On whose account was it paid?--

Mr. _Kelly_. I object to that: I do not want all the payments made by

this witness; we are upon the question if you can give secondary

evidence of the cheque.

Mr. Serjeant _Bompas_. I am going to see on whose account it was paid.

Mr. _Kelly_. I object to any evidence of bankers paying a sum of money

on account of the firm, or on account of any other person, unless the

document is in the handwriting of the prisoner at the bar, or the

payment proved to have been made to his orders. What is to prevent, by

the order of the partner in Spain, of which he never heard, this person

being charged with felony?

Mr. Serjeant _Bompas_. I submit that the evidence is sufficient; here is

an express statement in the printed evidence.

Mr. Justice _Maule_. It is not in evidence yet.

Mr. _Kelly_. I consider it in evidence; my learned friend may refer to

any part of that book; I consider that that is in evidence now.

Mr. Justice _Maule_. Very well.

Mr. Serjeant _Bompas_. He first states he managed all the business. In

answer to Question 10432 he was speaking about the transactions with

Africa, he was examined about the Augusta, and Mr. Kidd, he says, “My

father knew there was such a man upon the coast, but I did not know even

that, though I have managed all this business.”

Mr. _Kelly_. That relates to a business upon which another insinuation

was made, and which has no more to do with it than this.

Mr. Serjeant _Bompas_. My learned friend assumes that this has no

relation to it; he is quite mistaken in that. The question is, what is

the meaning of the term, “this business,” it is not the business of the

man of the name of Kidd; he says he never heard of him; but the question

is, whether it is not the business of the Augusta and the trade with

Africa; he says he manages all that business. I submit, if he takes upon

himself to say he managed “all this business”--

Mr. Justice _Maule_. What are the words?

Mr. Serjeant _Bompas_. “All this business.”

Mr. Justice _Maule_. I think the fair inference is, that the Mr.

Zulueta, who came before the Committee, was the person who knew best

about the matter suggested against them relating to the Augusta, and he

came to speak to the matter of the Augusta, either solely or among other

things; if so, “this business” must mean that.

Mr. _Kelly_. No, not if your Lordship looks at the context; he comes

forward voluntarily, understanding there were charges against his house,

not because he knew more about it than any body else, for he knew the

least about it, but because he spoke English best. There is nothing

from which you can infer in this evidence that Pedro Zulueta knew all

that had passed through the house.

Mr. Justice _Maule_. It is not very satisfactory to select a man who can

speak English, but did not know much about the matter.

Mr. _Kelly_. I mention that in answer to your Lordship’s observation,

“that he knew most about the matter.”

Mr. Justice _Maule_. The Committee must have taken that to be the fact.

Mr. _Kelly_. If your Lordship thinks it must fairly be supposed to refer

to that matter, then the question is whether that makes it evidence; I

will call your Lordship’s attention to what he says: The _Chairman_ asks

him, “Is there any other part of the evidence which has been given that

you wish to observe upon?--It is asked here in question 5086, ‘Who was

he?’ The answer is, ‘The name is mentioned in the Parliamentary Papers

as being connected with the purchase of a slave vessel, Mr. Kidd; and it

is mentioned in connexion with that of Mr. Zulueta, of London.’” There

was some former transaction of the purchase of a slave vessel, in which

Mr. Kidd was a party. He goes on to say, “Now, as to Mr. Kidd, the very

first thing I ever knew or ever heard of his name, was to see it here. I

never heard of his name at all. I never had a letter from him or through

him, or knew any thing of the man whatever. That is with regard to

myself. With regard to my partners, I can say the same; I have been

making inquiries about it. My father knew there was such a man upon the

coast, but I did not know even that, though I have managed all this

business.” What business can that relate to, but the business in which

Mr. Kidd’s name was mentioned, which was the purchase of a slave vessel?

Mr. Justice _Maule_. I should think not: his father knew there was such

a man upon the coast; “I did not know that, although I had that

management of the business” which would lead me to know all the men on

the coast, that is to say, all the coast business; that is the way I

understand it, I confess.

Mr. _Kelly_. I cannot conceive that it is so; but it is for your

Lordships to decide. Supposing that it is, I do not know how that makes

this entry in the book evidence. Your Lordships will look at the next

question: He is asked, “You have no connexion with Mr. Kidd in any

way?--No; nor any knowledge of him.” Then he goes on with the same

business; he was never alluding to the principal business, that of the

Augusta.

Mr. Serjeant _Talfourd_. You will find he gives there an account of the

whole transaction. Mr. _Forster_ says, “You advanced the money to

Captain Jennings for the purchase of a vessel; Jennings transferring the

vessel to you as a security for the amount so advanced?--That is just

the description of operation, which is a very general one in business.”

Mr. Serjeant _Bompas_ (_to_ Mr. _Thomas_.) Whose handwriting is

that?--The handwriting of a Mr. Daniel, in our office.

Mr. _Kelly_. I submit that this relates to the business of Mr. Kidd.

Mr. Justice _Maule_. It struck me otherwise; but at the same time you

seem so extremely satisfied with your own view, and my view is just as

it struck me, that you stagger me by your positiveness.

Mr. _Kelly_. I should not like your Lordship or the Jury to be misled as

to the amount of interference by this gentleman in the business. Suppose

it is so, that he had the management of the fitting out of the Augusta,

how does that make evidence of an entry in the banker’s book of the

payment of a sum of money? He cannot say to whom he paid it, or on whose

account? How can that make it evidence upon a charge of felony? I do not

know the nature of it, but I am quite sure it is quite consistent with

Pedro Zulueta, having done all he has admitted to have done before the

Committee, that he never heard of that payment.

Mr. Justice _Maule_. In whose handwriting is the signature to the

charter-party?

Mr. _Kelly_. It is the signature of the prisoner that has been read.

Mr. Justice _Maule_. I do not think you are in a situation to put in

this evidence. This witness paid across the counter to somebody, upon

something which they produced, a sum of money, and the thing then

produced you call for.

Mr. Serjeant _Bompas_. We call for the document upon which it was paid,

and we are going to take another step to show that the money so paid was

applied to this vessel. Your Lordship has got the statement that they

advanced the money for the purchase of the vessel.

Mr. _Kelly_. There is no doubt that the house of Zulueta & Co., on

account of Martinez & Co., paid for this ship. My learned friend says he

calls for that document. He calls for a document he has not shown to be

in existence. Let him prove the existence of the cheque; and then the

question arises, whether secondary evidence is admissible.

Mr. Serjeant _Bompas_. Can you say whether it was paid through a cheque

or draft?--No, it is impossible.

Mr. Justice _Maule_. He says it was paid through an acceptance upon

their house, or upon a cheque upon their house; that it was something

purporting to come from Zulueta & Co., but that does not bind the

prisoner; that cheque so purporting to come from Zulueta & Co. was sent

back to Zulueta &, Co., and notice was given for the production of it?

Mr. _Kelly_. Yes, my Lord, notice has been given to produce the cheque

or draft; that does not mean a bill of exchange accepted at Cadiz, where

they had a house, or at Liverpool, where they have another house.

Mr. Serjeant _Bompas_. Cheque or draft would apply to a bill.

Mr. Justice _Maule_. If it refers sufficiently to the contents of it.

Mr. _Kelly_. Read the words of the notice, and we will see.

Mr. Serjeant _Talfourd_. “And also a certain draft or cheque,” &c.

(_Reading the terms of the notice._)

Mr. _Kelly_. I make two objections to this evidence; the first is, that

no such cheque is proved to be in existence; and secondly, if there

were, such cheque is not proved to have been in the handwriting of the

prisoner at the bar, and therefore it is not admissible. I ought to

add, as the notice to produce has been referred to, and is now upon the

table, that the notice calls upon the prisoner, Mr. Zulueta, to produce

all the books, documents, and accounts of his house, between certain

dates, at all relating to the transaction in question; and all letters

written, and copies of letters written by this house, or any body for

them in relation to this matter. My Lord, every document there mentioned

is here in Court, and in two minutes ready to be put upon the table.

Mr. Serjeant _Bompas_. To try you, I call for the paper referred to in

the charter-party.

Mr. _Kelly_. The greater part are in Spanish, and the prisoner at the

bar can distinguish them, but the clerks who kept these books, the

corresponding clerk, and the clerk in whose handwriting they are, are

ready to speak to any thing my learned friend may call for from the

beginning to the end.

Mr. Serjeant _Bompas_. I call for that letter referred to in the

charter-party.

Mr. _Kelly_. Put the documents upon the table.

Mr. Serjeant _Bompas_. You need not go through that performance. Will

you produce the receipt mentioned in the charter-party?

Mr. _Kelly_. I have said I have it not.

Mr. Serjeant _Bompas_. There is a letter mentioned here: “We have

received your letter of yesterday.” Will you produce that? Captain

Jenning’s letter of the 25th of September, 1840?

Mr. _Kelly_. Certainly.

Mr. Serjeant _Talford_. Mr. Jenning’s letter is in English.

Mr. _Kelly_. Yes; I know that.

_The same was produced and read, as follows_:--

“Portsmouth, 25th September, 1840, Messrs. Zulueta & Co.:-- Gentlemen,

I am in the receipt of your favour of the 24th instant, and beg leave

to acknowledge the favour you have conferred on the house of Messrs.

Grant, Gillan, and Medley, and have acknowledged the same to the

parties mentioned; at the same time beg leave to mention this port is

different from many ports in England for men, and we have to give the

month’s advance under favour in consequence of the many vessels of war

wanting men, so that I have agreed with the men as I consider you will

deem necessary; and from the heavy charges of the different tradesmen,

and all other expenses I formerly mentioned, I do not consider the sum

you have remitted sufficient to clear this port: under such

circumstances, you will please to favour me with your advice by return

of post, who I shall draw upon for the remaining balance, and hoping

my accounts, when seen, may meet your approbation, I remain, your

obedient humble servant,

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 73 / 88 题