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.”