Mr. Justice _Maule_. 1,900_l._ is the half; the captain gets one-eighth
of fifteen-sixteenths?--There are several hundred pounds to come out of
it for the Privy Council appeal, that has not been paid yet.--
Mr. _Clarkson_. You must not say any thing, unless you are asked a
question.
Mr. _Kelly_. I shall let him talk on till he is tired after what I have
said.
Mr. _John Brown_ sworn. Examined by Mr. _Payne_.
Do you come from the Admiralty Court?--Yes.
Do you produce any documents?--Yes, I do.
Mr. Serjeant _Talfourd_. The first document we want is the letter of the
20th August, 1840, from Zulueta & Co. to Captain Jennings?--Will you
allow me to hand you a schedule of the different documents; they are
numbered according to that. (_The Witness handed in the same._)
Mr. _Payne_. Nos. 14 and 17 are what we want. (_The Witness handed in
two papers; one being a letter, dated 20th August, 1840._)
Mr. Serjeant _Talfourd_ (_to_ Captain _Hill_.) Look at this letter and
see if it is one of the letters you found on board the Augusta?
(_handing the same to the Witness_.)--Yes, that is one; there is my
handwriting upon it.
(_To_ Captain _Hill_.) Look at this also (_handing another paper to
him_), the signature appears to be cut off, and say if it is in the same
state as when you found it?--Yes, it is in the same state as when I
found it on board the Augusta; the signature was then cut out.
Mr. Serjeant _Talfourd_ (_to_ Mr. _Brown_.) Now produce the
charter-party, Nos. 11 and 12. (_The Witness produced the same._)
(_To_ Captain _Hill_.) Just look at these two papers (_handing them to
the Witness_), and see if they are two of the papers which were found on
board?--Yes, they are.
Mr. _Kelly_ (_to_ Captain _Hill_.) You have looked at these three or
four papers, and you say they are the papers you found on board the
vessel?--They are papers given to me by the master: I did not find them
by searching.
Were they given to you on board the vessel?--Yes, by the master.
Did you put any mark upon them?--Yes, you will see a mark on the back;
that is what I looked at in the first instance when they were handed to
me.
Is this it? (_pointing to a mark on the paper_.)--It is a pretty large
number upon the paper: that is my handwriting.
Mr. _Abrao De Pinna_ sworn. Examined by Mr. _Payne_.
Will you look at this letter, and tell me if you know the handwriting of
the postscript at the end? (_handing a paper to the Witness_.)
Mr. _Kelly_. What is the date of it?--24th of September, 1840.
Mr. _Payne_. Whose handwriting is that postscript?--I presume it to be
Mr. Zulueta’s.
Do you believe it to be?--Yes.
Mr. _Kelly_. Which of them?--The father.
Mr. _Payne_. Do you believe it to be his writing?--Yes.
Mr. Justice _Maule_. You say the father; is that the prisoner?
Mr. Serjeant _Bompas_. No, the father of the prisoner.
Mr. _Payne_. Look at that (_handing another paper to the Witness_), and
tell me if you know the handwriting; that is, the 20th of August?--It
looks like the handwriting of Zulueta the son.
Mr. Justice _Maule_. What is the date?
Mr. _Payne_. The 20th of August, 1840. Just look at this memorandum on
the charter-party; look at the signature to that charter-party: do you
know the handwriting of that document?--I suppose that one to be the
signature of Mr. Zulueta the son.
Do you believe it to be so?--Yes; the other I do not know.
(_The Letters and the Charter-party were handed in._)
Mr. _Payne_. Do you know the handwriting of the body of that first
letter of which I showed you the postscript?--I did not pay sufficient
attention to it. With your leave I will look again. (_It was again
handed to the Witness._) I do not know it.
Cross-examined by Mr. _Kelly_.