The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-18
THE OCEAN NATIONAL BANK.
The Trial OF Charles Calender.

The Trial OF Charles Calender.
Yesterday morning, in the United states Circuit
Court, No. 81 Chambers street, Judge Benedict re-
sumed the trial of Charles calender, who Is in
dicred for having accepted bride Of $4,000 to
influence his official action as bank examiner
when reporting on the affairs and condition OF the
Ocean National Bank, of this city, in October 1871
Mr.. A. H. Purdy, United States Assistant Dis
trict attorney, conducted the prosecution, and
Mr.. William Fullerton appeared as counsel for the
defendant.
CROSS EXAMINATION OF COLUMBUS s. STEPHENSON
CONTINUED.
Tie cross-eXamnatiOn Of Columbus s. Stephen.
son was resumed by MIR. Fullerton. witness
said THE loans made to Mr.. Calender were what
! should call accommodation loans; expected
they would be paid in day or two; the checks
which he left as security were not placed to the
loan account; these checks were counted as legal
tenders; think such proceeding was irregular
we had some god certificates at that time.
@. What was said about returning these loans
am speaking now about the four checks Of DC.
tober, 1871 A. Mr.. Calender told me that he had
O loan in q certain bank-I forget what bank that
they had called on him to pay the loan, and thar
they would let him have the money in day OF
two; he wished me to let him have the money to
take up the loan under these circumstances let
nlIu nave Cue mOuey TeSarucQ lOauS as sale
at that time, as he gave me collaterals.
O. Did you understand from him at the time
what those loans we're for that he had made on
those various banksp A. ! do not think he said
anything about 1t at that time
q. Do you know9
objected to.
@. Had lie told you at any timer
Mr.. Purdy-I object
Mr.. Fullerton-I want to show the purpose for
which the loans were made 1t will do no harm to
60 into matter OF this kind and develop it fully.
] want Mr.. Calender to be judged in the light Of
truth. verify believe, as do in my own exist
ence. that he IS not guilty or this charge.
Judge Benedlct-lt Is not professional for coun-
sci to say that he believes either In the innocence
or guilt OF his chent. 1t may have effect on the
mind OF the Jury. The question is as to the law or
Mr.. Fullerton-I will not repeat that. believe
the jury Will not be influenced by whatever may
ment, to show that everything connected with
these loans should go before the jury.
Judge Benedict-As understand, the defendant
Is indicted for receiving the four sums Of money
mentioned in the checks to influence his Ofilclal
ton as bank examiner. That he received this
money seems clear from The evidence. Ii from the
evidence the Jury believe that he received it to IN
nuenoe his official action as such bank examiner,
tney must ISL convict him. If not they must acguit
il he threw 1t into the river that Is no matter.
But II he took those sums with intent TO influence
Ills OuCidi bCtlOu uc LuubL D6 COQVCCeu. lOuT
offer does not seem to bear on the question at all.
Mr. Fullerton-I want the Court to let me show
what was done with the money, that when the
money went out OF Mr.. Cailender's hands MS hands
were clean. That bears on the question of intent.
If be owed the debt individually the jury might
infer corruption.
Judge Benedict will not allow the question.
The question Is whether his hands were clean
when he took the money. II he intended to throw
the money OF the dock IL made no difference. Did
he take 1t to influence his officiaractop, and what
was his Official action9 RUE out the question
you have put
Q. Had the Ocean National Bank any interest in
having those loans paid or that Mr.. Calender
spoke OF at the time this money was borrowedf
A.. NO further interest than to protect theH
selves; they had an indirect interest In Keep
ing the Portage Lake bonds Off the market,
because they were not quoted at the Board,
and they we're brought to sale that
would appreciate their value Mr.. calender
apprehended that those bonds wonld be nut upon
the market II the bonds were not paid the pro.
lection OF our bank In that way Influenced me
some little In letting MIR. Calender have the money.
z. You saiu you would not let any other person