The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-19
THE COURTS.
The Ocean Bank CaSe---CODtinnafiOn OF Inc
Trial of Charles Calender.
BUSINESS IN THE OTHER COURTS.
A Verdict in Favor of the City-Acton for
Alleged Conspiracy Decisions-susiness
in the Court Of General Sessions.


Alleged Conspiracy-D observation-disclosures
in the Court OF General Sessions.
rne Trial of Charles Callender-Furthe
Testimony for the Prosecution.
The trial OF Charles Calender was resumed yes
teraay IN the United States Circuit Court, before
Judce Benedict The defendant Is indicted for
having accepted a pride of SIC, 600 to influence his
official action, as bank examiner, IN making
report upon the anairs and condition OF the ocean
National Bank.
Mr.. A. II. Purdy, United States Assistant District
Attorney, appeared for the prosecution, and Mr..
william Fullerton for the defendant.
The Judge SAID, with regard TO the question OF
evidence submitted yesterday, he would In THIS
case for the purposes Of this trial. permit the Dis
trct Attorney. on the question Of intent alone, 10
prove other similar transactions by the defendant
at other national banks. 1t was only on the ques-
ton OF intent and for that purpose he would per-
NIT the evidence.
TESTIMONY OF B. 7. BRUNDIDGE CONTINUED.
Mr. B. T. Brunaidge, late cashier OF the Union
Square National Bank, was further examined by
Mr.. Purdy. He sad:-At the time was cashier OF
the Union Square National Bank Mr.. Calender
kept an account there; know that ne borrowed
money from the bank; the books OF the bank are
not here; there was a loan, several loans-I think
I'VE or six-made TO Mr.. Calender; referred the
loans to the President; the application for the
loans was made to me; remember that c0ilateras
were left at the same time; the date OF the last
loan November 1871, for 81, 600; the dates or
the other loans were september and October, 1871,
and before that; these loans have never been
paid; the collaterals for the loan of November
were $4,000 OF Portage Lake bonds; the other
collateras were stocks OF $4,000 Of the Albany
and Brunswick Railroad, and note OF Alfred
Wild with the endorsement Of d. R. Martin;
the grand total OF the loans Is SIT 900, ana
they have not been paid; the Union Square Ma
tOnal Bank failed December 49, 1871, the day after
the failure OF the Ocean National Bank; l was
familiar with the anairs OF the Union Square Ma
tional BANK the bank was not loaning money at
that time; do not think the bank loaned money
on colaterals except to Calender; discounting
paper was the business OF the bank, not loaning
money; think Mr.. Callender's first application
was made TO me, and l turned him over to the
President; would have loaned money on that
day to John Jacob Aston; did not know the
value Of the colaterals at that time, any thing
about them; did not know anything of Mr. Cal
lenders Responsibility as 1t stood on that day.
knew nothing about 1t.
q. Had you any knowledge that be had any prop
erty? A. had no knowledge at all ON that sub
tect. knew nothing OF the value OF these collat-
erals.
Q. on that state OF facts would you have loaned
that money to Mr.. Calender on those collaterals9
Mr.. Fullerton objected TO the question. The op-
terence, and the evidence would be worth less tor
any purpose whatever.
g why did you refer this loan to the President of
Objected to-.
Judge Benedict-Ask him If Mr.. Calender SAID
q. Do you remember what was said by Mr.. Cal
lender IN regard to the transaction A. knew OF
his making the application for the loan ana / re-
loans maze to MI Calender prior TO this time were
PAID DO not think any loans on Portage Lake
bonds were paid there was an overdraft by Mr..
Calender tor $4,000 or $1,000; the bank mad col
laterals for tnat money, not even Portage Lake
bonds.
Cross-examined-The overdraft was paid it is
not unusual for folks to overdraw their bank &C
bank; the collaterals left for the loan OF $4,000
were $4,000 OF Portage Lake bonds; do not
that loan; think may say am quite certain OF
that; the coaterals were handed to the Pres-
dent Mr.. Henry Beekman, and he placed them in
his TIN box; aid not see them after that; Il heard
Mr.. Calender say That for That loan he would
leave $4,000 OF Portage Lake bonds; he first pro-
posed to me TO get the loan; do not remember
whether there was a note or not; do not thInk
there was note endorsed by D. K Martin lett Tor
securities the President had In his TIN box think
there were other loans 10 Mr.. Calender OF S. 00O
and 5000; | think that for one of those
loans note Of Alfred Wlld's, endorsed py u. r
Martin. was lett as security; think the appllca-
tion Tor the loan was made directly TO the Presi.
tIe
dent; 90 not remember what TRANSFERRED between
The President and Mr.. Calender regarding those
loans; PRIOR loans were PAD oy Mr. Calender;
cannot say the amount. probably $4,000, at three
or Jour different times
q. Do you mean to say that that was the only in.
stance IN which loans were made by the bank on
cOlateralsS A. think SO; the loans OF the bank
were made mostly on paper am not positive
that money was loaned py the bank on collaterals
10 other parties besides Calender; / do not THINK
the President made loans on collaterals to other
parties besides Calender; the books would show
nj 10 nj
ls1 0D'''''
@ What was the occasion OF its failure2
O. Where did the bank keep Its accounts
Judge Benedict-Tnat is not material The urv
VIII not infer that the bank was broken by loss
Mr.. Fullerton-Mr. Purdy thinks so. Laugh
ter -
Ny connection with the Union square National
Bank ceased IN July, 1871. 1t is rom what saw in
the ledger oil the bank that state the loan las not
been paid.
RedIrect-Either the President or the cashier
allowed the overdraits TO Mr.. Calender; very
probably j allowed them; | do not tank Mr..
Calender overdrew MS account more than two or
three times; $4,000 was unusual overdraft on
TO allow overdrafts.
q You have said that there was Wild note
among these securities. Is IT not TACT tnat all
these securities were wild? Laughterl
Judge benedlct-fou had better AVOID punning.
This case has a serious aspect.
Y. You know that the bank holds these coIlater.
ais A. Yes; saw them yesterday IN the hands OF
Ihe receiver OF the BANK; they have not been sold
i 90 not know whether there was than one
note OF Wild's; note OF Wild's was for $40 900
Judge Benedlct-Do yon know how long it was
prior 10 the failure OF the bank that Calender
made report OF us condition to the Comptroller
A could not tell; do not think that Mr. Caen.
der made an examination OF t<e affairs OF the
Union square Bank LOT year before It's failure.
he used to come into the bank LOOK over tue state
ment book and take figures from the statement:
he would not count the cash; the statement was
made every day and Mr.. Calender was in aImosI
every day looking over the statement book
Mr. Fulerton-Was the statement cOrrect2
Wltness-Yes; the bookkeeper made Up the state
ment under my directions.
Mr.. Fulert0n--What was the immediate cause
OF the failure OF the bank?
Witness-The failure OF the Ocean National Bank.
where we kept our account; when the ocean Bank
fahed we had 10 make an arrangement with the
Snoe and Leather Bank; the Union square Bank
owed the ocean Bank considerable amount OF
money which we had to pay; IN fact the bank Jailed