E. J. & H. S. LAWFORD.

PROCEEDINGS

INSTITUTED AGAINST

PEDRO DE ZULUETA, JUN., ESQ.

From the moment I left the Committee of the House of Commons, on the 23d

of July, 1842, I never again heard of this matter until Wednesday the

23d of August, 1843.

On that day, between two and three o’clock in the afternoon, I was

sitting at my desk in the private room of Zulueta & Co.’s office, 22,

Moorgate Street, in the City of London, when a clerk came into the room

to announce that a gentleman of the name of _Scoble_ wished to see me.

“Do you know him? He says that he is not known to you.” Upon this I went

out into the clerks’ office and found the individual, thus calling

himself, standing outside the counter. I asked him his business, and he

replied that _he did not call upon his own business_. He asked me, in a

pointed and distinct manner, if my name was Pedro de Zulueta, which of

course I instantly acknowledged. “_I do not call on my own business, but

to introduce a person who wishes to speak with you. Shall he see you

here, or at your house?_” “I should like to know first who he is; what

is his name?” “_You do not know him, his name is Brown._” “I do not

recollect any person of that name,” I replied. “_He is below, if you

like to see him._” The first impression on my mind was that the whole

was some ridiculous mystery about some great trifle, and I thought I

could not dispose of it better or more quickly than by seeing the man,

so suiting the action to the word, I said, “I will go and see who he

is,” and opened the door which leads from the office into the

landing-place at the top of the stairs. No sooner was I outside the door

than the individual, calling himself _Scoble_, addressed me in a tone

different from the insinuating manner in which he had done before--not

rude, but solemn--“The fact is, Sir, that a true bill has been found by

the Grand Jury against you for felony, and there is an officer below to

take you into custody. I did not like to state this before the clerks.”

The first impression I received at hearing these words I cannot give any

account of, but it certainly struck me as the whole thing being a trick.

“What do you say, Sir?” I asked; and the assertion was repeated, adding

that the charge was slave trading. Then I was still more confirmed that

there was some trick in the case. I asked the policeman, who was within

the house and apparently in the act of ascending the stairs, to be

called up, which Mr. Scoble did, and both were shown by me into the

private through the public office. My father was sitting in the next

room, and when I tried to make him understand the case, seeing the

policeman and Mr. Scoble, he received the same impression of the whole

being a trick, which raised his indignation at the audacity, and made

him address Mr. Scoble very angrily. Mr. Scoble was evidently anxious to

leave the room; and the policeman, to whom he gave strict directions

about what was to be done with me, having assured me that the thing was

in earnest, that I must go with him, I opened the private door for Mr.

Scoble, who left the office repeating his injunctions to the officer,

that I must be taken directly to the station-house, where Sir George

Stephen would immediately go.

We had never before heard Sir George Stephen’s name, and my father

thought he might be a magistrate. He tried to ascertain from the

policeman by whose authority he was acting, but we could not obtain from

him any thing that we could understand. He waited until Mr. John

Lawford, of the firm of Messrs. Lawford, of Drapers Hall, our

solicitors, arrived, and then we proceeded to the Garlick Hill Police

Station-house. There Sir George Stephen appeared: he did not know me,

and asked which was Pedro de Zulueta. When my name was mentioned, I

answered to it, and then he preferred the charge as will be found in the

succeeding page.

Mr. Lawford spoke aside with Sir George Stephen, for the immediate and

pressing question was the bail. Sir George expressed a firm

determination _to resist bail to any amount_. Then the dreadful thought

was, what was to become of my family, since it never has happened, that

I have been absent without their being acquainted with all the

circumstances; and I do not think I have slept one night out of my house

while in town. The late hour made it quite unlikely that with opposition

to the bail, and as counsel must be heard, that I could escape passing

the night in Newgate. Mr. John Lawford, with the greatest kindness and

feeling, expressed to me that such was his fear. My reply was, that they

might do what they pleased with me, only that my wife should be seen to,

for I was quite sure of the result of her hearing suddenly of such an

occurrence, together with my not going home. Sir George coldly remarked,

that “it must already be known at home, for he had sent there to take

me, in case I had not been taken at the office.” The agony, which such a

statement caused, was perceptible, and one of the officers in the room

remarked, that I needed not apprehend any thing, as all the officers

could do, would be to watch the house.

I was conveyed very late to the Court at the Old Bailey, where I sat

until nearly nine o’clock in suspense as to what would be the result of

the application for bail, and next whether the persons approved of could

be found at so late an hour. It was not until late, that the former was

granted; and after considerable difficulty, and the impossibility of

finding one of the two bail offered, the other was accepted as

sufficient by the Court, together with my own recognizance. I then went

home at about half-past nine o’clock at night to my afflicted family in

a condition, which, as I believe it unprecedented when all the

circumstances of my case are considered, so I hope and trust may never

fall again to the lot of any man who lives in that happy and

undescribable feeling of habitual security, which in this country we so

dearly value as the precious privilege and the certain possession of

every man who has not contemplated and is not aware of a breach of the

law. Thus will it have been reserved to me, in the British dominions, to

experience this peculiar method of receiving a wound in the heart,

which, although time and the sympathy which has been so kindly expressed

may allay, I alone can know how unlikely it is that any lapse of time

can altogether cure.

As I would not state a fact with any greater appearance of certainty

than what I really possess, I ought to add, since I _now_ have seen the

name of Mr. _John Scoble_ mentioned as that of the Secretary of the

Anti-Slavery Society, that as I never saw before or have seen since,

that I am aware of, _the Scoble_, who acted in this to me ever memorable

occasion, I cannot tell whether they are both one and the same person.

_Extract from the Book kept at the Station-house on Garlick Hill,

containing the Entries of Charges made on Wednesday, August 23, 1843._

Hour 3. 50.--PEDRO DE ZULUETA (32), 22, Moorgate Street, brought in by

P. C.[14] 489, ---- Tye, charged by Sir George Stephen, 17, King’s Arms

Yard, Coleman Street, with Felony (_Slave Trading_); also with

Conspiracy, a true Bill having been found against him at the C. C. Court

on both of the above charges.

(signature of person charging)

“GEORGE STEPHEN.”

[14] P. C. means Police Constable.

(_From the Anti-Slavery Reporter._)

CENTRAL CRIMINAL COURT.

WEDNESDAY, AUGUST 23, 1843.

(Before the Recorder.)

EXTRAORDINARY AFFAIR.

The Grand Jury having, in the course of the day, returned true bills

against Pedro de Zulueta the younger, of the parish of St. Mary-le-Bow,

merchant, Thomas Jennings, and Thomas Bernardos, late of the same place,

mariners, for felony,

Mr. _Clarkson_ applied to his Lordship under, as he said, circumstances

of a rather peculiar character. Two bills had been found against Mr. de

Zulueta for felony and misdemeanor. He was a highly respectable merchant

of the City of London, and he was charged with conspiring, with other

persons, to fit out a ship for the purpose of trading in slaves. The

proceedings before the Grand Jury were of course entirely _ex parte_,

and no application had been made to any magistrate. The first intimation

which Mr. de Zulueta had of the fact was his being taken into custody,

and he knew nothing of the nature of the charge beyond what was entered

in the police-sheet.

The _Recorder_ asked, was the defendant present?

Mr. _Clarkson_ said he was in custody, and was on his way to the Court.

The _Recorder_ asked, what was the application which Mr. Clarkson wished

to make?

Mr. _Clarkson_ said he wanted the defendant to be allowed to give bail.

Sir _G. Stephen_, who, it appeared, was the solicitor for the

prosecution, stated that the charge against Mr. Zulueta was founded upon

the Act of the 5th of Geo. IV, which declared the offence imputed to the

prisoner to be felony. In answer to the Court, he added that the charge

was framed under that section of the Act which rendered the party

convicted liable to the penalty of transportation for fourteen years.

The _Recorder_ said that if the learned counsel intended to enforce his

application for bail, he apprehended that it would be incumbent upon him

to show more reason for such a course than the mere statement that the

party had been taken by surprise.

Mr. _Clarkson_ trusted that the circumstances he had stated would be

considered sufficient by the Court. The fact of the defendant being so

suddenly arrested and placed in confinement would cause the greatest

distress to his family. He was prepared to put in bail to any amount.

The _Recorder_ inquired if there was any objection to bail being taken?

Sir _G. Stephen_ was understood to say, that in consequence of the

circumstances of Mr. Zulueta, there was some doubt whether he ought to

be admitted to bail.

Mr. _Clarkson_ assured the Court that Mr. de Zulueta had not the

slightest indisposition to take his trial; but, on the contrary, he had

the greatest anxiety to have the matter investigated. His only wish, in

applying to be admitted to bail, was to prevent the misery and

inconvenience to which his family would be subjected by his being

prevented from returning to them. He especially wished to save the

anxiety of the female branches.

The _Recorder_ suggested that the case should be dealt with in the

ordinary manner, and that affidavits should be prepared in support of

the application.

At this stage of the proceedings the prisoner entered the Court, in

custody of an officer.

Mr. _Clarkson_, after some communication with Sir G. Stephen, addressed

the Court, and said that he believed no objection would be offered to

bail in the sum of 5,000_l._

The _Recorder_ said he thought that would be quite sufficient.

Mr. _Clarkson_ said the defendant would enter into his own recognizance

in 3,000_l._, and give two sureties in 1,000_l._ each.

It was then arranged that this amount of bail should be put in upon the

indictment for felony; and with regard to that for misdemeanor, the

defendant should give his own recognizance in 100_l._, and two sureties

in 50_l._ each.

The indictment was then read. It charged the prisoner and the two other

persons with having feloniously equipped and employed a certain vessel,

called the Augusta, for the purpose of trading in slaves. In other

counts the parties were charged with equipping the vessel for the

purchase of slaves, and for the purpose of purchasing persons to be

dealt with as slaves.

Mr. de Zulueta pleaded not guilty to both indictments.

He then, in default of two sureties, entered into his own recognizance

in 6,000_l._, and one surety in 2,000_l._, to appear when called on.

Trial of Pedro de Zulueta, jun., on a Charge of Slave Trading, under 5 Geo. IV, cap. 113, on Friday the 27th, Saturday the 28th, and Monday the 30th of October, 1843, at the Central Criminal Court, Old Bailey, London A Full Report from the Short-hand Notes of W. B. Gurney, Esq. · 第 53 / 88 题