The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-28
Calender and the Ocean Bank Case
Summing Up Of Counsel.
THE CHARLICK INVESTIGATION
Adroit Ruse Of the C0mmiSSiOner--.ne Is MOI
Prepared TO Sign His Testimony.
Mandamus Against Judge Davis in
the Tweed Case.
The Summing Up OF Counsel.

The Summing Up OF Counsel.
The further hearing OF the case OF Charles Cal"
lender, who is indicted for having accepted Dribe
of $4,000 from the ocean National Bank for the
purpose OF influencing his official action as bank
examiner, was resumed yesterday In the United
States Circuit court before Judge Benedict.
SUMMING UP FOR THE DEFENCE.
Mr.. william Fullerton continued his summing
up of the evidence on behalf OF the defendant. In
a very elaborate argument he reviewed the testi-
mony, and contended that all the facts and sur
roundngs OF the case showed that his client was
not guilty OF the serious offence charged against
him. MIR. Calender when he took this loan of
$4,000 from the Ocean National Bank, as he
had perfect right to do, gave what he had every
reason to believe was perfect and valid collateral
security for the same The argument that Mr.. Cal
lender was to cOnfne himself simply to his duty as
bank examiner for which he was to receive but SIS
day, was simply preposterous. IL was legitimate
on his part to borrow money from bank on good
security, as any other citizen would have done;
and that other banks had lent him money on the
security of the Portage Lake bonds long before the
failure OF the Ocean Bank took place, was cir
cumstance showing that the bank had reliance on
the value OF the bonds and belief in the good faith
in which they were offered: Counsel IN severe
Receiver OF the Ocean Bank, in connection with
this case, and stated that the proposition of the
District Attorney that the benefit OF doubt should
be given to the government, because the defend
ant could get new trial and the government
could not, inculcated principle not known to
the law in the dark ages and which no one was
bold enough to assert even In the times OF me In.
famous Jeffreys. AS an American citizen and law
yer, proud OF his country, he was ashamed to hear
the District Attorney as the representative Of the
government. asserting such monstr0us principle.
the defendant they Should as the Court would tell
them, give him the benefit OF 1t; but In this case
there could be no doubt, and he, therefore, ex-
pected that his client would be acquitted OF this
charge.
SUMMING UP FOR THE GOVERNMENT.
Mr.. A. ii. Purdy, United States Assistant District
Attorney, proceeded to sum up the testimony on
the part OF the government. He congratulated the
jury on the approaching termination OF this long
made personal explanation, defending his con-
duct in the prosecution of this matter. From the
truth. They were hostile to the prosecution. No
doubt he had occasionally lost his temper
If s ne SAID could p be
construed into disrespect for the Court, from
whom ne had received so much consideration and
orpearance he begged leave to apologize Tor IL in
the most ample and public manner He had OPP
posed to hun an able and willy lawyer, Judge Full
Ierton. He (Alr. Purdy) was not SO great lawyer
as Judge Fullerton, yet he had good common
sense, and knew a thief when he saw him; he
knew what bribery was, and 1t was his
to do the best he could in prosecuting
those who offended against the laws OF the United
states. IL was SAID ILaC tnc QeIenuanC DaQ only
IS day, ana had, therefore, a right to engage in
other business but was not the proof before them
that he had get 500 for two days work in exam
ining the bank But what other business had he
engaged in except examining banks and getting
loans from them? Counsel sad that it was owing
to the Chicago fire the Ocean Bank failed; but he
fire had about as much to DO with the
failure OF the bank as the eruption Of
the mountain IN North Carolina. The rapacity
OF the defendant was boundless. The bank was
insolvent when the loan was made to Calender;
at that time when they got good line or deposits,
IN would come Calender and his friends with their
bogus bonds and secure loans; he believed that
and Railroad and Iron Company ought 20 be called
the Portage Lake Plaster Company, because he
had plasteIed many OF the banks OF this city with
their worthless bonds. Counsel then replied to the
remarks OF Judge Fullerton as to the proposition
that he had asked the Court to give the benefit OF
O doubt In favor OF the government. The benefit
OF the doubt was in favor of the defendant SO far
as the jury was concerned, but 1t was dlnerent 50
lar as the law came IN question. He READ Massa-
chusetts decision III support of his proposition, re-
ported in / Cushing's Reports. Adverting to
Mr.. Davis, counsel repealed the Idea that this was
counsel to send the defendant to the State Prison.
Mr.. Davis called into the case as receiver of
the ocean Bank, and had been Obliged to attend in
Court under subpoena. Calender got $4,000,
from mDs the honest money money Of depositors, who
believed the reports made that the institution
was sound, while IN reality 1t was unsound ana
rotten. Mr.. Davis had done nothing but his duty
Mr.. Fullerton to have the case submitted without
argument counsels view was that, the defendants
case being bad, 1t could only be weakened by ar
gument. He cCntended tnat the guilt OF Calender
was so clear That the jury could not escape from
convlcting him. Counsel created some merriment
by describing the Decatur Sullivan and MatOon
the habit OF running In and out OF banks,
but what did he want there unless he had to make
EXAMINATIONS Did he make EXAMINATIONS No,
he did not; but his purpose was to 'strlke" the
banks tor loans on bogus security. Calender knew
that he had the banks that loaned him the money
by the throat This case was covered all over with
corruption. The punishment lor this offence, If the
Imprisonment or one month at the discretion OF
the Judge; and when he recollected that govern
ment clerk who made false entry III book
would receive five years Incarceration, he lelt
that this prosecution had somewhat OIL a ludicrous
and funny side. Notwithstanding that he had
been Dadgered by counsel and spanked" by the
Court-(great laughter in all parts OF the
show that the offence charged had been
clearly brought home to Calender. What had the
Chicago fire to do with Calendars taking $4,000
from the Ocean Bank? Surely that money was not
burnt up IN that fire. If Calender got the money
with corrupt intent he must be convicted. The
Portage Lake bonds never had value except in
the imagination of those who were endeavo1lng TO
palm them Off on the community.
AT this stage OF the proceedings the Court adj
journed till this morning, when Mr.. Purdy will re-
sumo mis- address to the jury.
The possibility OF q Telc issue Of incOnUe1t5ble
paper regard aoSth dnaaze,nent and anrietv, ayad
in n,y Judgment, such an issue acould be detJ1
7,aent and q shame.-CHARLEs SUMNER.