The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-05-21
BUSINESS IN THE OTHER COURT
UNITED STATES CIRCUIT COURT.

An Old Cnse-A Suit Against ex-Couector
Joshua +. Bailey.
The suit OF Theodore E Allen and Others against
Joshua F. Bailey, formerly Collector OF Internal
Revenue OF the Fourth district OF New York, has
been heard before Judge Nathaniel Shipman. 1t
was an action against Bailey, as Collector OF the
district IN question: for a distraint made by him in
his Official capacity on the properly OF the paintn
in the year 1867, for taxes assessed on manufac-
tured tobacco for the months OF March. April and
SCISSOR OF the Fourth district OF New jersey on q
distralnt made at the request OF the Collector or
sae assrcs OF rev Jersey inc axes
was as to whether an action or trespaSs could be
sustained against Collector Bailey. Thomas Har.
States Assistant District Attorney, for the govern
ment. The Judge has reserved his decision.
The First National Bank Of selma, Ala.
In the case OF @. CaddeIl Receiver OF the First
National Bank Of Selma, Ala, vs.. Isaiah B. Kirt-
land. Ira NJ. Hill, Henry Talmadge and Joseph M.
Myers the plaintiff filed bill in equity in this dis
trict in which he sets forth that the Selma Bank
Insolvent in 1867, ana renamed so since then;
that the defendant took from the assets $751;
which the receiver was entitled to, and that they
refused TO turn 1t over 70 the receiver. The bill
prays that the defendants should be adjudged to
give him this amount as receiver. The defendants
demurre1 to the Dill the ground that it did not
state which entitled the plaintiff 10 the relief
ne sought. Yesterday Judge Batchford allowed
the demurrer, stating that the bin set out no
ground for relief in equity 1t was simply prayer
to receive sum of money.
The Trial OF Calender.
The further trial OF the OF Charles Calender
was resumed yesterday in the United States Cir
cult Court room 81, Chambers street, before Judge
Benedict
Mr.. William Fullerton ana Mr.. Dudley Field ap-
peared as counsel for the defence, and Mr.. A. H.
Purdy. United States Assistant District Attorney
for the government.
Mr.. Stephenson, ex-President OF the Ocean
National Bank, was again called TO the stand, and
Mr.. Fullerton wanted to know rom him II the
money loaned By the bank 10 calender would have
been paid II the Chicago fire had not occurred Inc
counsel for the government objected to the ques-
answered. Mr.. Stephenson stated that in 1870 the
surplus OF the bank amounted to $3.50, 000 with no
bad debts charged against 1t. He further stated
that with G. j. Taylor's PERMISSION he had used his
name TO borrow IRON the bank ST., 000 and that he
mad used John Burnetts name Tor the same pur-
pose, with like understanding, to borrow $4,000
from the bank.
Theodore NJ. Davis, Receiver OF the ocean
national Bank, repeated his former testimony IN
regard 10 what he termed the worthlessness OF
the Donds which Calender had given security
10r the money he had borrowed IRON the bank.
During the progress OF the case there were
Tits between counsel both Sides and one of
the counsel for the defence, Mr.. Dudley Field,
seemed somewhat surprised az the sudden ana I'M
expected manner In which Judge Benedict silenced
him just as he was protesting that certain OBJ
8ervat0ns made by counsel Tor the government
were uncalied for and improper.
The further hearing OF the case was adjourned
tin this morning.