New-York tribune., 1874-05-30
THE COURTS.
CALENDARS SECOND TRIAL.


CLOSE OF THE EvIDENCE-THE FINAL ARGUMENTS.
One count in the indictment charging ex-
Bank Examiner Charles Calendar with accepting a
bbe OF $4,000 for reporting favorably upon the con-
don OF the Ocean National Bank alleges that he made
"a false report At the resumption yesterday In the
United States Circuit Court OF the defense IN CALENDARS
second trial on that Indictment Mr. Purdy referring to
the count mentioned. said that there decisions to
the effect that when the law requires certain person
to make certain report the neglect do so is equva-
lent to making false report. In other words.
under such circumstances. no report Is false
report. ExJudge Fullerton insisted that Mr..
Purdy was In error, and that in such those
who failed to make reports only liable to be
charged with neglect OF duty, with keeping false
books. After some further discussion Mr.. Purdy said
that he would not the jury" the count in ques
ton, and Alfred Wild was recalled The only mat
ter developed by his Testimony that in 1871 Kuhn
Loeb Co. tried to negotiate In Europe large amount
OF Portage Lake consolidated bonds for rs cents on the
dollar. and that the negotiations broken of
count OF the disturbed state OF the country.
The subject Of the condition OF the Ocean National
Bank when II failed and Of Calendars securities which
were found in it, again gone at great length
and l. M. Davis the Receiver OF that bank. told his
twcerepored story about its property which came into
his hands, and about Wlds notes in 1t being under pro-
test. On the crossexaminaton Mr.. Davis stated that
when lie testified at the former trial. had Overesti
mated the of the National Bank to the
tent OF about scOoO that correct estimate Of it's
sets shows that its capital "entirey wiped out"
and that in October 1s7l It had 100000 "ted up
In unavailable securities" Returning TO the refuaton
OF the charge that bank OF good standing would have
loaned Calendar money on Portage Lake bonds and
Wld's notes. exJudge Fullerton called john Thompson,
who, In 1871, Financial Adviser to the First and
Fourth National Banks He testified that In that year
those banks lent Calendar money the securities
toned and that zone of the directors OF Of those
banks considered Wild good security" On the
examination, Mr.. Thompson said that Calendar now
owed the First National Bank about $780, and the Fourth
National Bank about 5000.
@ Did Calendar report upon those banks time
he examined themf A. guess not; do MT believe he
Ex-Jndgc Fullerton then read ex-Judge BIrdseye's
favorabe ana heretofore published opinion about the
pany, and about the vady OF IT. title TO its Michigan
lands, ExJudge Birdseye supported his opinion by
verbal testimony and the Examination he SAID
he presumed" that the opinion was wanted TO assist
Kuhn Loeb Co. in negotiating in Europe the BONDS OF
stormy discussion here arose to whether Mr.
Purdy could attack exJudgc Brdseyes character, as
clients aud not paid 1t to them 1t was finally decided
that lie could not and Nj Purdy drew from the witness
the fact that when the Ocean National Bank failed he
owed it 5000. but that it had been paid.
ExJudge Fullerton objected to the question, How
Purdy want to show that the payment he speaks of
was no payment. aud that exJudge Of the Supreme
court OF the state was mixed up win the gang ta,
from other National banks"
Mr. Dunlap, ex-secretary to Mr. Calendar, testified
that nc mad assisted him in making up the statement
relative TO Ocean National Bank ami that accord
ing 10 its bOOSs, 1t correct ID, Il Maugam, the
President of the National Trust Company, esaoI
III 1911 Wilds commercial standing good and ex-
Judge Fullerton said that he would close the evidence
for tue defense by reading the heretofore published re-
port Of Prof. Punpe aDOut the value OF the lands OF
the Portage Lake. Lake Superior, Ship Canal and Iron
Company, and about the good Prospects or the Com
pany. Before report read, however Mr. Purdy
allowed to call witness to prove that the Ocean
National Bank lnsoycnt on Oct. ana 4, lou
Among them was B. A. Mcdonald, the expert account
ant employed by the prosecution. He said tnat the
bank had not made dollar during the last three years
OF existence He also made still another long eA-
animation of the banks books, explaining them to the
Jury as he went along, aud claimed that they showed
1t was nearly O'Clock when the evidence for the de-
fense was finished but Judge Benedict directed ex'
Judge Fullerton lie strenuously objected 10
doing 80 ground tnat he much exhausted
Judge Benedict replied that he had fully considered the
matter and that lnsel must proceed. EXJudge Full
lerton again valnly objected To gong ON, and
said that 1t was a great hardship TO DO
the best effort possible. He finished his argument
az 63O D. m and IL substantially Identical with the
one made AZ the former trial, with the exception that,
An speaking or Caendars alK with the Controller oi
the Currency about the affairs or the Ocean National
Bank called the attention OF the jury to the fact that
the law does not require bank examiner 10 make a
written report upon any bank Whatever. Mr.. Purdy
began his reply exJudge Fullerton by saying that.
though somewhat tired he felt adequate 10 this ocea
fret trial OF this Judge Benedict VIII charge
tlta fn-lu