The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-17
THE OCEAN NATIONAL BANK.


Trial of Charles Calender tor Having, as
Alleged, Accepted ~ Bride to Influence
His OaiciaI Action as Bank Examiner.
The trial of Charles Calender was resumed yes
terday in the United States Circuit Court before
Judge Benedict. The defendant, it Will be remem-
bered, is indicted for having in the month OF Octo-
Der, 1871 in consideration or a bride or $4,000,
made a false and untrue report in relation to the
AFFAIRS aud condition OF the Ocean National Bank
OF this city. On Friday last nine Jurors were OBJ
tanned. and Yesterday, when the Court met there
was no trouble experienced i'll securing the re-
manning three. The names Of the jurors are as
follows David c. Waring. Charles G. Godfrey,
John S. Foster, Charles K. Randall Hugh W. Hun
ter Ebenezer L. Ferry, samuel Z. Brushe, DAVID
NJ. Valentine, Richard Armstrong. George L. Fer
ris. Abraham Harris and William Gardiner
Mr.. A. Il. Purdy, United States Assistant District
Attorney. appeared for the prosecution. and Mr..
William Fullerton for the defence.
OPENING STATEMENT FOR THE PROSECUTION.
Mr.. A. II. Purdy gave a briel statement on the
part OF the prosecution declaring that at the time
Mr. Calender made the report in question. which
was favorable to the ocean Bank, that establish
ment was In a hopeless condition OF insolvency,
ana that for rendering such report Calender
had received, as ne mr. Purdy) proposed 10 show,
bride OF $4,000. This bride influenced his
official action as bank examiner ana leo Mr..
a
diton OF the ocean Bank Which was false and IN
true.
TESTIMONY OF Ex.JUDGE FANcHER.
EX-Judge EnOcn l. Fancher was called to the
witness stand Tor The prosecution. Having been
sworn, he said:-i was a stakeholder and deposit
tor In the ocean National Bank in 1871: for some
months OF that year had been a director; had
previously been attorney or the bank; was elected
director OF the bank in 1871; | know Charles Cal
lender, the prisoner: my acquaintance with him
began in 1871 had known him by sight prior 10
the fall OF that year but ! did not know nm 10
Sol
1871
Mr.. Fullerton objected to the question. If Mr.
Calender did anything IT could, he supposed, be
q. DO you know whether he made an examina-
non Of the AFFAIRS OF the bank
1t ought TO be produced.
Judge Benedict-He does not ask Tor the report
witness know tnat MIR. Calender made an eX-
ANIMATION OF the bank; / requested him TO DO 1t,
and be said he did IL this conversation was in
the last OF Septe nber, l'71: think the examina-
ton itself was IN the early days or October, 1871.
q. What sort Of an examination twas he
at the time III your employ IN any way, or
expert A. No; sought him ana requested him
to make the report, because he was United states
Examiner Of Banks, ana spoke 10 him in hts
Official capacity; he has had a nigh reputation
a. examiner.
Q. DID ne make any verbal statement to you OF
the Sonditlon OF the bank
MI. Fulerton-ls that proper
Judge Benedict-Iudge Fancher says that Cal
lender told him he made an examination. DId ne
make report IN writing?
Mithess-He made report in writing.
MI. furdy-Could you Identity itl
witness think could
Mr. Purdy-rhe report is not here but have
sent for It,
g Did Mr.. Calender, in reporting on the affairs
OF the bank make statement to YOU OF his own
Indebtedness to the bank
Mr.. Fullerton object to that. 1t makes no dll-
ference whether he did or not
Judge Benedlct-It depends upon the kind of *
animation he made
Witness-He aid not make any statement 70 me
had, fu4
edge or suspicion that he had any pecuniary trans
actions witn the bank; this examination was
made at my request, and with view o. ascertain
ing II could take my seat with the directors of
the bank; had been absent rom the city since
June, and on my return sought Mr.. Calender for
The purpose OF asking him TO make the eXaInina-
ton he said he would do so, but that IT would
ne said he was at work on the examination and
that ne was nearly through with u; he mace
verbal statements 30 me, and told him to put II IN
writing and submit IL to the Board OF Directors;
he attended few days alter, meeting OF the
Board OF Directors, al which was present: ne
made d report on the statement book OF the bank
and signed his name 10 IT, or ne wrote some re-
marks, If they can be called "A report
Cfoss-eXamined--rhc examination which asked
MT talenuer 10 make was made at my request so
that might intelligently take a course in becOm-
ing director OF the bank; sought him because
ne was bank examiner: the report was made Tor
my information; did not ask him TO make an ofi-
ciai report asked him because he was an expert
Dank examiner he made report verbally to me.
and asked him 10 make 1t IN writing TO the Board
Of directors; ne made that statement on the bank
poOk' III Is NOT an Official report to the govern
ment, put was made for the directors OF the bank
and those who had right TO see it: probably the
omcial report 70 the government Is made in q
different form altogether.
TESTIMONY OF Z. n. BISHOP,
Edward ID. Bishop swOrn-l was bookkeeper OF
the Ocean National Bank in October 1871: book
prOducedl; the page OF this book containing a
statement OF the AFFAIRS OF the bank on the III day
ol october, 1871, Is all In my handwriting exeept
.ne MEMORANDUM at the bottom, and snouid say
that Is IN Mr.. Calendars handwriting.
MI Purdy offered the memorandum or statement
Of Calender In evidence
Nv. MI, ruheIton said this did not seem 70 be proper
hnu ne went on 10 ask the witness IL the Dook was
pne OF ,he bank books. Witness replied thar n was:
.mas tne statement was no; one 60 De sem TO the
tOmptroher OF the Currency but one ior The In
tVrmssion Of the officers OF the hank Mr. Fuller.