HIS REPORT on THE OCEAN NATIONAL BANK
LOANS TO HIM on WORTHLESS CHECKS.
In the United States Circuit Court, yestcr-
day. criminal side, Judge Benedict presiding the WORK
Of inpaneinG jury resumed IN the case OF exbnK
Examiner Charles Calendar indicted for accepting
brbe Of $4,000 for reporting favoraby upon the condi-
tion of the Ocean Ma oual Bank when he knew that
IL was hopelessly insolvent." In addition to the nine
Jurors sworn Friday, three more were obtained
from the new panel. The jury stands az follows: d. l.
warning, w. II. Hunter g. g. Godfrey, Il. l." Ferry j.
j. Foster 9. G. Rush. c. X. Randall d. W. valentine
Richard Armstrong G. b. Ferris. Abraham Harms, and
W. Ii. Gardner.
In his opening remarks Assistant United States Dis
trict-Attorney Pnrdy who conducts the prosecution
spoke substantially follows public officer Is rarely
tried for the OF accepting bride, because 1t 50
very difficult prove tho facts necessary to make out
case against him, aud IL Is safe 10 say that direct PROOF
OF the corrupt contract is impossible We can, however,
arrive at truth from the circumstances which sur
round transaction Hence long ago the law allowed
what is known rs circumsautal evidence or evidence
which raises a presumption from which there Is no
escape Now we shall show that Calendar. as bank
examiner, entered upon the important WORK OF eNanl-
ing the AT hrs the ocean National Bank OF this city,
and mat it was his duty to make truthful report of the
condition of its business; buJ that instead OF making
and fraudulent We shall prove that he made an
examination of the financial condition OF that
bank on or about sept 1915 that 1t was then hope
lessly iDsolvent, aud that if Caendar had truly re-
ported upon IT, it would have Immediately closed IT'S
DOORS and by doing would have Afforded protection 10
the property Of many who had deposited Their money IN
it, II will also appear that Calendar received sG0OO for
making his Incorrect false, and fraudulent report on the
financial condition of the bank or course, IL will be
impossible 10 produce "A witness who will acknowledge
his own guilty connection with the Affair." but facts
which carry conviction with them VIII be presented IL
will appear from the evidence that ut The time Calendar
made the report in question: lie obtained from the bank
n loan of $4,000 and that he security for II
nothing but paper which had not. has not now. and
never will have any value whatever. The paper re-
ferred to is some OF CALENDARS worthless checks and
having secured that Of money, and conccang the
transaction the directors and stockholders OF the
bank he pu those checks into IT, ana caused them to be
counted as legal tenders. lie certified over his
own Signature that the bank had on hand,
in legal tenders Sji6333 when he well knew That IN "a
certifying, he lied, of that SUN there was included,
instead of legal tenders his bogus check for $4,000
At the same tme he certified that the bank was In
prosperous condition, when he well knew thai 10 was
hopeessy insovcnt. After certifying that the bank
had on hand legal tenders S5G3s hc went on to say
'Tbe mos; gratifying aud satisfactory progress is evil
dent IN all its branches Entire harmony and earnest
work ON the part of all concerned viii make the bank
grand success and place it among or soundest
institutions" That Is the statement Calendar made
to the officers stockholders OF the bank which he
knew to be insolvent and for making that statement
we claim that be received bTibe OF $1,000 from tho
bank. It will appear too, from the evidence II We are
allowed to introduce it, that Calendar received over
$4,000 from certain other banks III TINS CITY TOT report
ing favorably upon their affairs. II, $500,
the following is the substance Of his testimony In
January, 1871, was a stOchhoder ana depOstoT III
the Ocean National Bank; previous 10 mat time had
Tho aft of hp L., II,
requested Calendar to examine. ohiclaiy Tue AFFAIRS
Ge S made ne the S report he did not me that he
owed the bank any Ing and did not know that he
me-, was verv good and that is Why applied to him
Cross-exainined by Judge Fullerton counsel for the
defense-I asked tClendar t. examine the condition
Of the bank for and did not request him TO make
report concerning 1t TO he t OF When o he
afteTward put in writing; could identity the report
d. Bishop Testified that he was the bookkeeper of
the ocean National Bank oct l. 1871 and that state
me Mt condition OF the affairs OF that bank Was Ia
CALENDARS handwriting except note at me bottom
which was Ia his own handwriting. MI Purdy ihen
offered 70 Introduce the statement as Syenee ana sA
Judge Fullerton objected ON the Gronhd tnat ~ was
non Offcia" CaleGdar "haYlug made III merely Tor
the iustcaon OF Judge Fancher aud not for the use
of the Controller OF the Currency Aer further discus
SION Judge Benedict said that he would allow the state
reserving all of Calendars rights under IT, Inc cross.
examination developed nothing new, ana MI. fuIuy
dSaS ct ny ISL the affairs of the ocean National Bank
were "a very prosperous condition. and that hau on
Ia IDS
t6en recalled and ne Identified the statement Ms the
one which Calendar had made TO him - -,
5. Stevenson testified that IN Octooer i5l ne wa
the!Presdent Of the ocean National Bank that In sep
euiber or October OF that year Calendar inside nm ex
OF the affairs of that bank. and That about
that time Calendar had some money transactions WIN
H. He obtained" said the witness, some loans from
IT, but don't Know the aggregate amount OF mem,
Several Of CALENDARS c0ecks were SHOWN 10 the VIII
ness and he identified Them, and said that they were
counted cash by the teller OF the BANK Inc cheeks
amounted about $1,000 and were on numerous banks
In this city 1t also appeared from the testimony OF MI
Stevenson that the Ocean National Bank had loaned
about $4,000 TO Calendar on those checks ~ security
They were up in the indictment, ana Mr. Puruy pro-
posed Introduce other checks not 50 set up Tor the
purpose OF showing that Calender had obtained other
loans from the bank. EX-Judge Fullerton ob-
lected. and Mr.. Purdy stn pressing his point. point.
men could carry brought the courtroom when the
objection Withdrawn. Nj PuTdy then aDahuoned
the matter OF the and asked the witness the fol
lowing question: If Calendar had made true report
OF the condition of your bank would IL have endangered
ia eIistence The que tion was objected TO- and IN
snstaning the objection Judge Benedict said that the
witness could be questioned relative 10 the conhOn OF
the bank at the time referred To- Mr. stevenson then
stated that by the Chicago fire the bank had lost great
deal fund. but that its assets we're unim
paired. -. $780,. =.
loan A. don't know.
q At that time was it necessary TO count Calendars
checks as legal tenders in order 10 Keep up the reserve
fund required by l8wi A. IL wae.
O Then n they had not bsen 50 counted you would
have been Obliged TO report the reserve fund as below
O. Would you have loaned Calender the amounts you
did II he had DOT been bankensminerf A. am
Cross 1am ned-I don't know that Calender received
the money all Of his checks; bnt II he did not he
got the cashers cheek. which amounted 10 about tho
KIJudae FuIar ton,here sssed Mr.. Purly to produce
do 80 to-day Fullerton told him that he
would nsver blrbe TO produce II thai Calender had
psv& oss,sS9&Rs ~ owe WsAss Il We uORx on tse