The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-26

Trial OF Calender Continued-Evidenc
for the Defence.
The further hearing OF the case of Charles Callen
der, indicted for accepting bride OF $7e,0o0 was
resumed yesterday In the United States Circuit
Court before Judge Benedict .li4-
TESTIMONY OF W. l.. AVERY.
Mr.. W. L. Avery was placed on the stand. He
stated that about thirty Of the pamphlets were
printed with this letter for the benefit OF Kuhn
Loeb Co.. who were to negotiate for sale Of
the bonds in Europe. These pamphlets were dis
tributed; large number OF them were bound up
before the letter to Kuhn, Loeb q Co. was written
and the remaining ones were subsequently CIR
calated with the letter included in them.
=; Why was the letter writtenf
A long discussion followed on an oner made by
Mr.. Fullerton to prove that when Mr.. Calender
he mad every reason to believe tnat those securi-
ties were good from all the information that had
been communicated TO him regarding them.
Judge Benedict said that even if this was q loan
the jury must convict the defendant If they he
OF influencing MS 0f1cial action bank examiner.
Mr.. Fullerton-lf he gave good and valuable
Judge Benedict--No matter; assuming 1t to be
loan and that the security was undoubted, II II
was given Tor the purpose Of influencing his ON
cia action the jury must convict him II they be-
heve he took 1t with that VIEW rule the oner
out
rae witness then went on to say-My brother
drew the prospectus and wrote the law papers
therein contained.
q. Was it issued in good faith?
Objected to, and question ruled out.
Witness-Myseli and my brother conveyed GER
tain lands to this company
DAVIS, the receiver Of the Ocean Bank, showing
That he had testified that the company had no
collateral to the ocean Bank were q lien, and he
proposed 10 show by the witness on the stand that
pany had zoo 900 acres OF land at that time.
Judge Benedict said he would allow the fact to
be proved BY the witness, Il he knew It; BY some
Wltness-I was not present when all the bonds
were issued; drew the deed and prepared the
testimony as to there being an 0verIssue OF the
third mortgage bonds and that the thing was
fraud there was no overissue; never heard that
there was an overissue OF those bonds except
from Charles L. Frost and Theodore M Davis.
q. When did you first hear that there was any
was in the winter OF 1872; know all about the
value OF the bonds OF the Chicago and Illinois South
the consolidation VI two other railroads; It had
SUBSCRIPTIONS to its capital stock about $780, O0O
70 w pe N.Y. Uonan e er Se
road, which ran through rich farming country.
At this stage OF the proceedings Mr.. Purdy inter
rupted the witness, and Mr.. Fullerton said the
value OF the testimony now being given was de-
stroyed by these Interruptions He called upon the
terruptlons were improper and should not be In
dulged IN.
bonds were good: negotiations were gong on for
the sale OF them at the time OF the Chicago fire ;
the President OF the Ocean National Bank knew OF
these pending negotiations; as to the Sullivan,
Decatur and NATION Railroad, thirty-two miles OF
the road had been completed and laid with iron;
bonds were issued to the witness and his partner
lor the construction OF the road.
The Win iis was cross-examtned at considerable
length by Mr.. Purdy IN reference to the value OF
the lands the value OF the bonds and the s0lvency
OF the witness at the time his name appeared as
end0rser upon the notes which had been lodged as
collateral for Calender upon the loans received by
the latter lrOm the bank. In the course OF the ex-
animation there were some lively tits between the
counsel for the prosecution and Judge Benedict ;
the latter stating that the interruptions and re-
marks OF counsel were uncaed for and improper,
and that perhaps. he might be called upon to
teach counsel what his duty was and how much he
was out OF order.
TESTIMONY OF PROFESSOR PUMPELLI.
Mr.. Pumpelli, Professor OF Mining In Harvard
College, depOsed that In 1857 and 1868 he was on
the iron ground OF the Portage Lake Company;
went on nearly every square mile or the iron land
and on many sections OF the pine lands; made Two
reports to the company and these are embodied
IN the prospectus; the lands, in his judgment. are
valuable. as stated In the report; DR.. Credner
sisted him IN selecting the iron lands; he is now
head OF the Royal Geological Society In the King
dom OF SaxOny, man OF very wide experience !;
In october, 1872, made another examination oil the
lands.
MIR. Fullerton offered to show that the lands had
then improved.
MIR. Purdy objected to the offer, as the time In
dlcated was after tue failure OF the bank.
Witness-l made an examination or the lands in
1872; my examination then confirmed me IN my
previous Judgment as to the value OF the lands.
The further hearing OF the case was adjourned
TILL this morning,