Mr. Justice _Maule_. It was either yesterday, or yesterday twelve
months, or two years ago?--It was the 26th of October, 1843.
Mr. _Kelly_. Will you tell me at what hour you served it?--Upon whom?
Upon either Messrs. Lawford & Co. or Messrs. Zulueta. First, did you
serve it upon either? Leave out Captain Jennings. Did you serve a copy
of that paper, signed and dated, upon either Mr. Zulueta or Messrs.
Lawford?--No; I did not.
You only served it upon Captain Jennings?--Yes; that is all.
Mr. Justice _Maule_. As far as the signed paper goes, there was no
service upon Mr. Zulueta?
Mr. _Kelly_. No.
Mr. Justice _Maule_. He did serve something upon them which was not
signed.
Mr. _Clarkson_. Nor dated.
Mr. Justice _Maule_. Let us look at it; it may be a very good notice,
though not signed. (_It was handed to his Lordship_).
Mr. _Kelly_. I am not going to raise any objection to it; but I shall
make some observations upon it.
Mr. Serjeant _Bompas_. The name was in the instrument, though it was not
signed by Sir George Stephen?--Yes.
Mr. _Kelly_. Was that so?--Yes.
When did you serve a copy besides that?--I served a second copy of it at
the general office of Zulueta & Co., and you will find the words
“General Office,” written upon it.
Mr. _Kelly_. Now just refer to your notice, to produce any document you
propose to call for?
Mr. Serjeant _Bompas_. When you say you left it without date and
signature, was it served in this way, the blank day of blank, with Sir
George Stephen’s name upon the back of it?--Yes.
Mr. Justice _Maule_. The non-signature of a notice to produce is not
worth inquiry; a dot to an _i_, or a cross to a _t_, would be equally
available.
Mr. _Kelly_. It is my learned friend who renews the subject. I ask him
to point out the document.
(_The Notice to produce was read, specifying among other documents,
the additional memorandum of Charter-party, &c._)
Mr. _Kelly_. I have no such document. I do not know of its existence.
Mr. Justice _Maule_. You call for the document referred to at the end of
the memorandum of charter-party?
Mr. Serjeant _Bompas_. Yes.
Mr. _Kelly_. No, my Lord, they call for it by a particular description;
it may be that document; but according to that description, as far as I
know or am instructed, we have not got it. The document referred to in
the terms of the charter-party is supposed to be an acknowledgment of
the debt from Captain Jennings to Martinez and Co.; that might be in the
possession of Messrs. Zulueta--
Mr. Justice _Maule_. It would be in the possession of Zulueta & Co., or
Martinez & Co.?
Mr. _Kelly_. Yes, my Lord; if in the possession of Martinez, of course I
have not got it.
Mr. Justice _Maule_. You call for the additional memorandum of
charter-party of the 21st of October 1840?
Mr. Serjeant _Bompas_. Yes, or the 19th of October.
Mr. _William Thomas_ sworn. Examined by Mr. Serjeant _Bompas_.
Are you a clerk in the bank of Messrs. Glyn, Mills, & Co.?--Yes.
Are they the bankers of the prisoner Mr. Zulueta?--Yes, they are.
Did you pay any sum of money of 650_l._ for him upon his account, in
August 1840? (_The Witness referred to a book_).--On the 29th of August.
Was there a cheque?--A cheque or bill; I cannot say which.
Mr. _Kelly_. I presume that is kept by yourself, and in your
handwriting?--Yes.
Mr. Serjeant _Bompas_. You return the cheques?--Yes, we do.
Mr. Serjeant _Bompas_. We have given them notice to produce any cheque
of that date.
Mr. _Kelly_. Now, what is it you call for?