New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-05-27
CALENDARS BANK REPORTS.

CLOSE OF TIE EVIDENCE FOR THE PROSECUTION
At the resumption, yesterday, III the United
states Circuit Court OF the second tgaI OF eXBank FIX
aminer Charles Calendar for accepting bride OF $jOO
for reporting favorby upon the condition o! the Ocean
National Bank Assistant United States District Attor-
ney Pnrdy offered prove that Calendar had. in No
vember, 1870, borrowed money from the Atlantic
National Bank EX-Judge Fullerton objected on the
ground that the transaction referred to occurred year
before Calendars dealings with the Ocean National
Bank and also the ground that II not set forth In
the Indictment Judge Benedict admitted the evidence,
as in his opinion it tended to throw light upon Calen
dar general intent in borrowing money from National
banks j. 4. southworth ex President OF the At
lanlic National Bank then testified that in November,
1872 that bank had lent Calendar 1900 stock OF the
Working Mems sunday school Association, $4,000 IN
November on Wi!ds note Endorsed by Avery. Conant
and Calendar, one-haf OF which paid, and note
given for the balance. IL also appeared from Mr..
southworths testimony that when the Atlantic National
Bank failed in April, 1873, Calendar owed 1t about
5000.
Mr. Purdy's theory is that "Callendar would catch
National banks doing something which they ought
do and then borrow money from them worthless
securities by threatening to report them to the Con-
troer OF the Currency 10 they refused 10 let him have
what money he wanted" In this instance, however,
Mr.. Southwick stated, on the crossexaminaton, that
the bank supposed CALENDARS securities to be good and
thht 10 money was lent MIN LOT inc purpose Vi III
nuencng his official action concerning 1t. But 1t was
shown by documentary evidence that in 1862 Calendar
made an unfayOrable report respecting the Atlantic
National Bank that IN 1871, without any material change
i'm the AFT airs of bank and after he began TO
borrow money from 1t, he reported favoraby upon its
condition, and never made report relative " II after
ward. - 49, S-'~-4' - -. - .
Mr. Purdy offered to prove by B. A. Mcdonald the ac-
cOuutan employed by the prosecution that the Ocean
National Bank insolyent on Oct and 4, ISL Ex
Judge Fullerton objected and after considerable dis
cussiOn, Judge Benedict said that II the defense at
tempted to prove that the bank was solvent Oh those
days he would allow the prosecution to put Mr.. Me-
Donald stand TO show to the contrary. Is also
charged In the indictment that Calendar failed make
certain reports about National banks which he should
have made, and MI. PuIdy supported that charge by
what is known In law "a negative" testimony. That
the Controller OF the Currency who testified that he had
examined the records that office. and that the follow
ing are the only reports made by Calendar that be
found In t Two OF the Ocean National Bank two OF the
National Bank Of the Commonwealth two OF the Allan
tic National Bank and one Of the Union Square National
Bank. The Inference drawn that otner or Callen-
dars bank reports would have been found III that office
II he had done his duty.
Other witnesses were examined but they told nothing
new, and Mr. Purdy rested.
Ex,Judge Fullerton moved to strike ont oil the evil
depce relative to CALENDARS borrowing money from the
Union Square National Bank, on the ground that IL
threw no light upon his transactions with the Ocean
National Bank. After long argument Judge Benedict
reserved his dcclsoD and adjourned Court TIL to-day
when exJudge Fullerton will open for the defense.