Had you a less or a greater quantity of water?--

Mr. _Kelly_. How often had he sailed, and had he been on the coast of

Africa?

Mr. Serjeant _Bompas_. How often had you been at sea before?--I had been

to North America before.

You had never been to Africa before?--No.

You do not know what is usual on the coast of Africa?--No.

The Honourable Captain _Denman_, R. N. sworn. Examined by Mr. Serjeant

_Talfourd_.

Were you commanding on the African coast at any time?--I was commanding

on a district of the African coast.

Did that embrace the river Gallinas?--The river Gallinas was within the

district.

How long, while you were on that coast, were you acquainted with that

river?--I was myself constantly in sight of the river for a period of

eight or ten months.

Had you also, besides the period you were opposite that river, other

opportunities of observing what was going on there?--Whenever I was not

there myself, I left a vessel to watch the place and report to me what

occurred.

We have heard there were some slave factories, barracoons there?--There

were no less than six slave factories on the shore.

According to your observation, what was the trade carried on

there?--There was no trade whatever but the slave trade; exclusively the

slave trade.

You did not yourself know the proprietors of the barracoons?--I did not

know any of them personally.

Did you ever see any of them in their warehouses?--No, except one.

Who was that?--I believe it was Martinez, but I am not certain: the name

we knew him by was Pedro Fernandos.

Mr. _Kelly_. You will state what you do know?--The name we knew him by

was Domingo Fernandos.

Mr. Serjeant _Talfourd_. Did you know Ignatio Rolo?--Yes, I have seen

him at Gallinas.

What did he do at the Gallinas?--He was landing from the Saracen when I

saw him.

That was the vessel commanded by Captain Hill?--Yes.

Did you ever see him on any of those factories?--I never saw him, except

at the factory at which he landed.

Did he land at the factory?--He was landed in a man-of-war’s boat.

Cross-examined by Mr. _Kelly_.

Had you means, while in the river Gallinas from time to time, of

ascertaining how many towns or villages there were as far up the river

as you went?--There were, to my knowledge, some three or four or five

towns on different branches of the river.

How high up did you go yourself?--I went up about ten or twelve miles, I

suppose.

You say that as far as your knowledge extends there was no other trade

there but the slave trade?--My positive knowledge is that there was

nothing but the slave trade there.

Do you mean to represent that you knew all the ships containing British

merchandise consigned to that place, and what became of the merchandise

which was landed by the ships? Have you no doubt that you knew enough of

what took place at that place, to be aware what became of the

merchandise landed from every ship?--The question involves two or three

points; I must answer in the first place, that every vessel that landed

cargoes there I knew of.

During what period?--During a period of ten months most particularly.

What ten months was that?--From the month of March or the month of

April, 1840, until the month of February 1841.

Have you never heard of a ship, called the Supply, landing merchandise

there to the value of between 13,000_l._ and 14,000_l._?--Not during

that period. I beg not to be misunderstood; I do not deny that vessels

have landed cargoes there to a large amount, but I say the slave trade

is the exclusive business there: there is no produce.

That is inference, perhaps, hardly warranted by your premises: is there

any thing in the nature of the case to prevent the importing merchandise

for consumption by the natives on the spot, and is it not consumed by

the natives?--I say no produce is exported.

Mr. Justice _Maule_. The question is, what was done with the

merchandise; was it given in exchange?--There were two articles of

import, which are the one eaten, and the other used by the slave traders

to buy slaves.

Mr. _Kelly_. What I understood you to say was, that you are not aware

that there is any produce exported; but I ask whether articles are not

imported to be consumed by the natives?--I do not mean to say a few

hundred weight or a ton is not exported, but nothing to be called

produce or exports.

You do not say there are not a few hundreds of tons?--I say not a

hundred weight.

That was the case during the ten months you were there?--I have known

the Gallinas since 1835. I was in charge of that station during two

years; during that time I was ten months stationed at Gallinas, and had

reports from the place.

When you say there is no trade carried on there but the slave trade, do

you exclude from your observation the shipments of goods from England

landed there and sold for money? for consumption there, sold for

money?--If you put that question again, I shall understand it.

I wish to ask you, as you state that there is nothing but the slave

trade carried on, that there are no exports, whether the trade may not

consist of landing goods and selling them for money, as well as

purchasing goods there, and carrying them away?--Just so.

Do you mean to exclude or include the fact of merchandise being landed

there, and purchased there, and paid for in money, so that a stranger

carrying it there, and selling it and receiving his money, would be

doing what of course was perfectly lawful?--My answer is, that a person

landing his goods there would not be able to procure a return, but that

all the goods would go for the purchase of slaves, and nothing else:

that is my reason for saying nothing but the slave trade is carried on

there.

I will call them all slave traders, if you please. Do you mean to say a

man may not purchase a quantity of goods which he may barter for slaves;

may he not sell a part of them also to the natives?--The natives have no

means of paying for them, except by the exchange for slaves: there is no

produce.

As regards the shippers from this country; supposing that a man were to

ship, not as agent, but on his own account, a cargo from this country,

receiving money for what he exported, do you mean to say there would be

any slave trading in that?--I should say not of necessity.

Mr. Justice _Maule_. Suppose he comes away in ballast, if such a

transaction happens?--I have never known of such a case; there was no

English trade during the time I was there.

Mr. _Kelly_. Do you mean that no English vessels went there?--Oh, yes;

English vessels passed and had some little proceedings; the Augusta, for

instance, was a vessel I always suspected.

Whatever took place at that place, the Gallinas, for some years before

you do not know?--I know from the statement of the natives that there

was no trade.

I ask you, do you know of a vessel, called the Supply, having landed and

disposed of merchandise at the Gallinas to the amount of 13,000_l._ or

14,000_l._?--There was no such vessel there during the two years I was

there; certainly not during the ten months.

This is a place to which trading of the nature to which I have referred

may have taken place at a time previous to the time you mention?--The

trade of the nature I describe has taken place since 1835.

I will give you the dates; I will mention the year 1837; do you know of

a vessel called the Milford, having landed and disposed of goods to the

amount of 6,000_l._ or 7,000_l._ at the Gallinas?--No, I was not there

at the time; but that does not alter the case, for the slave trade

existed there.

I do not ask you as to the existence of the slave trade, but whether

there has not been lawful commerce and ships coming away in ballast?--I

know that 800 tons of goods were landed during the time I was there, and

that none of the vessels went away except with money or goods, and

except when they were consigned for cargoes from the Havannah, which was

the case in nine cases out of ten.

According to your experience some vessels do carry commodities to a

great extent, and receive payment in actual money and sail away?--Yes,

those are exceptions, but such cases do occur.

Others would go and carry their goods there and receive slaves?--No,

that is not the system. The freight of the vessel is consigned from the

Havannah to a slave factor, Rolo, for instance, at Gallinas; she sails

again in ballast, the freight is all paid to Havannah; that is the

general rule.

From what, according to your sense of the word “slave trade,” do you

make out that that vessel was at all engaged in the slave trade?--I do

not say that vessel is of necessity engaged in the slave trade, for I do

not think it is of necessity that persons know what they are about, but

I say that the consequence of it is the slave trade.

You mean that those merchants and mercantile persons are carrying on the

slave trade?--Precisely so.

A person living any where else, and exporting produce there, might very

well export it and get his money for it, without at all knowing to what

purpose that should be applied?--Certainly, that is very possible.

With respect to this place, called the Gallinas, I am quite sure that

you have given the account of the place as you believe it to exist; had

you not a hand in destroying the factories there, which is the subject

of one or two actions against you at this moment?--There are actions

brought against me for the destruction of slave factories.

When did the event take place? I do not ask whether you had any thing to

do with it of course, but when did the event take place?--About

November, 1840.

Has your experience led you to various other parts of the coast of

Africa, where the slave trade is carried on?--Yes.

Are not there certain parts of the coast where there is a lawful trade

as well as an unlawful trade?--In almost all places, the Gallinas is the

exception.

Is your knowledge, that the Gallinas is the exception, obtained from

your personal presence on the spot?--It is obtained from my personal

presence on the spot.

So that any person, in England or elsewhere, might export commodities to

half a dozen places along the coast of Africa, and might as well export

there without knowledge as any other place?--With the distinction that

there is no other trade carried on there.

How is a merchant carrying on business in this country, receiving an

order for 5,000_l._ worth of goods from the Gallinas, to know that the

Gallinas is an exception to other places?--I think if he does not know

any thing of the character of the parties, he may be ignorant of the use

to which they are applied.

You mean the character of the party to whom the goods are to be

sent?--Yes.

What would the character of the person, to whom the goods were sent,

have to do with the fact how the person in this country is to know that

the Gallinas is the exception, and that the goods are not going there to

fair persons as well as to other persons?--If he knows the person to

whom the goods are shipped at Gallinas, I should suppose he would know

there was nothing but slave trading carried on.

That is, if he knew as well as you who have been on the spot; are there

not many persons who carry on the slave trade, who also carry on a very

extensive lawful trade?--Undoubtedly.

Then how is a gentleman in England or America, who exports his

merchandise on those orders, to know the use to which they are to be

applied?--If he knows any thing of Gallinas, he will know the object to

which they are applied.

If he does not know?--If he does not know any thing of Gallinas, he is

not necessarily guilty of doing any thing which is wrong.

When a vessel is under the English flag, and manned by English sailors,

is there not a far greater facility as to search, and as to fair trial

and condemnation, than if it is a foreign vessel?--Yes, when there is

suspicion of the slave trade; it depends upon some of the treaties.

Is there any thing at all to restrict or prevent your searching every

vessel under the English flag, commanded by an English captain, and

manned by an English crew?--Nothing at all, if we suspect.

You do it without opposition?--Yes.

When a vessel is seized which is English, it goes without any delay

before an English tribunal?--Yes.

When it is a foreign vessel, does not it go before a Mixed

Commission?--It depends upon the nature of the treaty; under some of the

treaties it would go to the tribunal before a Mixed Commission.

A French vessel would go before a French tribunal?--Yes.

A Spanish before a mixed tribunal?--Yes.

And a Portuguese?--Yes.

When was it you first sailed for the coast of Africa?--I left England in

February, 1840.

Did you before that know the Gallinas?--Yes, I knew it in 1835.

You had been there in 1835?--Yes.

You went there first in 1835, in the discharge of your professional

duties? Before that time were you aware there was such a place?--No, I

knew nothing about the coast of Africa.

You did not know that the Gallinas was a place where slaves were more or

less dealt in than any other place?--I had no reason to know any thing

about it till I went there.

Re-examined by Mr. Serjeant _Talfourd_.

Nor the trade any where else I presume?--No.

How many merchants are there at the Gallinas to whom goods might be

consigned?--I believe they are all agents; there are no actual

merchants.

How many people are there?--There are twenty or thirty Europeans

altogether.

Were there persons to whom goods would be consigned, except those in

slave factories?--There was not another white man.

Have the natives, in any of those villages, any means of paying for

British produce?--They have no means of paying but by slaves; the

country does not produce any produce.

You have been asked, whether a merchant here may not ship to the coast

of Africa without knowing the nature of the trade there; do you think a

merchant who had exported for twenty years could be ignorant?--It is

impossible he could fail to know the nature of the trade.

Mr. _Kelly_. My Lord, my learned friend has called for a letter, which

the witness says was put in the post on the 10th of June, 1839.

Mr. Justice _Maule_. I thought it was 1840.

Mr. _Kelly_. No, 1839, four years ago. The letter has been most

carefully looked for, and is not in existence. A few days ago, Mr.

Lawford looked carefully for it, with the assistance of some of Mr.

Zulueta’s people, and they are utterly unable to find it. I shall not

consider him a witness, if my learned friend wishes to examine Mr.

Lawford as to that matter, he may. The effect of it has been stated. If

he wishes to ask those persons who are aware whether such a letter had

existence, and whether it is not lost, I will produce them, in order to

afford him the opportunity of putting the question.

Lieutenant Colonel _Edward Nichol_ sworn. Examined by Mr. Serjeant

_Bompas_.

Have you become acquainted with the coast of Africa?--A long time.

How long?--Since the year 1822.

Had you any official employment upon that coast?--I was governor of the

Isle of Ascension, and afterwards of Fernando Po, five years at each

place.

In that situation, was it your duty to attend to the coast in other

parts besides Fernando Po and the other place where you were immediately

governor, and to make a report upon it?--It was.

Did you receive reports from the officers of the navy, or others, with

respect to the various parts of the coast?--I have received reports from

upwards of 200 officers of the navy, and masters of merchant ships on

different parts of the coast, and have sent a small schooner attached to

my command at Fernando Po, to make reports of the different slave

trading stations and what was going on there.

Did you know the river Gallinas?--Yes.

Have you been there yourself?--I have.

For what period has it been within your observation?--Since 1822; I

visited it in 1822, in His Majesty’s ship Victor.

Up to what time?--We did not stay long; we were chasing a slaver off the

port.

How long had you occasion to know that place?--From that time to 1834;

from 1822 to 1834; I left the coast in December, 1834; I have had

continual communication with it since.

During that time what was the trade carried on at the Gallinas?--The

slave trade.

Was there any produce exported from the Gallinas at all?--Not a particle

that ever came to my knowledge, or under my observation, or from the

information I have received.

Was the country round the Gallinas a country producing that which was

fit for export or usually exported?--Nothing but stones and trees,

hardly what would subsist the people living there.

Did you know of the existence of slave establishments there?--As

notoriously as that this Court is here.

You have seen them yourself?--Yes, certainly, and had reports from the

officers I sent there.

Were you there more than once?--No.

Did you know any persons residing there? Did you know Pedro Blanco?--I

knew him from reports; they kept out of my sight, they did not come near

me.

Was it part of your duty to suppress the slave trade as much as

possible?--That is the duty of every British officer.

It is necessary I should ask you whether it was part of your

duty?--Certainly. I had no authority to seize slave ships though, but to

give information to His Majesty’s squadron; and I believe I did that to

some good amount.

It was your duty to obtain information of what was going on along the

coast, and to communicate it to the naval officers, to enable them to

seize the vessels?--Certainly.

What was about the distance of your station from the Gallinas?--About

1500 miles I should say, except when I have been running down the coast.

Fernando Po is a long way from the Gallinas.

But you have been running down the coast and obtaining reports?--Yes,

both by myself and my officers.

Had you the means of ascertaining the way in which the slave trade was

carried on?--I had.

What was the course; was it by barter or money?--You cannot get slaves

for money. I never saw a slave got for money. They cannot be got without

British manufactured goods supplied by the merchants.

They get British manufactured goods and barter them for slaves?--That is

the general course of dealing for slaves.

They are brought from the interior of Africa to places where the trade

is carried on?--Just so.

Are the slaves brought to the Gallinas for the purpose of being bartered

for the goods there?--It is the most notorious and infamous slave port

on the coast of Africa. There is a continual drain of slaves from all

parts of the country to it; there is nothing going on there but the

slave trade, any man sending goods there must know that.

Mr. _Kelly_. I do not know why we are to listen to these speeches, or

even to this evidence. Unless something of this, so well known to this

gentleman so constantly visiting that spot, had been communicated to the

prisoner at the bar before the transaction in question, I am at a loss

to know how he can be affected by it. I dare say there are many persons

in this Court, whose geographical knowledge may have extended as far as

the Gallinas, who never heard of such a thing until they heard it upon

this occasion; and I do not know how notoriety to people on the spot can

be evidence against the defendant, who has never been on that spot, and

never had any communication of any kind with any person on the spot.

Mr. Serjeant _Bompas_. I hardly know how many objections are to be

raised; to show the nature of the trade I must call these witnesses.

Mr. _Kelly_. I have no question to ask you.

Mr. _John Brown_ called again. Examined by Mr. _Payne_.

Will you produce enclosure No. 18? (_The same was produced_).

(_To_ Captain _Hill_). Will you look at that, and state whose

handwriting you believe it to be?--I believe this handwriting to be

Bernardos’s, but I did not see him write it; I have some writing I saw

him write in my possession.

From the knowledge you have acquired, seeing him write, do you believe

it to be his writing?--Yes.

Have you had that paper in your possession before?--This is one of the

papers I found on board the vessel when I seized her.

Mr. _James Brodie_ sworn. Examined by Mr. Serjeant _Bompas_.

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 77 / 88 题