The Statesman.
London, England, 1818-05-18 00:00:00

'THE STATESMAN

sew it in the Committee-room of the House of Com-
move, POT heard of WI a eery short time before,
when, (tom something he heard he referred to the
copy of the Treasurei's account, and saw the item.
When the thing *as first communicated to him he did
Pot believe it.—ln re-examination, witness said he
believed Mr. Platt, before be became a Dissenting
Minim's., was a doll.maker. He knew of no pro.
prey sneer what he had by marriage, and that con-
iisted- of some ground vents,. Ii was the duty of the
person who called out the items of the Treasurer's sc.
cAtaut.at the eadit,realck off theism' he might call
)10,14,4,1116itibt ,to call me me item, and yet
AWL A.ropis sum could not %mimeo audited at the
~Vll4l7lthillefal lanais* it meet of necessity have
meth -the previous eencl.lott of the Governors, and
- would isevichees prodoced. Whether any
mschnutice was give%4;the chords. as was referred
Ass at the M..11%0 alsearestry.on 00013(14 A ague
Ile WO not of blitown knowledge sap „tit was 61-
Inis•44.. on" cesTIN, Where Solicitor's bill was to
itpailm,;to refer.itao the Governors for approval.—
. kts,argaitot rels ties. to Mr. Merceron's prosecutions
.y.e? eery salsa ; be mrceemmrl it. in the general parish
,*mAat, bet whether it attracted the Governor's no-
s*, "snot, be could ant tell.
hip )hert Wrightson said that be resided in the
Irrielt et Si- Matthew, Bethoal.green. Ale was in
the b 7 of itteoding. the vestries. Ile attended the
ref the 6th stfi* April, 1814. His titivation had
zottpesly been 0040 the probability of Messrs.
10.1!andCrinfletyll'a *II for defending Mr. Merce.
,rowlepol; two indigments being brought forwa rd.—
iii.144;4114 11,0 Inetir for, nttendieg. Witness sat be-
.t,Tert Mr. 1131,att s'vl Nr. • Mermen. His reasons
aKftePiadoll bimetal( wes to inspect the bills, in or-
,Meats. Dein Led Crossland's bill was pro-
s that he .might oppose it. Mr. Platt called
dririthe items. As the items were called out, Mr.
Mieeceron produced the bills; when he produced
.
them, witness took them from him separately, and
landed them to the Chairman ; witness remained
. . _
ling to the end of the audit, and dur-
time he was satisfied that no such item
Crossland's bill for 1. ls. 3d. was
saw no paper respecting it, nor did
mg like it ; he never quitted his situa-
business of the meeting ; when the
died, he. with many others, signed
book. The entry of the 19th of A 4.
feral pages before his signature. When
had not the least knowledge of the ?n-
-and Crossland's bill. Some time lifter-
persons told him be had signed the audit,
*containing that account; he applied to Mr. May,
seestry clerk, to see the copy of the account, and
iihen sew it for the first time. This was about a
cznetith before he was summoned to the Committee of
4ltel,Honse of Commons.—ln cross-examination, wit-
-Mess said he was subpcensed in the former indictments
against Mr. Merceron—did" not think he was at
church on the 22d of August. He attended the meet-
ing on the 23d. Ile did not hear the notice alluded
to in the cross-examination of the last witness read.
He never heard any thing about a notice respecting
the payment of Messrs. Dann and Crossland's ac-
count. The thanks of the audit to Mr. Merceron
might have been pissed on the 6th of April, but he
did not recollect it. Platt examined the casting op
of the account t he had the book in his hand the whole
of the time, and he declared the casting up right.
Mr. Rich Bigg, also a resident in the parish of St.
Matthew, Bethnal.green, proved that he was at the
audit on the 6th of April; he was about the middle
of the vestry ; he did not hear all the items of the
Treasurer's book called over. The business had be-
gun before he went ; he thought he heard all the items
that were called while he was in the room; he did
not hear such an item as Dann and Crossland
9251. Is. 3d.," called over. Ile signed the book, and
when he so signed it, he was not aware that it contained
such an item as Dann and Croasland's bill.
In cross.ezamitiation, he said, when he signed the
aedit he intended to ratify the account.
Mr. William Henry Drouet attended the audit in
question, for the express purpose of opposing the
payment of Dann and Crossland's account. He
watched for that item, but never heard it called over.
If it had been called over, he was sure he must have
heard it. When he signed the audit, had he believed
Donn and Crossland's bill to he an item, he would
not have signed it. lie would have lost his right arm
drat ; he should have considered it a robbery.
In cross-examination, witness said he had been
prosecuted by Mr. Merceron, and convicted by the
verdict of a Jury, but never was brought up for Judg-
ment. He heard the vote of thanks to Mr. Meceron,
end beard many others which he did not think he de-
served. In re-examination, he said, he had been
prosecuted by Mr. Merceron for a libel in a notice to
call a vestry ; he was tried in this Court, but Mr.
Merceron had not thought proper to call him up for
' judgment. The requisition referred to the naming-
lion of Mr. Merceron's accounts.
Mr. Norton, partner to Mr. May, was present at
the vestry meeting on the 16th of August, 1813; he
also attended the meeting on the 23d of August, in
the same year ; he was there at the beginning of the
meeting : Mr. Platt was present. At the commence-
ment, the meeting was numerous. The first business
was a ballot for the election of a Collector of Poor
Rates. Remembered' Mr. Platt bringing forward
some resolutions, which he had brought ready writ-
ten. There were then, to the best of his recollec-
tion, about a dozen present. At first, at the ballot,
the vestry was full. They went away as they bal-
loted. The resolutions produced were Mr. Plattj'a
writing, and the same which he had produced.
they were carried' they were handed to witness.--
Witness could not say he was present at church the
Sunday before; had no recollection at the meeting
of a notice having been read relating to the objects
for the assemblage; he inferred that it was from ge-
neral usage. Was present at the audit on the 6th
April, 1814, but did not recollect Dana and Cross-
land's bill being called ; he could not speak to any
of the items. He never saw Dann and Crossland's
bill till the 17th April last, when it was delivered to
him in the same state in which it is now.
Cross-ezamined.—Before any vestry meeting was
called, a notice was entered in the publication
book, and this was read in the church. This was
the usual practice.
Mr. GURNEY here declared the evidence for tie
prosecution-to be closed.

[lt was at this moment announced, that the other
indictment aetpst the. Defendant, celatire to
er;anted to public-linens, veiuld nit be tried, until
Monday (this thy), and thttbe Court **old sit at
Guildhall, en Tuesday.] entA,
Mr. TOPPING, in a very eloquent and powerful ad-
siresa.to the Jury, impressed upon thefrininds that
the simple question for their consideration was,
whether Mr. Merceron had fraudulently, chortles.
finely, deceitfully, and unlawfully Inserted in
1116
account the item of Messrs. Dann and Crossland%
bill for the purpose of deceitfully appropriating the,
money of the parish to that account. Unless they
were satisfied that the evidence adduced on the part'
of the prosecution, sustained the charge so alleged on
the record, the Defendant would he entitled to an
acquittal. They could not fail to bear in mind mi-
lder what circumstances this serious accusation was
',brought forward. It was Nought forward 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 whose
demeanour for that long period of service defied the
malice, the envy, the vindictive spirit of those, who
thus, 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 et
which 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 bay.
log occurred in the year 1813 t and that it.arol out
of those unfortunate disputes which had so long ewe.
broiled the parish--disputes which, it was lamentabli
to observe, had acquired additional heat since the
present Rector had come into the parish. The evi.
dente adduced in support of the charge, he contend-
ed, had completely failed of its object, because, so
far from its showing that the Defendant had acted
clandestinely in this transaction, it must satisfy the
mind of every dispassionate observer, that publicity
marked the whole proceeding. Two of the witnesses
only had said that they did not bear the item of
Messrs. Dann and Crossland's account called out ;
•nd the others were nut 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 cogni-
sant of the question which they were called upon to
determine. After a great variety of powerful obser-
vations upon the circumstances of the case, which
we have not room to detail, the Learned Counsel
proceeded to call his witnesses.
James May, the younger, produced the notice
book of the vestry meetings of the parish, containing
the entry of a notice of the 6th of August, 1813,
which he believed to be the hand.writing of a clerk
named Hilary, then in the office of his father. There
was also a notice entered of the 3d of April, which
in great part was witness's hand-writing, which was
afterwards entered in the publication book for the
succeeding Sunday. Looking at the audit account
book in question, containing the item of Dann and
Crossland's account, it was in witness's hand-writ-
ing, and was a faithful copy of Mr. Merceron's book.
This was afterwards kept in his father's office. The
notices in the publication book went from his father's
office by the beadle to the parish clerk, for the pur-
pose of being read in the Church.
Cross-essmined.—The clerk, Hilary, he spoke of
was now alive, and lived over the water. Did not
know who authorised the notice to be put in the pob.
lication book.
Samuel Ames, sen. parish clerk of Bethnal-green,
proved, that on Sunday, the 22d of August, 1813, he
read in the church, between the morning Service and
the Sermon, a notice of the audit of Mr. Merceron's
account on the following Monday. This notice was
read, and it appeared to embrace, besides other items,
a notification that Messrs. Dann and Crossland's bill
for law 'spruces woold be taken iuto consideration
on the following Monday.
The Rev. William Francis Platt stated, that he
was a Dissenting Minister residing at Bethnal-green,
where he had lived 19 years, daring which time he
was a vestryman of the parish; attended the Vestry
Meeting called on the 23d of August, 1813. It was
a numerous meeting. Was at that time a Governor
of the Poor; heard the notice read as to the objects
of the meeting. The Resolutions as to the law es-
pences charged by Messrs. Dann and Crossland were
drawn up by himself; they were put and seconded,
and carried unanimously. Ile also attended the
Audit Meeting on the 6th of April, 1814; he held
the book while the several items were called over;
lie went through all the items then submitted to the
Vestry for audit. As far as he could recollect, he
called over the item of law espences, 6` Dann and
Crossland, 9151." and at the same time lifted up his
shoulders, and expressed his astonishment at the
amount. Believed that be called over all the items
so audibly, that every body most have heard them ;
and so intended. Thought the meeting numerous.—
The book was before him, and any body might have
looked over him. Conceived that he ticked this
large item. Ile cast the items of the amount him-
self. Staid till the end of the meeting, and signed
the book. There was then a Resolution of Thanks
passed to Mr. Merceron, and a Requisition that be
would continue Treasurer for the succeeding year.
Heard no objections to the account.
Cross-examined.--Had been 40 years a Dissenting
Minister, and 30 in the parish. Ilad never been of ,
any other other calling, and was glad such a question
had been put. Was not conscious of any communi-
cation between him and the Defendant, between the
6th of August and the 23d of August, 1813. Did
not attend the parish church when the notice was
read in the church; but bad beard of it, and might
have heard of it from Mr. Merceron; probably be
heard of it on. Monday, the 23d of August ; the
Meeting took place about eleven o'clock on that
day: had no doubt he had heard of the intended
Meeting in the week preceding the day it took place:
conceived he wrote the Resolutions on the Monday
morning : would not swear one way or the other;
believed he wrote them on the Monday morning; the
'Resolutions arose spontaneously in his own-mind,
considering them proper for the occasion. Had no
doubt that he had frequent communications with the
psrishioners shout the Resolutions, in asmuch as/the
parish was then much disturbed and in agitation.
Could not say these Resolutions were not meditated
before. . Had not seen Dann and Crossland's bill
before he wrote the Resolutions ; and had not
the least intimation that that bill had beg corn.

muniqeted tlitsparish before the ReillhWili‘itlive
draw* hp.' Hui not been it the habit of ;suiting
Itesoletiosa, Of "Vending vestry meetings, untie`ait
eight years age, when the Rev. Mr. King me
Rector of the parish. Had frequently drawn op Re-
solutions lately; before the audit day, 6th of April,
had not been in the habit of calling over the items
Mr. Merceron's accounts ;..ted had never seen the
account in question before: 'Called out the items not
in a loud, bet in an audilltiFkine, which every body
might hear; and upon callieg out Dann and Cross-
liked's bill, shrugged up his shoulders, and said,
" What a monstrous busineu it is." Recollected,
distinctly, an acccount produced by Mr. Merceron,
which the latter held in his hand, to check the item
the law eapences, and upon seeing that, he ticked ti
item. Would not swear that any body else.but him-
self saw Messrs. Dann and Crossland's account.—
Could not swear that any body else called out that
item in the account. Did not seen,the nem of Dann
end Crossland, but saw the amount on the back of
it. He knew of one instance in which a Solicitor's
bill was referred to a Committee before it was paid.
When he proposed a Resolution that the ezpences of
the prosecutions should be paid, be made no enquiry
respecting them.
James Brown Un win said he was a surgeon and ac-
coscheur : he had lived eight years in St. Matthew,
Bethnal-green •hew as a Commissioner of the Assessed
Taxes and Land Tas, and also a Governor by Act
of Parliament. He was present at the vestry meet-
ing on the 23d of August : he 66 sager" the Resolu-
tions passed, and did not see a dissenting voice.—
He was also at the audit meeting on the 6th of April.
Mr. Bishop was in the Chair; he believed M r. Bishop
" war" a shoe-maker. He heard Mr. Platt reed
over the different items of the treasurer's meeting, I.
his judgment loud enough for all the /Wry to be n.l
Most assuredly he recollected hearing Dann and Crosse
land's names called over, and, moreover, he bad a
conversation about it after. He beard the sum nine
hundred and " hodd ;" but not the exact sum.
Several other witnesses were then called, who
merely corroborated the foregoing; and Mr. SCAR-
tarn rose to reply, and observed, that if, at the
opening of the business, he had felt any confidence as
to the result, that confidence was increased to con-
firmation by the evidence they had just heard. They
had been told that the life and death of Mr. Merceron
depended on the issue of that trial, fur that his
honour was dearer to him than his life. Certainly
any man, with the common feelings of a Gentleman,
must suffer most severely such an imputation upon his
character ; but it was very evident that Mr. Merceron
was a man content to take money from funds on
which he had no claim ; and he might, perhaps, feel
regret, but a sense of shame would never trouble him.,
He should, however, stand or fall by the broad facts
of the 'eve, for he would not enforce the minutiae.
It appeared in evidence, that on the 10th of July he
paid the account of Daun and Crossland, and there
was no doubt he immediately conceived the idea of
making the parish bear it, for on the 19th of August
he charges it to the parish in his book ; aud it was not
till the 23d that he could boast even the authority of
the audit, of which so mueh'had been said. But of
what nature was that audit ? The persons composing
it were obviously the engaged allies of Mr. Merceron
to fight the battle fur him from the beginning to the
end, even with their eyes closed.
Mr. Justice A satr, in his charge to the Jury,
went over the whole of the evidence, and comment.
ed at large oe the particular points of it ; observing,
that for the defence, it was at least extremely con.
trudictory, and in some instances even impossible.
—The question was, Had a full and fair notice been
given of this audit, or bad it not ? And it certainly
appeared to him that it had not. It was incumbent
on the Defendant, knowing the animosities that ex-
isted against him in the parish, to have given the ut.
most publicity to this transaction, if be bad meant
uprightly. The prudent man, at least, would have
been careful to have avoided suspicion. But this was
not the case ; for it was evident there were not more
than ten or twelve persons present, and they were
the sworn friends, as it were, of the Defendant. The
law says, that money raised for the use of the poor,
should not be applied to eny other purpose. If,
therefore, the Jury were of opinion that this bad
been otherwise applied, it had beets so done uo;aw-
fully ; and if they thought sufficient notice had not
been given, it had been done clandestinely ; and they
would of course pronounce accordingly.
The Jury immediately, without retiring from the
box, pronounced the Defendant—Gni/U.
He was ordered to be brought up on the fourth
day of next Term for judgment.

South
ing

. Madi
lorm
most

PRINCLSS Or W•LES' poolic DAY KB FT.—Holiday at the
Offireo.

THE STATESMAN•

LONDON:

MONDAY. MAY 18, 1818.

advantages
passing .
British Colonial System. " This Bill," says the
National Intelligencer, •• proposes a change in
'eor system of navigation, which, without being
Kahle to the objections which apply to general sys•
tems of restriction, promise material advantages to
that important interest which at present languishes aa.
der the disadvantages with w hick it escosetets the Bei.
fish restrictions on an extensive branch of our tritue:i
There is no reason for supposing that these new cum.
mercial regulations are the result of any inimical
feeling towards this country ; on the contrary, they
seem to have entirely originated in a wish to obtain
for the commerce of the United States, those advantages
to which they may think themselves fairly entitled.

from the beginni
igg that whole 0
as Dane and Cr
piled out. lie
beer any thin
rttite asring the I
iveOtt was field
.1410 :rimescrer's I
grgitto severe
nod he hod
try,of Dann an
awards some per'