New-York tribune., 1874-06-01
THE COURTS.
THE CALENDAR TRIAL FRUITLESs.

THE CALENDAR TRIAL FRUITLESS.
DISAGREEMENT or THE SECOND JURY.
In the United States Circuit Court on Satur
day in closing his argument for the prosecution in the
Calendar case. Assistant United States DistrctAttor
ney Purdy said that he would abandon the count in the
Indictment charging Mr.. Calendar with accepting a
brbe Of $4,000 for reporting favOrabiy upon the cond
tian OF the Ocean National Bank, and rely for convic-
tion upon the alleging that he had received
bTibe for not reporting the condition OF that Bank to
the Controller Of the Currency when he should have
done
Judge Benedict then charged the jury substantially as
follows The public good Is ve object Of every trial like
this and in a city like New-York the punishment Of a
crime of Of the charged against this
prisoner is matter OF great Importance. The jury,
therefore, should nnd verdict without fear or affection,
and without regard the Interests OF private parties.
Tue charge OF bribery and IL il impossible for the
defendant 10 deny that ne made an examination of the
ocean National Bank oct. and ISL and that he
dd not report OF such examination 10 the Con
troer the Currency point made by the defense
that the statute does not require bank examiner 10
make written repert. but charge you, mat
ter of law. that. under the statute. 10 was the
duty OF the defendant 10 make written report
OF the condition OF the Ocean National
Bank the Controller OF the Currency II he received
money from hat bank with the understanding that he
wac not to report its condition, he II guilty" Now the
determined by the surrounding circumstances and II
they do warrant you In coming TO the conclusion
that he took tle mouey with corrupt intent. you must
aeGuit him" He had perfect right TO borrow money
from the Ocean National Bank, and from other Satona.
banks hut II nc borrowed the money with the under
standing hat to Influence his official action he
must I've convicted In determining question before
Yon you must ask Yourselves Calendars transac-
tions with those banks were sucn as innocent man
would nave engaged in aud you must " RENE mber.
also that the circumstances which will justify You
convictiug Calendar be wholly rroconcilaDle Iih
any other theory but that Of his guilt"
EK-Judge Fullerton then requested ,n, r,sre IN
charge Iat " the fact that tue ocean Ns,onal Rank
had independently VI ta dealings with AR CaiIsnaar
bonds of tue Lake superior Ship Car al aud Iron
pany a. securities for the pay ment OF debts
stance 20 DE TAKEN INTO eonS0 ration." The Judge 90
charged, and the Jury reti' "A NJ s.qs n m AIS o'clock
'o' Nu '' .ested that the statement book OF
the ocean Ha,ionA eank aud the reports Calendar
sun,nittey sr-cne In 1861 and tae other In iSS-pc
After some dsensnop. the request was denied, and
their reqnest and ir granted. O'Clock they
came into court and said that there was not ths
they were locked up for the night At a. yester
day Judge Benedict opened court and the Jury
showed that they had passed a very uncomfortable !
night and In reply TO the question. Have you agreed
foreman, emphaticaly said SO, We have not"
Judge Benedict then addressed the jury follows: |
Thought that the difficulty with this jury that
they failed to understand the true Issue OF this and
all the circumstances bearing upon H. should feel 10
satisfied the dficutyn the juryfoom arises from
an unwingness 10 consider acs and circumstances in
were considered in that light the jury would be able %
come 10 a conclusion. II this civil case would
nave sns ns Tn. 70 direct verdict or %shs assn.gs
dirscts verdist You w. therefore, a0AA retire -