The New York herald., 1874-05-27
TIE CALENDER TRIAL.

Close OF Testimony for the Prosecution.
The further trial OF the case OF Charles Calender
was resumed yesterday in the United States Cir
cult Court room, No. 81 Chambers street, before
Judge Benedict
CONTINUATION OF TESTIMONY FOR THE PRosEcu-
Mr.. James E. Southworth, ex-President OF the
Atlantic National Bank. was called as witness on
the part OF the prosecution. He was asked ques-
ton in regard to a transaction of Mr.. Calender
with the Atlantic National Bank, which occurred
about year before the transactions with the
Ocean National Bank, for which Calender is now
on trial. MIR. Fullerton objected, on the ground
that the transaction sought TO be proved was too
remote. Judge Benedict replied that no rule had
been established in the progress OF the trial as to
point OF time and the evidence must depend ON
the nature OF the circumstances Mr.. Southworuh
then went on 70 state that in November, 1870, Mr..
Calender borrowed from the Atlantic Bank the
sum OF s., 600 the security OF the bonds OF the
Sunday school Workmen's Association; it was a
demand loan tina payment OF the loan was de-
manded; 1t stood ior ten or twelve months
after the loan was made; witness identified
the check on which the $4,000 was paid to
Callender; there was a note OF November 7, 1870,
discounted for Calender; 1t drawn to the
order OF Perkins Co.; witness considered that
firm TO be good; the makers were Richardson,
Stow Co.; the note on maturity was not paid
did not bring suit against anybody for the amount
OF the note; there was also $4,000 note OF No.
vember g. 1871, payable TO the order On j. Edwin
Conanf & Co., at the ocean National Bank, signed
sAlfred Wnd,n and indorsed by p. j. Avery and
j. Edwin Conant the note was discounted at the
Ocean Bank and paid TO Calender; when the note
became due Calender came to the bank, and, as
witness remembers, said that the person Tor whom
he had got the note discounted mad Jailed to
ceive funds and wished to pay only half OF 1t, and
asked witness 70 discount another note for $4,000;
witness did the note being for the same parties;
he paid half and got q renewal discounted for
the otner half; after this note became due
and was not paid witness went to see the maker OF
the note Mr.. Wild, and having spoken to him about
1t, ne said he had been disappointed in receiving
funds but that he expected 20 take the note up in
short time: on his promise witness let the mat
ter rest for some time; having waited some time
he could not say how long-he saw Mr; Wild again
In the meantime the note became past due; he
saw Mr.. Calender, and, having informed him that
he could not allow the matter to remain longer. he
asked him Tor additional security;
CALENDER THEN OFFERED HIM TWENTY-FIVE
THOUSAND DOLLARS
OF the bonds OF the Portage Lake Company; he
made inquiries OF the Union Trust Company in
right and he was assured that they were-that
they had been issued on the security oi several
thousands OF acres OF mining and timber lands on
Lake Superior witness found nothing particular
as to the value OF the bonds; he took them from
Mr.. Calender; was President OF the Atlanuc
National Bank at the time or It's failure, aud at
that time Calender owed the bank $500.
THE BANK FAILED ABOUT THE 26TH OF APRIL, 1873.
Witness had loans from the bank; does not think
Calender asked him TO put his loans In a live
shape, but thinks he GOT letter from the Comp
never had any loans in the bank on which the
interest was not regularly paid and Tor which
there was lot ample security lodged with the
directors in June. 1869, mad not loaned Calender
any money. GA letter was read from Calender
dated June 1870, addre TO the comptroller of
the Currency, asking that the loans OF the Presl-
dent OF the Atlantic Bank be made live loans.D
Cannot say that, Ia the interim @ up to November per
paid them; but he never shilGed them In other
persons names; mad not loaned Calender money
Cross e examined-Regard this paper as good
and thought 1t would be paid; IN making these
loans to Calender had no idea of influencing his
on1clal action as Bank Examiner.
To District AttorneyrDid not make loans to
others on sunday Scnool stock or on the notes OF
Wild, Avey Conant; Calender did not keep an
account n the bank.
Edward d. Bishop, bookkeeper of the ocean
National Bank. was produced Tor the purpose OF
proving that the interest due on sums loaned by
that bank TO Calender was not paid
Judge Benedict asked what was the use Of CIV
ing such proors Mr.. Purdy replied 1t was giving
him money IN that way.
ing, was called to prove tnat he had made an
examination OF the books OF the Ocean National
these books. he could say that on the ID and Attn
days OF october, 1871, the ocean National Bank
was insovent. This question was objected to, and
Judge Benedict said he would allow such evidence
to be given If the defence offered to prove that at
That time the bank was solvent. The witness then
lett the stand.
TIE remainder OF the day was taken up with che
examination OF Edward wolcott. a clerk in the
ofice OF the Comptroller OF the Currency who pro-
duced from the files OF that department., seven
ports, made by Calender, as bank examiner, In
reference 10 the affairs OF the ocean, Atlantic
Union Square and Commonwealth banks. These
were all the reports made by Calender he able
to find, and II he did not find any others he con-
ciuded tnat no other reports had ever been made
by Calender TO the department.
Mr.. Fullerton made motion TO strike out all the
evidence relation TO the Union Square National
Bank, as the government had not shown any crim-
inal intent on the part OF the defendant, VINO had
perfect right TO borrow money on the security
which had been offered in evidence.
Judge Benedict sad he would charge the jury
that bank examiner had a right TO borrow money
from "a national bank; that 1t was not unlawful for
him TO do SO; that the mere fact oil his getting toe
loan was no evidence Of fraud.
Mr.. Fullerton SAID that would be satisfactory, so
far as it went. He would make the same motion
IN regard TO the evidence referring to the Atlantic
Bank and the Bank OF the Commonwealth.
Mr. Purdy replied that he had right to show
that II the President OF the Union square Bank
TOOK $4,000 from the bank that was a misappnca-
ton OF Its funds; that Calender was notified OF
that TACT by the PRESIDENT himself and aid not
port it.
Judge Benedict reserved his decision.
the prosecution has rested, and the defence will
be opened to-day.
CApTAIN UTTYTANc TN NOruTp