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.