New-York tribune., 1874-05-16
THE COUKTS.
-AIJENDAR,S SECOND TRIAL

CALENDARS SECOND TRIAL.
OPENING ADDRESS OF UNITED SITES ASSISTANT DIS
TRICT-ArTORNEY PURDY-AN IMPORTANT CUES
TIoN UNDECIDED.
The second trial OF ex-Bank Examiner
Charles Calendar, charged with accepting bIibe OF
$5 for reporting favoraby upon the condition oil the
Ocean National Bank, begun yesterday IN the
United States Circuit Court before Judge Benedict
The opening remarks Of Assistant United states Dis
trctAttorney Puriy, who conducts the case ior 'he
prosecution, almost identical with those maze ny
him at the first trial He referred to the difficulty OF
proving by direct evidence, the commission OF inc
crime OF bribery and said that he would fasen Cal
lendars guilt upon hm by crcumstantia evidence 100
strong convincing to be dsbeeyed and dsregarded
by An intelligent Jury"
ExJudge Fancher repeated his testimony TO the effect
that in 1871 he stOckholder ia the Ocean National
Bank that In September OF that year no requested MT
Calendar make examination OF the ailrs OF the
bank and report thereon to the Board OF Directors and
that he did Mr. Purdy then offered the report in ev-
dence, aud exJudge Fullerton senior counsel for the
defense objected the ground that it had not been
made in official capacity Judge Benedict ruled thas
the report sufficiently Official In its character ana IL
accordingly admitted in evidence. IL states, In
substance. that on Oct and 3, 1871, the BANK was IN
such good condition that good management and good
luck would place 1t among "the soundest insttu-
tons OF the country" This statement it appears, was
checked" In other words Mr.. Calendar trusted solely
to such figures rs the officers Of the bank had put
upon It's books. On the crOss-examnation, ex-Judge
Fancher said that he did not ask Mr. Calendar to make
report to the Controller Of the Currency that during
a few months previous TO tho making of the report tue
bank had made profit of about $4,000 Ihe rest OF ex'
Judge Fanchcr's testimony substantially the same
that given the former trial, and Judge Benedlet
said he should before rule that II made no
difference whether Calendar did or dld not receive
money from the Ocean National Bank In the usual course
OF business because IL he took for tho purpose OF IN
iuencug his official action, It matered not whetner ne
borrowed it, whether 1t was given TO him outright
Columbus s. Stevenson, eX-Presldent or the ocean
National Bank reold the story OF that Banks oanlug
Calendar money Portage Lake bonds as security
and about his checks being counted as casn tIo worth
OF which unpaid when the bank failed, on Dee H.
1871 Mr. Purdy asked Mr. Stevenson IL he would have
loaned Calendar monev IL he had not been bank ex,
amner and exJudge Fullerton objected on the ground
that Mr. Slevensons Intention In loaning money TO Cali
lenaar had nothing whatever 10 do with tho iatters
motive In taking II. Mr. Stevenson's intention, ne
claimed, might have been corrupt, while Calendars
was perfectly innocent In other words, Mr.. Stevenson
might have thought that he bribng Calendar when
Calendar had intention whatever OF being brIbed
Judge Benedict sad that that WAS very interesting
and important question, and that he would reserve MS
decision TIL Monday.