Year: 1874

CLOSE OF MR. PURDYS ADDRESS - THE JUDGE 8


CHARGE-THH JURY UNABLE To AGREE.


In the United States Circuit Court. on Satur-
day, M. pa.dy s.i.hod closing argument for the
prosecution IN the case OF Bank Examiner Charles
Calendar, indicted for accepting bribe OF $4,000 for
reporting favorably upon the condition Of the Ocean
National Bank and Judge Benedict charged the Jury
substantially a follows shall express no opinion
upon the guilt innocence OF the defendant
in this case, and the only question for
the Jury 10 determine is: Did Calendar
accept money from the Ocean National Bank to influence
his official action in making report upon its condition
Whether not he borrowed money from that bank win
the intention OF repayng IT, has nothing 70 do with this
case He had right to borrow money from II II he
wanted TO- It was proved that It the defendants
duty to report condition OF that bank to the Con-
troler Of the Currency. IL also conceded that IT
was his duty to do 80; and the only Ques-
tion here is, Why did he not mako the re-
porti TIE Government charged that money was
loaned TO influence him TO withhold tho re
port which he should have made. Then how are You
to find out the intent with which he took the money
1t must be judged by the surrounding circumstances
Though Calender not tried for taking money from
other banks yet when transactions are OF the same
they may taken into consideration as tend
ing to throw light on the charge in the indictment You
will only todecide, then. whether Calender took
the money with the intent influence his official action
and whether the taking OF 1t induced him 10 withhold
his report upon the condition OF the bank"


The jury retired about p. and al $50 wrote lei
ter the Judge stating that they would like to have the
banks statement book, tS report TO the Controller OF
the Currency made about Oct g. 87l and check for 500
alleged to have been paid by the bank for an examin
its affairs. The book, the report and the check
given the jury, they locked Tor the
night. At a. IN, yesterday, the jury returned 10 the
Courtroom, and stated that Impossible Tor them
10 agree One OF them about to ask for instrue-
tions but the absence OF counsel Judge Benedict de-
clined give any and they again retired Till $3.50 p M
when they returned aud very emphatlcally stated
that they could not agree. Tue Judge
told them that he appreciated their feel
ngs bu that the 80 important, the issues so
sharply defined aud condition Of the evidence such
that however unpleasant IL was his duty TO remand
them further deliberatlon One or the jury then
said that, for bumanitys sake, they should De dis
charged Another remarked that II kept out TIL they
agreed some OF them would be forced 10 give verdict
contrary their honest convictions and still another
SAID that they had reached point where argument was
not only useless but impossible. They then retired III
very pleasant state or mind and with the request,
which granted, that the Judge would wait haf ali
lie waited nearly two hours, aud bad them
again brought before him. He told them ne was sorry
that could not discharge them but that under all the
taDces, 1t his duty 10 keep them together
further delberaton and that when they had agreed
they could send word 10 HIM In Brook when lie would
and receive their verdict.


AT I0l5 the Jury after having been out Tor 80
hours into court and announced that they were
unable To decide upon verdict They were thereupon
discharged. Ii understood that they stood ten for
conviction and two for acquittal.