New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-03-27

TENSE.
The defense OF ex-Bank Examiner Charles
Calendar who indicted for Accepting "a Dido ior 10
porting fay0rably upon the condition OF inc ocean
National Bank, was resumed yesterday in the uh'e"
States Circuit Court before Judge Benedict lheouoio
NJ. Davis, the Receiver OF the Ocean Na'Iohai oanA
identified report made by him upon the condition OF
that bank Jan. 49, 1872 and according 10 that report
the assets of the bank then amounted TO S5S33 % over
and above its liabilities and, with good management
and good lnek, the assets ought to yield larger sum-.
Mr. Davis then testified that he bad talked with H. r.
Crosby about Portage Lake bonds but not about their
value 1871 and that he had never said that he woud
not allow Mr.. Crosby to make any thiGg out or tLein
Mr. Purdy here o3lcc,edto the direction the examna-
ton taking, the ground that what MI Crosby
coud cake on the bonds had nothing TO do with the
case Ex-Jd1ge Fullerton insisted that az the prosecu-
ton had attacked the value OF the bonds he had right
to find out all The witness knew about them, ana 70 show
that had deprecated them for the purpose OF Ojyg
them in and making money ont OF them lie mas
said exJudge Fullerton, formed syndicate TO accom-
rsh that very thing and he knows that he must put
NV client Of the way before ne can succeed AFTER
further discussion in which Judge manded
the counsel for using srolg adoctyes it decided
that Mr. Dlvs3 acton respecting the bonds amer tue
failure OF the Ocean National Bank, could no, be adj
mitted in evidence.
The witness then continued in substance: There was
material change in the condition Of the ocean National
Bank between Oct 2, 1871 ana jan TO- 1872; some OF ~
assets hal risen in value the Portage Lake oep 'no
Hardman debt, the NewYort Printing Company deDI
and the Washington, Alexandra, and Georg town Rail
road debt were IN better condition in January, e'
than in October, 1871.
On the cross-exanna,ion, Mr. Davis stated that the
affairs OF the bank in better condition IN Janu
ary 1872 than in October, 1871 because tho bank mad
failed and could, therefore make no more bad loal1.
NJ Darby qfoto
about Oct o ISL it CALENDARS du'y TO report 10
the Controller Of the Currency the CONDITION OF the
Ocean National Bans, bat that, from corrupt motives
he did not do So To show that there no necessity
for CALENDARS making sueA report, eXJu b-t u'lor
ton offered IN evidence the BANKS own trporL 10 w
Controller OF tho Currency, made on Oct p l'Il' ana
said chat, Calendar knew that SUCH report htu Dth
made he did not think 1t his duly TO duplicate II. Mr.
Purdy objected the ground that Calendar was nor
cyoucrated because the bank hal made report y
Ion. discussion followed and Judge Benedict finally de-
cided to admit the report in evidence, proYlied IL was
shown that Calendar knew had Dech scnL 20 tne Con-
troler OF the Currency on or before Oct - lol I uo
If his last transaction with tue bank suc1 know edge
was not show n, but I'm the crosse Examination OF H. -
Bishop, who was bOOkfeeper OF the OCEAN NaliOhal
Bank, and who called for the purpose OF leht5 ns
the report question Mr. Purdy opened the way IOi S
admission ana it was received. ~
j. +. Williams the President OF the Metropolitan Ma,
tional Bank testified that in September, ISL he had
loaned Calendar $1,000 ana taken as b'cutis
Lake bonds and the notes OF the Portage Lake ana Lake
Superior snip Cauai hallioI' ana IRON Co'piny, IN
mad been paid but had been charged TO the ac-
count or prOut ana loss.
John Thompson. the Vice President Of the First Ma
tional Bank, testified that he mad loaned Calendar
$1,000 on Portage Lake bonds that he sold the bonds
Tor 26 cents the dollar and realized enough to make
the loan good and that Calendars character vas gOOd
til the failure OF tie Ocean National Bank.
W. A. Wherlock. the President OF the Central Ms
tional Bank, ties hsd that he had loaned Calendar may
thousand dollars Alfred villas notes ana Portage
bonds security; that the loans nad been pii'
and that up the failure OF the Ocean National Bank,
Callendar's character was good. Mr. Wheelock also
said that he would not have loaned money On Portage
Lake bonds alone
Tnls closed the evidence for the defense and exJrdge
Fullerton offered submit the case to the jury upon the
charge OF Judge Benedict; but Mr.. Purdy would not
consent disposition OF the matter unless the
Judge would tell the jury whether IN his opnon Cal
lendar was innocent guilty. The Judge rt!u'ed TO en-
terrain either proposition and Judge Fullerton began
his argument TO the jury. He first read the statute
under which Calendar indicted, defined the duties
of a bank examiner and then argued that talcnddI's
Transactions with the Ocean National Bank and with
other National BANKS legitimate business trans
actions and claimed that the prosecution had failed 10
show that the $4,000 which he borrowed from the
Ocean National loaned him for the purpose OF
Influencing HIM to make favorable report upon its con-
dltion. Because" SAID eXJudge Fullerton, "a bank
examiner horrows money Natonal bank IN the
regular OF business IS It evidence that II was
loaned to for corrupt purposeP careful analy-
ais of the evidence then entered and the
will probably be finished to-day.