I believe you are the notary to the Spanish consul in this city?--I am.

Have you known the house of Zulueta for any length of time?--For some

years.

During that time has the prisoner Pedro de Zulueta, like the rest of his

firm, maintained a high character for integrity and propriety of

conduct?--The highest, the very highest character; and unimpeachable to

the best of my knowledge.

To the best of your knowledge, from their character and the character of

their dealings, do you believe them to be wilfully capable of violating

the law?--

Mr. Serjeant _Bompas_. No, I object to that question.

Mr. _Kelly_. Has their character been that of violators of the law, or

the reverse?--As far as my knowledge goes, I should say that it was

perfectly impossible that the house of Zulueta & Co. should be violators

of the law.

Have you ever had any transactions in business with that house?--Yes.

Do you know that they act as agents for various houses in Spain, the

Havannah, and other places?--Yes.

Do you know that they have for a great many years carried on business to

a great extent indeed?--Yes, I do.

Perhaps you may happen to know that vessels under the Spanish flag

cannot be commanded by English captains?--

Mr. _Payne_. Do you know any thing about it?

Mr. _Kelly_. Do you know that?--My impression is, that that is the case.

How long have you been a notary?--I have been admitted about twenty

years.

Are you a native of Spain?--A native of this country.

Where did you acquire your knowledge of the Spanish language?--In this

country.

Have you had a good deal to do with the commercial and maritime affairs

of Spain?--Yes, very largely; my connexion is almost exclusively

Spanish.

In your experience, have you ever known a Spanish vessel, or a vessel

under the Spanish flag, commanded by an English captain?--Never.

Re-examined by Mr. Serjeant _Bompas_.

Who are the partners in the firm of Zulueta, do you know?--The father

Don Pedro Antonio Zulueta, and the son Don Pedro Gonzalez Zulueta. I do

not know that I can go any further; I do not know that there is another

partner.

Mr. _Kelly_. There is another son Moriarte?--I do not know that he is a

partner; I believe he is.

Mr. Serjeant _Bompas_. Besides being a notary, do you carry on the

business of a merchant at all?--No, not in the least.

How do you become possessed with your knowledge?--In my notarial

capacity I have often had to prepare bills of sale of ships, and various

documents connected with shipping, and that is the only way I obtain my

information.

Mr. Serjeant _Bompas_. We will read these documents; the one signed by

the prisoner at the bar first of all.

Mr. _Kelly_. Take them one at a time; they stand under very different

circumstances. Let me look at it. (_It was handed to Mr. Kelly._)

The same was then read, dated London, the 20th of August, 1840, signed

“Zulueta &. Co.,” and directed “Captain Jennings,” Portsmouth.

“Sir,--In reply to your favour of yesterday, we have to say that we

cannot exceed 500_l._ for the vessel in question, such as described in

your letter, namely, that excepting the sails, the other differences

are trifling from the inventory. If you cannot therefore succeed at

those limits, we must give up the purchase, and you will please act

accordingly.”

Mr. Serjeant _Bompas_. We propose now to read the one in which there is

a postscript from the father.

Mr. _Kelly_. I feel that this letter is no evidence against the prisoner

at the bar. It is a letter written in a handwriting not proved; the

signature does not appear at all; but the postscript was in the

handwriting of the prisoner’s father. I need hardly say that that is no

evidence against the prisoner; but I have not the slightest objection to

their reading it. I only add these few words, that because I consent to

this being read, it is not to be taken that other documents, if there

are any others under different circumstances, are admitted.

_The following Letter was read_:--

[“London, 26th September, 1840,” the signature cut off, addressed

Captain Thomas Jennings, Portsmouth.

“Dear Sir,--We have received your letter of yesterday, whereby observe

that the sum we have remitted you will not be sufficient to cover all

the expenses to clear the ship. We much regret you have omitted

mentioning the sum you require, which prevents our remitting you the

same by this very post, thus causing a new delay in leaving that port,

so contrary to our wishes; you will therefore write to us to-morrow,

that we may receive your reply on Monday morning, informing us of the

amount necessary to finish paying all your accounts and expenses, to

remit you the same by Monday’s night post, in order that you maybe

able to sail for Liverpool on Tuesday or Wednesday at the furthest.

You must not omit stating the amount required; and waiting your reply,

we remain, very truly, dear Sir, your obedient servants.”

Postscript. “According our Liverpool house notice, you will go there

to the Salt-house Dock.”

Mr. Serjeant _Bompas_. Now put in the charter-party, and the paper

referred to in it.

Mr. _Kelly_. Put in one at a time; you cannot read two documents at a

time.

[The same was handed in, dated London, 19th October, 1840, signed

Thomas Jennings; for Pedro Martinez & Co., of Havannah, Zulueta &

Company.

Mr. _Kelly_. All these documents appear in the printed Appendix, which

it would be convenient to hand up to your Lordship.

Mr. Justice _Maule_. Is that the joint Appendix on the appeal to the

Privy Council?

Mr. _Kelly_. Yes.

Mr. _Clarkson_. The number of the document is 11, on page 5.

_The same was read as follows_:--

“It is this day mutually agreed between Mr. Thomas Jennings, master

and owner of the good ship or vessel called the Augusta, of the

burthen of       tons, or thereabouts, now lying at the port of

Liverpool, and Messrs. Pedro Martinez & Co., of Havannah, merchants:

that the said ship being tight, staunch, and strong, and every way

fitted for the voyage, shall with all convenient speed load from the

factors of the said Messrs. Pedro Martinez & Co. a cargo of legal

goods, which the said merchants bind themselves to ship, not exceeding

what she can reasonably stow and carry over and above her tackle,

apparel, provisions, and furniture; and being so loaded, shall

therewith proceed to Gallinas, on the coast of Africa, or so near

thereunto as she may safely get and deliver the same; after which she

may be sent on any legal voyages between the West Indies, England,

Africa, or the United States, according to the directions of the

charterers’ agents (restraint of princes and rulers, the act of God,

the Queen’s enemies, fire, and all and every other dangers and

accidents of the seas, rivers, and navigation, of whatever nature and

kind soever during the said voyage, always excepted.) The freight to

be paid on unloading and right delivery of the cargo, at the rate of

100_l._ sterling per calendar month that the ship may be so employed,

commencing with this present month; all port charges and pilotages

being paid by the charterers; and        days on demurrage, over and

above the said laying days, at        pounds per day. Penalty for

non-performance of this agreement 500_l._ The necessary cash for

ship’s disbursements to be furnished to the captain free of

commission: the charterers to be at liberty of closing this engagement

at the end of any voyage performed under it, on settling the freight

due to the vessel; the captain being indebted to the charterers in

certain sums, as per acknowledgment elsewhere, the freights earned by

the vessel to be held as general lien for such sums, and in any

settlement for such freights, the said advances to be deducted from

the vessel’s earnings.”

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 69 / 88 题