APPENDIX TO CHRONICLE. 281 



announced. Through his hands 

 every bill and voucher passed, 

 and among them was not that of 

 the defendant's attornies. 



The evidence of Mr. Richard 

 Bigg confirmed that of the last 

 witness : he was not present 

 durinjj the whole of the audit. 

 He was followed by JVIr. Drouet, 

 who had been prosecuted by Mr. 

 Merceron, for a Hbel, and by Mr. 

 Norton, partner with Mr. May. 



The case for the prosecution 

 was here closed. 



Mr. Topping addressed the 

 Jury at considerable length for 

 the defendant ; the simple ques- 

 tion for their consideration was, 

 whether Mr, Merceron had frau- 

 dulently, clandestinely, deceit- 

 fully, and unlawfully inserted in 

 his account the item of Messrs. 

 Dann and Crosland's bill for the 

 purpose of appropriating the 

 money of the parish to his own 

 purposes. Unless they were_ 

 satisfied that the evidence ad- 

 duced on the part of the prose- 

 cution sustained the charge so 

 alleged on the record, the defend- 

 ant would be entitled to an 

 acquittal. They could not fail 

 to bear in mind under what 

 circumstances this serious accu- 

 sation was brought forward. It 

 was against a gentleman who for 

 30 years had filled the annual 

 office of treasurer of the parish, 

 without the slightest imputation 

 upon his conduct — a gentleman 

 wliose demeanor for that long 

 period of service defied the 

 maUce, the envy, the vindictive 

 spirit of those, who by the most 

 active industry had found means 

 of producing a solitary allegation 

 of error. The jury also could 

 not fail to bear in mind the time 

 If 



at wliich this charge originated. 

 It found its way, for the first 

 time, into a Court of justice at 

 the end of the year 1817, — the 

 supposed act of misfeasance 

 having occurred in the year 1813: 

 and that it arose out of those 

 mifortunate disputes which had 

 so long embroiled the parish — 

 disputes which, it was lamentable 

 to observe, had acquired addi- 

 tional heat since the present 

 rector had come into the parish. 

 The evidence adduced in support 

 of the charge, he contended, had 

 completely failed of its object, 

 because, so far from showing that 

 the defendant had acted clandes- 

 tinely in this transaction, it must 

 satisfy the mind of every dispas- 

 sionate observer, that publicity 

 marked the whole proceeding. 

 Two of the witnesses only had 

 said that they did not hear the 

 item of Messrs. Dann and Cros- 

 land's account called out; and 

 the others were not present 

 during the whole of the audit. 

 Now, he was prepared to show, 

 by a host of respectable witnesses, 

 that the item was publicly called 

 out, and that the vestry were 

 perfectly cognizant of the question 

 which they were called upon to 

 determine. After a great variety 

 of observations upon the circum- 

 stances of the case, the learned 

 counsel proceeded to call his 

 witnesses. 



James May, jun. produced the 

 publication-book containing the 

 notices read in church. On 

 reference to it, a notice was 

 found which purported to have 

 been read on Sunday the 22nd of 

 August ; another notice was read 

 on the 3rd of April. He also 

 produced the copy of the audited 



accounts 



