The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-05-28
THE TIM DIVORCE SUIT.
4 Relic OF the Panic-Mr Bankers Half
Eillion Dollar Note.
BUSINESS IN THE OTHER COURTS.
The Central Branch Pacific Railroads.
Woman's Lottery Experiences.
CHARLES CALLENDER's TRIAL.

The trial OF Charles Calender was resumed yes
terday in the United states circuit Court before
Judge Benedict.
OBJECTION TO TESTIMONY WITHDRAWN.
Mr.. Fullerton addressing the Court said-'I
withdraw my objection made yesterday, TO the
testimony OF Mr.. Mcdonald, who was called as q
witness Tor the government. am willing that he
should testify that the Ocean National Bank was
tnsovent on The Sd and 4th OF october. 1871. I
would like to see Mr.. Mcdonald put ON the staud.n
To this of,er Mr.. Purdy replied that having
already offered to prove py Mr. Mcdonald that the
ocean Bank was insolvent at the period in ques-
ZION, and having been unable to do SO under the
objection OF counsel on the other side, ne was now
unwilling TO accept the offer made. He did not
propose again produce Mr.. Mcdonald as y wit
ness nEtil he saw 1T to do so.
Judge Benedict do not think counsel for the
government is obliged to produce Mr. Mcdonald
now: but he can call him in rebuttal II the defend
ant offers evidence to show that the bank was
sound and solvent AT the time mentioned.
Mr.. Funerton-I desire to inform the Court that
j shall introduce evidence to prove that the bank
was solvent at the time speclned-the Sd and 4th
Or October. 1871.
On the previous day of she trial motion had
been made by MIR. Fullerton to strike out all the
evidence gwen In reference to Calendars transac
lions with the Union Square, Atlantic and Common
1cBLerQay,
examination OF Mr. Mcdonald had been settled,
Judge Benedict stated his decision. denying the
mOt1on 20 strike out the evidence in question.
OPENING STATEMENT FOR THE DEFENCE.
Mt. William Fullerton then made the opening
statement for the defence, claiming that when Cal
lender borrowed money from the ocean National
Bank he did so In the honest and regular course OF
business; that the evidence failed TO show that
there had been any attempt TO influence his of1cial
action a. bank examiner, or that his Official action
was Influenced by the loan and that ne never &C
cepted, ana never intended to accept, a bride in
the form OF money borrowed from the bank
The defence then called witness, and mass OF
that Callenders deposits in the Ocean Bank ex-
ceeded the amounts OF money loaned to him at
various times by the Ocean Bank. 1t was shown
that some OF his overdrafts were made good. The
passbOOk OF the defendant with the Ocean Bank
WAS put IN evidence and the Items therein were
compared with the corresponding items in the
ledger, but the witness was unable to say whether
The items represented money deposited, discounts
or loans.
MT. Hurlburt, ex-Comptroller OF the Currency,
gave evidence Tor the defendant, stating that not
long after the occurrence OF the Chicago fire CAL
lender had a conversation with him regarding the
ability OF the Ocean Bank to meet the cOnse-
quences OF that dre; Calender said ne had MADE
m examination Of the bank and reported to w.t.
ness It's condllon; witness was aware, on the Sd
and Attn OF october. 1871 that some OF the securi
ties OF the bank were not available; he referred to
The bonds OF the Portage Lake Company
Mr.. Fullerton offered to prove by the witness
fhat Calender wrote him private letters in rela-
ti0n to the affairs OF the Ocean National Bank just
about the time OF the transactions alleged against
Calender, and that those letters never went
0Ie In the department at Washington
Mr.. Purdy objected to the ofrer. The letters
themselves would be the best evidence; but their
loss should be first proved.
Judge Benedict did not see how this was ma
terial unless the witness had knowledge OF the
bank from an examination OF II. He would rule
ont the question.
further hearing OF the case was adjourned till this
morning.