Mr. Justice _Maule_. Did you ask for the ship’s papers?--

Mr. _Kelly_. To that I have no objection, and I do not object to the

question of my learned friend; but it is the only way I have of warning

Captain Hill not to give us other people’s statements.

Mr. Serjeant _Talfourd_. Did you obtain the papers in the first

instance?--Yes; on going on board it is my duty to demand them, and I

received them on board.

Were there any other papers subsequently given to you by Jennings, or

did you receive them all at once?--I received other papers afterwards; I

received the ship’s papers in the first instance.

Mr. _Kelly_. Confine your answer to the question.

--It is necessary to explain.

Mr. _Kelly_. No, not at all.

Mr. Serjeant _Talfourd_. You received some papers in the first

instance?--Yes; the vessel’s papers on demand. I had demanded them, and

on being refused by Captain Jennings to answer a question which he was

bound to answer to the commander of a British man-of-war, I insisted

upon its being answered, and said I should detain the vessel till it

was; and that question was to whom did the vessel--

Mr. _Kelly_. Here I must interpose; and unless Captain Hill is to be the

sole judge of what is to be admissible evidence, I ask your Lordship to

interpose, or to hear me and dispose of my objection. I cannot complain

of my learned friend; he puts nothing but perfectly regular questions.

Captain Jennings is not my client here.

Mr. Justice _Maule_. You gave back the ship’s papers to Captain

Jennings, and afterwards you insisted upon having these papers, or

having some more?--I insisted upon having the question answered to whom

the vessel was consigned.

Mr. Serjeant _Bompas_. He has a right to ask that; that is a question

which the captain is bound to demand of him, to whom he is consigned.

Mr. _Kelly_. I am quite well aware that in your Lordship’s hands I am

quite safe; and if Captain Jennings had committed a murder on this

occasion, it would not upon your Lordship’s minds produce any influence;

but it is impossible to tell, knowing that Jennings was the captain of

the vessel, and that the prisoner at the bar may have had some hand in

the fitting it up, what influence it may have upon the minds of the Jury

if we are to have conversations or recognitions, supposing there to have

been any made by Captain Jennings; and all this done in the absence of

Mr. Zulueta, who had no knowledge of it or control over it. If I at all

understand it to be your Lordship’s impression, that any thing said or

done by Captain Jennings is evidence, having made the objection I have

nothing further to submit to your Lordships; but I do conceive, that

nothing done by Captain Jennings long after the vessel sailed, and long

after the offence, if any, was committed, is admissible. I do feel it my

duty to ask, whether evidence is to be received of what was said and

done by Captain Jennings months after the departure of the vessel from

this country?

Mr. Justice _Maule_. I do not entertain either of those two opinions.

You do not put two cases which exhaust all other possible cases, but you

say if I am of opinion that every thing said and done by Captain

Jennings is evidence, you say no more; you say nothing. But I do not

think that the thing is evidence, because Captain Jennings says it; nor

do I think we can say, that nothing that Captain Jennings said can be

evidence in the course of the trial. But with respect to what we have to

decide, it is not whether there is such a large and general rule as

that, but whether this question falls within any rule that excludes it.

I think it does; I think what Captain Jennings said on that occasion is

not admissible in evidence. If Captain Hill demands some other papers

from him, that fact may be given in evidence.

Mr. Serjeant _Talfourd_. Did you afterwards receive some other papers

from Captain Jennings on board?--Yes, I received a packet.

Mr. Serjeant _Talfourd_. Is the clerk here from the Court of Admiralty?

Mr. _Kelly_. I take for granted that the papers to be produced in Court

are the papers given to this gentleman by Captain Jennings.

Mr. Serjeant _Bompas_. Yes, they have been produced before; we shall

want them in a moment.

Mr. Serjeant _Talfourd_. What steps did you take upon receiving these

papers?--I took the papers on board my own vessel on purpose to read

them. It was towards the close of the evening I received them, and I

sent an order on board the Saracen that an officer and a certain number

of men should be sent to me, and I entrusted that officer with the

charge of the vessel.

Did you, in consequence of the view you took afterwards, detain the

vessel?--Yes, I detained the vessel.

She was afterwards taken, I believe, to Sierra Leone?--Yes.

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 63 / 88 题