The New York herald., 1874-05-31
THE COURTS.
Close of the Calender Trial-The
Judges Charge.
BUSINESS IN the cTEER COURTS.
Close OF the SUNNI ing Up i'm the Calender
Case--Charge OF the Judge.

Ocean National Bank OF this city, 70 influence his
onciai action, as bank examiner, in regard TO the
anairs and condition OF that institution, was re-
sumed yesterday in the United States Circuit
Court, before Judge Beneaict.
The Jnry was promptly on hand at ten O'Clock,
and at that hour Mr.. Purdv resumed his argument
ON behalf OF the government. He said among
other things that the defendant, who was man
without means had been enabled to borrow large
suns OF money from various banks. How did
that occur? There was doubt in the world
that it took place because the defendant
was bank examiner who received all this money
for the use OF hls ofica name Tor the benefit OF the
banks. Counsel contended that there was
not bit OF evidence to show that Calender was
enecting those loans the benefit OF the Portage
Lake Company. II was shown, however, that by
reason OF his Official position as bank examiner,
he was enabled TO put or the bonds OF that COM
pany worthless as they were, as security for loans
in several banks IN New YORK. 1t was alleged that
the Ocean Bank was interested in the Portage Lake
COMPANY and mad Sll2.000 worth OF their bonds in
PAYMENT OF an Old debt There was no evidence
70 snow that the money obtained by Calender on
the security OF the bonds of the Portage Lake
Company ever went to the beneft or that COM
pany. stevenson and the ocean Bank were glad to
give this money 10 Calender, because the bank
was in a critical position, which they did
not want lnS puDliC 10 KNOW. COuNSel referred
TO Mr.. Stevenson, eX-Presdent OF the Ocean Bank
In severe terms and said 1t was very nice decIa-
ration for a bank president TO make that he did
not know how much money he owed that bank,
and that, was unable 70 pay it, he did not
trouble himself about IL. When it was necessary
10 conceal the affairs OF the bank Calender omitted
TO make report. Counsel read report made oy
Calender in reference TO the affairs of the Com
monwealtn Bank. TINS report stated that lase
How was that matter liked upY Nobody was prose-
crted Ior making those false entries, but, after
Calender got $4,000 from that bank, there was an
end oi the affair. Did they ever see anything dark,
rotten and corrupt as this Ocean Bank, with all
Its capital and deposits going out and nothing
TO represent them but worthless securities that
could not be sold In the market? Calender could
have stopped all this 1869 ii ne had reported truly:
but did not do He in with gang OF
thieves who were inducing honest men TO put
ton was not, ..Did Calender return the money?u
Nor was 10 the question whether the bonds were
good or bad II the bonds were the best IN the
world they could convict the defendant If they be-
heved that he took the money with intent TO have
his official action influenced thereby: But it was
curions that Calender was enabled to borrow
money on securities tnat no other person could
have got a dollar on.
that he thought there ought to be some limit to
the speech OF counsel for the government, who had
now spoken TINS morning for two hours, In addl-
tiOn 10 an hour last night, while ne Mr. Eullerton)
had spoken but two hours
Judge Benedict understood the adjournment
laSt ngnt WAS at request OF counsel for DEFENDANT.
Mr. Fulierton-No, Your Honor. l most strenu-
ousy objected to addressing the jury last night,
Gut you insisted that i shodld go on, though |
stated that was very much farigued and had not
had iu time TO look over the case.
Judge Benedict cannot no W limit counsel. I
stated last night that would not limit counsel.
MIR. Purdy then went ON, apparently quite lively
and fresh talking, in some passages OF mis- speech,
Who Would attempt q ass HIM % down. Woua be-
IKE an elephant trying TO keep up with the speed
der was to get facilities rom the ocean Bank in
order that he should keep stil in relation to it's
October, 1871, when It the interest the oank
70 conceal lis true condition. Then it was that
Calender Withheld has report. At halpast one
O'Clock Mr.. Purdy concluded his speech and the
Court took u recess.
THE JUDGES CHARGE.
Judge Benedict, at ilve minntes TO two O'Clock
resumed his place on the bench.
Mr.. Purdy requested the Judge to charge the
Duehced by the payment OF loan OF money to
knowingly make ialse, untrue and unjust ex-
ANIMATION OF the affairs OF the bank they must
convict him. irrespective OF the question whether
he had made any report or not
Mr.. Fullerton asked the Judge TO charge that
there was no evidence whatever tnat Calender
had made any sucn report.
The Judge. in charging she jury said they must
with some degree OF satisfaction the approach
ing termination OF this long trial. which brought
70 them considerable respon sIbility The pubiic
good was the object of every Irai ike this and in
city like New YORK the punishment Of a crime OF
the character charged here was a matter OF great
importance. Tney should find their verdict with
out lear, Iavor or afecuon; without reference
what We're the interests OF private parties or pub
public justice. The charge here was OF bribery
Is was impossible for the defendant to deny that
4th OF October, 1871 and THAI he did
not make a report Of his examination. A
point had been made by the defence that the
statute did not say that the Bank Examiner should
make written report; but ne tJuuge Benedict)
charged them, as matter Of law under the statute
that the defendant was bound to make a report to
the Comptroller OF The Currency IN writing. Under
was no doubt the report had not been made. II
Calender received the money rom the bank on
the understanding that he was not to report the
cOndiIlon Of the bank he guilty. Then how
did they arrive at knowledge OF the guilty intentP
This could only be inferred from the surrounding
circumstances, and II the circumstances did not
warrant them in coming TO the conclusion that he
took the money with corrupt intent they should
acqut him on the merits Of the case he expressed
NO opinion OF his own. The disposition which
the defendant made OF the money he re-
ceived from the bank was not material
No matter for whom he received it,
II he took 1t with intent TO influence his official
action ne was guilty. The defendant had right
10 borrow money from the bank TO any extent;
but II they believed that ms borrowing was an
ordinary business transaction they should acquit
MIN But II he borrowed the money on the under
standing that by the borrowing OF IL his Official
tion IN regard to the affairs OF the bank should be
withheld they must find him guilty. The defendant
was not TO be convicted because ne had had deal
lngs with other banks. where the absence OF q re-
port would oe desirable, and where the security
IOugeu oy MN lot loans was the same, as IN the
case OF ms dealings with the Ocean Bank. Those
circumstances were only 10 be looked at In so
nr as they tended TO throw light on the
particular charge alleged in the Indictment.
There was no evidence to show that the defendant
had made a false report. The circumstances 10
Justify tnem In conVctIng the prisoner must be
wholly irreconcllable with any other theory but
that OF guilt Were the circumstances such as a
guilty man would participate In? Ii they had a I
reasonable doubt OF the guilt OF the defendant they
should give him the benefit Of lt aud acqult him.
AT the request OF Mr.. Fullerton, Judge benedict /
charged that the fact that the ocean Bank had |
Independent altogether OF their dealings with Mr.
calender, bonds of the Portage Lake Company as
security for or in payment OF deDt, was cir.
ennstance to be taken into consideration.
IA on IN N anfc
10 consider their verdict.
About five O'Clock the jury came into Court and
requested That there should be submitted TO them
tue stttement oook OF the ocean National Bank
ana the Two reports OF Calender In regard to that
IN 1869. ~ ~ ~
Some discussion took place between counsel ON /
Dotn sues on tnls point, and finally 10 was agreed
not 10 RlNe the DOOk and in L.