New-York tribune., 1874-03-28
The COURTS.
THE TRIAL OF CALENDAR.


CLOSE OF JUDGE FULLERToN's ARGUMENT FOR THE
pEFENsE-BEGINNING OF Mr.. PURDYs CLOSING
ADDRESS.
In the United States Circuit Court yesterday,
Judge Benedict presiding. exJudEe Fullerton resumed
his argument in defense Of exBank Examiner Charles
Calendar trial for accepting bribe OF $4,000 for
reporting favoraby upon the condition Of the Ocean
National Bank. Mr. Purdy urged, as link In the cir
cumstaniia evidence against Calendar thar he bor-
royed the $4,000 from the bank about the time OF making
his report upon its condition.; and in explaining that
concurrence acts Judge Fullerton spoke substan
TALLY as follows:
Calendar as was shown neither chose the time
money from IT, He was requested by exJudge Fancher
to make the examination, and II happened that
in other banks had matured and the purpose
Of meeting and for other purpose that at
ocean National Bank. "what, then becomes OF that
part OF the strong and convincing cireumstantial
weave around Calendar 1t is broken all TO pieces
as far the prosecution is concerned for II shows II It
1t would have dealt with any other customer"
1t claimed in the opening for the prosecution that
National which have failed, evidence Of his
general intention Of accepting bribes to influence his
action as a bank examiner, and eX-Judge Fullerton In
sisted that that theory had been exploded by evidence
the effect that the loans In question had nothing
whatever do with Calendar Ia his official capacity.
Turning his attention to CALENDARS report upon the
condition OF the Ocean National Bank. the counsel said
cause it made at the request Of exJudge Faneber,
aud his personal information II Is not, there
fore, proper foundation for criminal charge against
Calendar But suppose IL was an Official report The
preponderance Of testimony 10 the effect that 10 was
one that the bank in prosperous condition,
and that it failed account OF the Chicago fire, which
either ruined seriously crippled other banks.
Had II not been for that Tire the Ocean National bank
would have been sound institution to-day and Callen-
dars report upon il would have been verified Grant
ing tnen IL official report, the prosecution
has not shown that 1t untrue, aud the prosecu
must. therefore. fall To the ground"
I'm M indictment CaIlan.
dar that about Oct. 1871 he failed TO make 10
the Controller Of the Currency report OF the condition
OF the Ocean National Bank In meeting that charge,
ex,Judge Fullerton said that Calendar was st that
time under no obligations 10 make such report; and
that even II he was he knew that the Bank had fur
nished ts to ae Controller Of the Currency,
that, therefore report from him woud have been
but o work OF supererORarIoD," because the Con-
troler, being fully Informed to the condition
| OF the Bank could take such action he
| thought fit concerning 10. Prof. Pumpelly's re-
| mort and testimony relative 10 the great value
Of the iron and timber bonds OF the Portage Lake and
Lake Superior ship Canal Railroad and Iron Company,
and the testimony respecting the value, coateras,
Portage Lake bonds then reviewed at consider
able length and IL WAS claimed that they cOncluslve
proved that those bonds good securities for loans
when Calendar hypothecaed them, or at best That he
had every TO believe they we're good for ibe
1 amount borrowed on them. ExJudge Fullerton closed
his argument ny telling The Jury tbat the defendant
entitled the beneht OF reasonable doubt. and by
| severely denOuncing the doctrine advanced ny Mr..
Purdy that IL better 10 the side OF the Govera
SIDE of the accused because the latter
| have trial, while tno former cannot
Mr.. Purdy began HE closing argument for the prose
cuton By apoloeizBg for having several tues ost his
temper wHen greatly provoked ny the wiy old iawTei