The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-21
TEE OCEAN BANK CASE.
Tria, of Calender Continued.

Trial of Calender Continued.
The trial OF Charles Calender, who is indicted
for having accepted a bIibe of $4,000 under the
circumstances already fully reported in the
HERALD rom day to day during the past week,
was resumed yesterday in the United States Ctr
cult Court before Judge Benedict, at the court
room, 81 Chambers street.
MIR. A. H. Purdy, United States Assistant District
Attorney, conducted the prosecution, and Mr..
William Fullerton appeared as counsel Tor the de-
tendant.
TESTIMONY OF G. W. BALDWIN.
G. W. Baldwin, who testified that he mad been an
oracer Of the Atlantic National Bank. which failed
April &c, 1878, said he had before him a cashiers
check which Mr.. Calender got money from the
bank; he had the special loan check with Mr. Cal
lenders Endorsement upon 1t, aud the demand
note that was made Tor $4,000; he bought these
papers from the hands Of the receiver OF the bank
the papers had been In witness possession as
clerk to the receiver. the papers were produced
ano offered IN evidence by the District Attorney.
Among these papers was check Tor s., 0Oo on tie
Atlantic National Bank, Endorsed by Calender
and dated November 10, 1901 Had nor seen Cal.
lender wilte, but believes The endorsement TO be
in his handwriting; dld not WAT collate rails
were given Tor the loan he demand note was Tor
$4,000; knows that ne twItnes-l made the enbries
about these matters IN the books; as TO the
other transactions OF Calender win the bank,
he did not remember anything about them, except
witness knew the Indebtedness OF Mr.. Calender
to-day 10 the Atlantic National Bank Was OBJECTED
70 by Mr. Fullerton. The question was. put IN an
other form, and the witness said he knew of his
own knowledge that Calender was Indebted to
nrst. by the papers, and also from the TACT mat
Calender had been TO the receiver to see about
the debt, ana had been sued lor 1t; does not re-
member that Mr.. Calender had said anything
about the DEBT; the papers which he had pro-
daeed came rom the bank as assets Of
made by Alfred Wild ana InGorsed by r. J.
Avery W. L. Avery ana }. E. Conant, ana a note
for 800 at sixty days, and ior these $25 900 OF
Portage Lake ana LAKE Sul erior bonds had been
given as collaterals; witness had not got those
colaCerals; knows that a suit has been commenced
against Cal ender Tor his Indebtedness to the At
lantic Bank; served the summons on Calender the
other dag.
Judge Observation-Disclosures the summons
Q. Have you got copy OF tue surlmons' A. No.
Cross-examlneu--I cannot say who left the
SOS 900 OF Portage Lake bonds security for these
loans; did not know what was lett at the time
knew that bonds were lett as security; those bonds
were among the apers OF the bank as collaterals;
did not see Mr.. Calender leave any collaterals;
know now that certain things in the bank are
stated TO be collatefals Tor those loans they
With the cola eras or these loans aud that being
30, inferred that they were colaterals Tor those
notes have been tod that they were coliaterals:
found them among The assets OF the bank after
the bank had iaAedi am pretty certain in my own
mind tnat they were the cola erals tor Calenderis
notes; mat is all know about the collateraIs: the
bank laied on the 2btn OF APRIL 1873; MIR. Megs
was then bank examiner; the bank went into the
bank as general bookkeeper ana discount clerk;
quite number OF loans had been made by that
bank as collateral: $500, 900 was loaned on co.,
lateral about that time; all those loans have not
been paid.
O. We're any Of the collaterals missing at the time
the bank Jailed A. Yes; they have not been
found yet; the bank was examined in February,
1873, am 1t failed in April 1873: DO not know II
there was any paper under pro est; these loans
were demand loans; they had been running at
different times, for lour or five years; some OF them
had been oil long standing; served this summons
Mr.. Calender at the request OF Mr. John l.. Cad
wsllader, counsel for The receiver OF the bank: the
summons was served the day before yesterday; L
had IL some few DAYS in my pocket as dlu not
happen to see Mr.. Calender; the paper produced is
the summons.
Mr.. Fullerton said that he would, at the proper
time, offer this summons IN evidence. At the re-
quest OF Mr.. Purdy Mr. Fullerton handed the paper
to the former, who, after examining IL. sad ne
would put IL in evidence Tor the prosecution
Mr.. Fullerton said Mr.. Purdy should not do any
thing OF the kind he could not get the paper by
trick OF that kind lie (Mr. Fullerton would
oner the paper, at the right time, Ia an orderly aud
proper manner.
TESTIMONY OF Mr.. JAMES e. soUTHwonrH
Mr.. James f. Southwortn testified I'll was Presi-
dent OF the Atlantic National Bank at the time OF
Its failure; know Charles Calender; made loans
to HIM; made one loan OF $1,000 November TO-
1870: discounted a note Tor S5,o 900 endorsed by
Calender; tank may say that there were two
notes OF 5000 each-$l0, 00o-discoun ed for him;
Il was loan made at his request; 1t was regular
discount; / think ! discounted several other
pieces OF paper for him at cinerent times
o. At the time OF the failure OF the bank do you
PAID ? A. Yes. one or these $4,000 notes mas been
paid; the other notes that | dlscounte Tor him
have been paid except $500; they have been all
paid except the $4,000 call loan the $4,000 note
and the 81 500 there were no collateral securities
Tor the 81, 600 and 81 500 notes: they were dis
counted without collaterals; they were not paid
when they became due; l went 10 see Mr.. Ali ed
Wild, the maker OF the notes, two or three
times, and spoke to him also saw Mr.. Calender
anu pressed him for payment; ne le back On the
maker and endorsers OF the notes, saving that
they would make an arrangement TO rake them M
very soon; went alter them Tor a week or so az
Icouid not get the money rom the maker or en-
dorser ! spoke TO Mr.. Calender and he gave me
325, 900 OF bonds or the Portage Lake and Lake Su-
penor Canal Bond produced.l This - one OF
the same kind OF bonds that he gave me: one OF
those bonds was made on the Workman's sunday
School stock the Atlantic National Bank JAILED
April g. 1873.
q. is 1t not fact that Mr. Talntor, rne cashier
OF that bank, was IN the habit OF taxing the money
OF that bank ana specializing with " IN Wall street2
A. Not to my Knowedge--not a dollar.
q. When did Taintor first begin 70 take this
money out OF the banK2 A. do not know can
not say how much legal tenders the bank had on
hand when making this loan to Callenaer.
q. Did You ever receive rom the Comptroller OF
the Currency letter marked private aud con-
1dentaI," asking you TO make good or strengthen
some OF the securities in the bank ? A. got such
letter. but do not Know that IL was private, nor
do know that IL was opened by any one but my
self; If IL was marked private IL was not likely to
where that letter is; cannot say whether Mr..
Iaintor did or ala not know OF those loans; sup
pose he knew afterwards by seeing the discounted
papers IN the bank.
The witness was cross-examined at some length
oy Mr.. Fullerton, and he stated that before he
took the Portage Lake bonds from Mr.. Calender
- Aont to she Union Trust Company to see u