SUMMING UP.

Mr. Justice _Maule_. Gentlemen of the Jury--Pedro de Zulueta is indicted

for an offence against an Act of Parliament made for the prevention of

the slave trade, for employing a vessel for the purpose of accomplishing

objects declared to be illegal by that Act; that is to say, dealing in

slaves, and also having loaded goods on board a vessel for that purpose.

Now, although this case has occupied a very considerable portion of

time, I do not think it will be necessary for me to add much to it in

the observations I shall think it necessary to make to you with respect

to the evidence. It is not very long, and the points to which it goes

are not very numerous--I mean the evidence on the substance of the

charge. The case occupied about fifteen hours on Friday and Saturday,

but the evidence did not occupy much above four hours. It will not be

necessary for me to occupy much time in observations upon it, and I

should think it will not be necessary for me to read over the evidence.

The offence, as I have told you, is put in these two shapes--the

employing a vessel, and the loading goods for a purpose prohibited by

the statute; that is, for the purpose of dealing in slaves. The charge

is not, it does not necessarily import, nor is it necessary to support

it, that it should be proved that the ship in question, the Augusta, was

intended to be used for the conveyance of slaves from the coast of

Africa. If there was a slave adventure--if there was an adventure of

which the object was that slaves should be brought from the coast of

Africa, that there should be slave trading there, and if this vessel was

dispatched and employed for the purpose of accomplishing that object,

although it was intended to accomplish that object otherwise than by

bringing home the slaves in that vessel, that is within the Act of

Parliament. So, if the goods were loaded for the purpose of

accomplishing the slave trade--whether it was intended to bring back the

slaves in the vessel in question, or that they should be brought away in

some other vessel, or whether that was a matter left undecided at the

commencement of the adventure, and to be determined according as matters

might turn out to be convenient for the accomplishment of it--in any of

these cases the crime charged in this indictment would be committed, the

allegations in the indictment would be supported, and the prohibition of

the Act of Parliament would be violated. The Act would have been very

imperfect indeed, if it had prohibited slave trading and had not

prevented any dealing of that description, except where the same vessel

was to bring home the slaves; if, at all events, it went out for the

purpose of carrying goods which were to be bartered for them. From one

of the witnesses, who, in the course of his public duty was conversant

with what takes place on this slave coast of Africa, we hear that it

frequently happens that the slaves are got away by a different vessel

from that which carries out the goods which formed the fund for their

purchase. That is the nature of the offence.

Gentlemen, I do not think there will be any great difficulty in some of

the preliminary questions you will have to decide upon this occasion.

One is, whether the prisoner at the bar did at all dispatch, did at all

employ this vessel, the Augusta, or did at all load any goods on board;

because, though a person may employ a vessel and load goods--he may do

that quite innocently--the fact, that he employed a vessel and loaded

goods, is by no means conclusive of his guilt till you go further and

show that he did it for the illegal purpose charged in the indictment.

If it had not been shown that the prisoner at the bar did employ the

vessel, or load the goods, the inquiry would have been stopped; for the

purpose never could have been brought in question, and there would have

been an end, or rather there would have been no beginning of this

enquiry: but with respect to that branch of the case, there appears to

have been no doubt made on the part of the prisoner that he did employ

this vessel. He says he did it as the agent of Pedro Martinez & Co., and

that he did it without knowing what the purpose was for which the vessel

was employed, or whether it was employed in the slave trade; and that he

did load the goods on board the ship--and there appears to be to the

value of a good many thousand pounds, a considerable cargo (the value I

get only from the cockets), a considerable quantity of goods. The vessel

undoubtedly was dispatched with the knowledge of the prisoner and

through his agency to carry goods to the coast of Africa. So much does

not seem to be a matter in dispute.

Then the matters in dispute are two--one, whether this vessel was

dispatched for the purpose of slave trading at all; if it was not, there

is an end of all question. If it appears that there was no slave

trading, or intention of slave trading, no person is guilty of the

violation of the law charged in this indictment. There is no offence on

the part of any one, if a slave adventure was not contemplated by the

persons engaged in this transaction. Unless you decide that question in

the affirmative, that is to say, unless you think there was such an

adventure, there is no case made at all against the prisoner at the bar.

It has been contended, and strenuously--not in a separate form, but

mixed up with the other point in the case to which I will next draw your

attention--it has been contended on the part of the prisoner, that there

was no slave adventure, that the ship Augusta went to the Gallinas

loaded in this way not for the purpose of dealing in slaves, or for any

unlawful purpose, but that she went either for some lawful purpose, or

else without any purpose of dealing at all: you will say whether there

could be any such possibility. It has been contended that at any rate

the ship did not go for the purpose of slave trading. If you are of

opinion there was no slave trading contemplated, that that was not the

object of the voyage, there is an end of that question; but, supposing

you should think there was slave dealing intended, and the vessel went

out for the purpose of slave dealing, then there is another important

question--and that is the object of the evidence to character--whether,

supposing there was a slave trading intended, the prisoner was cognizant

of it?

It appears from the evidence, that the Gallinas is a place described by

some witnesses of great experience--two captains in the navy, and

Colonel Nichol, who was the governor of a district in the neighbourhood,

whose employment was mainly to watch the slave coast of which the

Gallinas forms a part, and to contribute to the putting down the slave

trade--that the Gallinas is a place of slave trading, and of no other

trade at all. It seems that the Gallinas is a river navigable for

vessels of some size about twelve miles, that there were some barracoons

for slaves which were destroyed by Captain Denman--destroyed, as it is

alleged, by Captain Denman some time ago--there being about six

establishments called barracoons, which seem to be very large buildings

in which five or six hundred negroes may be confined, and are confined

when brought from the country till they can be exported in vessels

carrying on this trade. These barracoons have, by way of appendages to

them, store-houses for the various stores that may be wanted for those

negroes, and also some places of residence for the Europeans, who appear

to be some thirty in number, who live there; there is nobody else living

there, except that there are two or three negro villages or towns, not

places of any trade, but inhabited by those uncivilised savages. The

country produces nothing, and exports nothing but slaves--that is the

description of the place given by that gentleman. It is said, and I

think with great probability, that the Gallinas is not generally known

as a slave trading place, in fact, it seems very little known at all; it

seems to be a place where any other description of felons may resort to

concert their schemes and hide their stolen goods, and which, of course,

they do not make public, and which is not likely to be known by honest

and true people. Except those employed as police or otherwise in aid of

justice, as these captains were, of course it would not be spoken of at

all. There might be slave traders in London knowing it very well, but

they would be perfectly silent probably, and hardly mention it by name

even in speaking one to another. It is very probable, therefore, that

the place was not very well known; that when these persons spoke of the

Gallinas, they might say the Gallinas on the coast of Africa; and a

person might be very conversant with the geography of Africa in an

honest way, who had not been active in putting down the slave trade, and

yet might not know where it was, except that it was on the coast of

Africa. It is important to show not only that it is on the coast of

Africa, but that it is itself a slave trading place; and that fact

appears to be very evident from the case on the part of the prosecution.

Probably those honest persons, those honestly dealing persons who know

best about it, are those who have been called upon by their public duty

to ascertain it. Such persons have been called, and they give it this

character and description, and they state that it is distinguished from

other parts of the coast of Africa; for on other parts of that coast it

is said slaves are sold as one article of export, but that other things,

such as palm oil--I believe that is the principle thing--and ivory, and

wood, and other things, are sold in immense quantities on the coast of

Africa; but that that is not the case at the Gallinas. They might be

carrying out goods to other parts of Africa, intending to bring home

palm-oil or slaves, as might be most profitable; they might intend to

bring home an honest commodity, and not have to do with this dishonest

and perilous commodity; but it appears difficult to conceive what a

person carrying a cargo of goods to the Gallinas could intend to do with

it, unless he intended to have those goods employed in the slave trade.

The prisoner might say they were to be employed by others in the slave

trade; that would be plain and simple: it is wrong, but it is a plain

and simple account of that which was intended to be done. It is a place,

as it appears, without any trade; and if there be an obvious plain

interest in a person carrying goods to that place, it appears to me that

it may be taken that they were for the purpose of the slave trade. If

that be the plain and obvious inference, it appears to me that might be

the inference very properly drawn by Colonel Nichol, that this was a

slave adventure, unless the contrary were proved.

It is possible that this might be an adventure, not slave trading; if

so, nothing can be more simple than to prove it; Martinez & Co. might

prove that it is an honest adventure. If it was a dishonest adventure,

it could not be expected that Martinez & Co. should be called to give

evidence at all; but if it were an innocent adventure it would be very

easy for them to be called. It is true that persons are to be convicted,

not by evidence they did not produce, but by evidence produced against

them; not on suspicion, but on conviction; but where such evidence is

offered of the trade being slave trading, as is offered here, namely,

that the vessel was loaded with goods, that a cargo of goods was

dispatched to a place where slave trading is the only known object for

which vessels ever go, a slave mart and nothing but a slave mart, you

have a case, though it is an answerable case; but if the answer, which

if it exist could be easily given, is not given, it may very fairly be

inferred that the vessel was proceeding on a slaving voyage, a voyage

either for the purpose of bringing home slaves, or of landing those

goods for the purchase of slaves. That, Gentlemen, is the first question

you have to consider. You will say whether, considering the nature of

this charge, and considering that the vessel is chartered to go from

this place to the Gallinas, that being the place and the only place

mentioned in the charter-party for the outward voyage, she might have

been subsequently employed in voyages to the West Indies or Madeira, at

the discretion of the charterers; but it will be for you to say whether,

in your judgment, in your opinion, on this occasion the vessel did not

sail for the purpose of her being employed, or the goods on board her

being employed, for the trading in slaves. If you are not satisfied of

that, it will be your duty to give a verdict of not guilty. You need not

trouble yourselves to go further, but the prisoner must be acquitted.

Gentlemen, I have not read over to you the evidence which establishes

these facts I have mentioned to you, namely, that the vessel was

chartered. You have heard the charter-party, and you have heard what Mr.

Zulueta says in his evidence, that he did dispatch the vessel, and that

the house were the agents in sending the vessel abroad, and in putting

the goods on board; and you have heard the remainder of the evidence. I

suppose I need not read the evidence which the captains gave at such

great length.

_Foreman of the Jury._ No, my Lord.

Mr. Justice _Maule_. These are facts not disputed, except that it is

disputed that the vessel went out for the purpose of slave trading--that

is an inference to be drawn or not from the evidence.

Then the next question, and an important question is, whether the

prisoner at the bar, Pedro de Zulueta, is a person who was cognizant of

that fact. It certainly is a very grave and serious charge, and one of a

very highly penal nature. It is, however, a trade, which till a recent

period was lawful for persons in this country, and many persons of very

good character certainly did engage in that trade, and a great number of

persons justified it. I suppose those same persons would now say it is

not to be engaged in, because it is a prohibited thing--it is a

regulation of trade enforced by very severe penalties made by this

country--but that the dealing in slaves is in itself a lawful, right,

good, and proper thing, which ought not to be prohibited. Those persons

would now consider slave trading as a thing prohibited only by positive

regulation. There is no one who does not at once perceive that practical

distinction between them. There is no person who, in point of feeling

and opinion, does not perceive the difference there is between a thing

which is prohibited by positive law, and that kind of thing, against

which, if there were no law at all against it, the plain natural sense

and conscience of mankind would revolt. This trading in slaves, in the

opinion of a great many persons, is itself an abomination, a thing which

ought to be considered with the greatest horror, whether prohibited or

not; but those who think it was right when it was not prohibited,

probably do not think it so very bad if it be committed now, since it

has been prohibited by law, only that it is to be avoided on account of

the penalty to which it subjects the individuals engaged in it.

This has some bearing on the question of how far considerations of

character would have weight with respect to such an offence; but it is

necessary undoubtedly on the part of the prosecution that there should

be a case made of knowledge on the part of the prisoner, of the purpose

for which this adventure was meant. Now, with respect to that, it is

taken partly from what he says before the Committee of the House of

Commons, and partly what is given in evidence here, that the house of

Zulueta & Co., (of which the prisoner appears to be an active member,

and with the whole proceedings of which in this matter he appears

certainly according to the statement he himself made to the Committee of

the House of Commons to have been quite conversant)--and it is admitted

that the house of Zulueta were the doers in this country of whatever was

done with respect to this vessel, the Augusta--the Augusta had been

called the Gollupchik, had been captured as a slaving vessel, and she

was then fitted up with the apparatus fitted to that traffic; she was

brought to this country and proceeded against, and ultimately sold,

whether sold under a condemnation which turned out effectual or not does

not distinctly appear. Some one has said that the Russian Government

claimed her, and she was given up to the Russian Government. It appears,

however, that she was sold at Portsmouth; I think she was sold to Mr.

Emanuel, or some person for whom he acted, for 600_l._, and the

expenses, which were about 30_l._ Then she was bought with money

furnished by Zulueta & Co., the amount being 650_l._--it does not

exactly appear by whom--according to the testimony one would say, bought

by Jennings, who was employed as captain on the voyage in question, a

letter having been previously written by the prisoner’s house, stating

to Jennings that they could not give more than 500_l._, but it appears

that ultimately 660_l._ was paid for her. On the occasion on which that

money was paid, the witness says, “I sold her to Jennings and Bernardos;

Bernardos came with Jennings--they came together and paid the money.”

Now, probably you must not take that quite to the letter. This was a

ship sold, not by means of a written instrument as the subject of a

British registry, but as any other British chattel might be sold, such

and such a bale of goods, merely by agreement altogether verbally, that

one should have the goods and the other the money, the article being

handed over when it was so sold. All that the seller cares for is, that

he shall have his money. Whether there are one or a dozen persons

present he may very properly, as a matter of business, leave it to them

whether one or all of them is to pay the money. The witness who is

called, Mr. Emanuel, seems to have thought that Bernardos and the other

bought the vessel; but it seems, according to the charter-party, that

the other party, Jennings, is the only purchaser. According to a

representation I think made at the bar by Mr. Kelly, the real purchasers

were Pedro Martinez & Co., who wanted Jennings for some purpose to

appear as colourable owner, and wanted Jennings to command the vessel.

An Englishman could not by the laws of Spain command a Spanish owned

vessel, and Jennings therefore, if he was to command her, should be

apparently made the owner of her, and that is the reason suggested why

Jennings was made the owner (if he was the owner) by the desire of Pedro

Martinez & Co.

At the end of the charter-party there is a recital, that whereas the

owner, Jennings, is indebted to the charterer in a certain sum of money,

as appears by an acknowledgment elsewhere, he consents that the earnings

of the vessel shall be a lien for the money. Now that refers you see to

another document, which other document, if we had it, would throw some

light upon the transaction, but it is not called for or produced. The

circumstance of Jennings being the commander, and made owner for the

purpose of being the commander in apparent consistency with the law of

Spain, may account for that which has been put very powerfully on the

part of the prisoner as having been inexplicable on the supposition that

any slave trade was intended; for, they say, if the slave trade was

intended, why not have a Spanish captain; because then, though perhaps

within the terms of the treaties there might be a power of search on the

part of British cruizers, no power was given by foreigners which was not

watched by those who gave that power, and such power might be exceeded

by those who exercised it, who were not lawyers or special pleaders; and

it is said it would be much more convenient in case of search to have

that difficulty thrown in the way than the total absence of all

difficulty which exists when a ship professes to be British owned. But

if Jennings was an adventurer, if he were, as suggested, a very clever

and intelligent person, and very conversant with every thing to be done

on this occasion, a competent master of the vessel, supposing the slave

trade to be intended, a thing which requires qualities one is sorry to

see exercised so ill--a great deal of courage, sagacity, and presence of

mind, and an unscrupulous readiness to employ them for the commission of

this felony, not to be found in every body--a man of such a description

would be the paramount object of a slave trader, whose aim would be,

whoever the owner may be, to elude all search, so to manage the thing as

that the cruizers of any country shall not stop him. Probably, if the

adventure succeeds, it must succeed by such means; so that one sees a

perfectly good reason why, consistently with this being a slave trading

voyage, it may have been English owned.

The sale is negotiated in the first instance by Zulueta & Co.; they say

they do it for Martinez. The vessel was bought by Bernardos or Jennings.

I do not know whether I called your attention to that, that Bernardos

was the man who commanded the vessel on an undoubted slave voyage when

she was seized and brought into Portsmouth. Whether Pedro Martinez or

the captain bought the ship, or however it was bought, that transaction

appears to have been managed by Zulueta & Co., and through the

intervention of Jennings.

Then there comes the transaction of chartering. The vessel was chartered

subject to this proviso at the end of it, and the charter-party is

negotiated entirely by Zulueta. Whatever Pedro Martinez & Co., supposing

there were such persons (and it may be taken that there were such

persons, though the evidence of there being such persons is, that Mr.

Zulueta says so in his evidence before the Committee of the House of

Commons, and it is a fact the negative of which could easily have been

proved, but it has not been proved); you may fairly assume, therefore,

that there are such persons as Pedro Martinez & Co., for that

observation of the learned counsel for the prisoner on the statement of

Mr. Zulueta before the Committee is as far as it applies to that

particular part of the evidence well founded, namely, that if it were

not true the contrary might be proved; but that is not true in the

generality to which Mr. Kelly applied it, for there might be a great

many statements in that evidence before the Committee of the House of

Commons which were not true, but which the prosecutor would not be

allowed to prove were not true--I mean those not connected with this

particular transaction. There are many things stated in that evidence,

which I apprehend, if false, the prosecutor would not be entitled to

prove the falsehood of; but I apprehend that does not apply to the

existence of Pedro Martinez & Co. But they appear to have existed and to

have employed as their agents in this country Pedro Zulueta & Co., and

whatever is done in this country by Pedro Martinez is done by Pedro

Zulueta & Co. just as much as if they had done it themselves; they knew

as much about the matter as the parties themselves; they negotiated this

charter-party, and they dispatched the vessel and put on board all the

goods. The goods appear by the cockets to have been entered in the name

of Captain Jennings; I do not know that that is a circumstance of any

suspicion; it is not proved to be out of the way, and I do not see any

good reason for suspecting the integrity of the transaction arising out

of that particular circumstance. It seems to me, therefore, that Zulueta

& Co. do stand in a very different situation from that put a

considerable number of times to you by the learned counsel for the

prisoner, namely, the situation of a person who is simply the

manufacturer or dealer in goods, and who has those goods ordered, such a

weight of gunpowder, and who inquiring, “Where shall I send it?” is

answered, “Send it on board the Augusta, now lying at Liverpool.” It

would be a strong thing from that circumstance to infer that a person

sending that gunpowder had any thing to do with slave trading: but that

appears not to be the nature of this transaction. In regard to there

being a slave trading, all that is done, is done by Zulueta & Co. It is

not merely that they had goods sent on board the ship, but they chose

the number of the goods to be sent on board the ship--goods which they

had bought, for which they had negotiated, and they made out such

charter-party, and that charter-party provides that the ship shall

proceed to Gallinas, on the coast of Africa.

Gentlemen, that is I think pretty nearly all the evidence that there is

in the case. You have the evidence of the captains on the subject. If

you think that this was a slaving voyage, you will consider the conduct

of Zulueta & Co. in buying, and chartering, and loading it, and

dispatching it. Now, Zulueta & Co. are shown to be merchants with very

extensive connexions and concerns, and the prisoner particularly is a

person of great knowledge and education, and generally speaking one

would say that as merchants, though that is a matter for you to

consider, I do not know that I can put it higher than this, that they

are persons of great skill and great experience. The prisoner had the

whole management and direction of the voyage to a particular place to

carry goods to that place, that being a place not without suspicion; the

vessel itself also being a vessel which had been used for the slave

trade, though it might be innocently used afterwards; but, still your

attention has been directed to that circumstance, and it has been

particularly directed to the circumstance that every thing applicable to

slave apparatus was ordered to be removed before the vessel was

dispatched. That would be a thing of course to be done, whether the

vessel was going on a slave expedition or not, for as has been

suggested, the officers of Government always examine a vessel,

particularly on going to the coast of Africa. With a view to this, I

should think it would be quite a matter of course, even if the vessel

was intended to be sent to promote the slave trade, that she should not

go out with shackles or leagers, or any thing of that kind on board, for

if they are on board, the vessel would be at the mercy of any

Custom-house officer; it would be quite advertising the adventure. And

there being found these shackles and these leagers on board the vessel

at Portsmouth, and their being so dealt with, I do not think at all

helps on the case for the prosecution, for the vessel undoubtedly had

been a slave vessel, it had been fitted up with these things, and would

naturally have them on board her, and as naturally, whether she was

intended to be sent out on a slave expedition or not, these things would

be taken from on board her; and you find that they were taken from on

board. The fact of their having been on board, when the schoolmaster and

the cooper saw them on board, does not appear to me to be any thing

against her, for she had been a slave vessel. On the other hand, the

circumstance of their being taken out and landed before she sailed on

her voyage does not appear to be any thing for her, for both these

circumstances would have taken place whether the voyage was an innocent

or a guilty voyage; those circumstances, in my opinion, have no bearing

on the question. Whether the vessel was intended to be engaged in slave

trading or not, that is a point I have already put to you in considering

whether the voyage was a slave voyage, or for the accomplishment of the

slave trade. I did not before advert to the circumstance of these things

being on board, and I mention it now only, as it has a sort of

colourable look, to show why it is I do not lay any stress upon it.

I was observing that though people in general might not be well aware of

this trade being intended to be carried on, yet persons not extremely

simple, but skilful people, may be fairly taken to know what the object

is with which a voyage is undertaken when they themselves are the

agents, supplying, chartering, loading, and dispatching a ship for the

voyage. It may be that the object may be concealed from them, or that

they may not know that this voyage to the Gallinas was a slaving

expedition. A simple person, who knew nothing about these matters and

had not some special acquaintance with the trade, might know nothing at

all about it, they might not know the nature of the trade carried on at

this place. The mention of Gallinas on the coast of Africa would not

convey to the mind of an ordinary person that it was to a mere den where

this traffic and nothing else was carried on; but this vessel is sent to

the Gallinas by these gentlemen, who are very skilful persons, who

negotiate the whole transaction. Now, it may very generally be taken

that people know what they are about, unless they can show there was

some particular concealment, some hinderance to their knowing to this

extent that this was a place connected with the slave trade, and so

exclusively engaged in the slave trade as it really seems to be; but,

supposing that a case is made which requires an answer, if it is shown

that there was a slave trade, and that a person did employ a vessel in

that business, and did load it for that business, that certainly is a

case raising some degree of presumption against the person who has been

engaged, and one would be very glad if the case were of a description in

which it had been met by a decisive answer in point of fact.

It is said on the part of the prisoner, first, that this was not a

slaving voyage. Now, if it had been a slaving voyage--it is possible

that there might be a case, which unless fairly answered would lead to

the presumption that that was the object--in which an answer might

exist, but where it would be impossible for the prisoner to get it, you

would feel a difficulty in acting on such a case; but in the present

case, supposing that this was not a slaving expedition, the answer

exists, and the answer might be given with the greatest ease. There

appears to me no reason why it should not be given. The house of

Martinez & Co. have a house at Cadiz, and a house at the Havannah, and

if they did not send this vessel for the purpose of the slave trade, and

they were quite innocent in this matter, any one of them or their clerks

might with the greatest ease be called. There is no deficiency of funds

here, and it would put an end to all question if they could say, “This

was not for the slave trade; these goods were to be employed for--and

then they might fill up the blank, I do not know how, but by some words

expressing an innocent purpose, and that would be a full answer; but

there is an absence of all answer that bears on the question whether

there was slave trading intended or not.

Now, supposing you should be of opinion that there was no slave trading

intended, there is an end of the case. I think you may perhaps be of

opinion this vessel was intended for slave trading. Supposing you are of

that opinion, then you come to that which is the anxious and important

question, namely, whether the prisoner was cognizant of that fact. It is

alleged that the prisoner is not the exclusive manager of the concerns

of the house; it is not very likely he should be; he appears to have

been fully cognizant of this particular matter; and, supposing that

considering the exclusive part taken by these gentlemen in this

transaction of dispatching the vessel, supposing you should think that a

case requiring an answer, then you will consider whether it should not

have an answer, if one exists. Now, it appears that the prisoner is not

exclusively cognizant of all the transactions of this house. There are

two other partners; there are--though it is not in evidence, but it may

be presumed that there are--clerks and persons employed in the house of

Zulueta, all or any of whom might have been called. It is alleged that

the profit on this transaction would be extremely small. I do not think

that the petty gain of this one transaction is the matter, for it

appears that Pedro Martinez & Co. do a great deal of business, and it is

possible that whenever persons have a large and valuable business to

conduct, there is some small portion that the correspondent and agent

would willingly get rid of if he could; but he is not allowed to pick

and choose, but he must take the whole. That is one of the grounds they

put; the other is as to character.

Now, inasmuch as there are two other partners, and it is probable there

might be some other persons in the concern, there arises this

consideration. It is true, supposing that there were a case made, but

that the prisoner was innocent of it, that he could not call Martinez &

Co. on that supposition as he might on the supposition of there being no

slave trading, for Martinez & Co. would not be innocent persons, and

they would not be willing to come into this country and say, “We carried

on the slave trading, but it was disguised from our correspondent

Zulueta & Co.” If you think there is a case requiring an answer, the

question then is, would there have been any difficulty in the prisoner

calling his two partners and others conversant with the business of the

firm, and proving that Zulueta & Co. knew nothing at all about this,

that they had not the least suspicion, that Martinez & Co. never

communicated the fact to them, and that the illegal purpose was utterly

unknown to them, for some reasons which the prisoner cannot give, but

which his partners could? It would be extremely desirable they should do

it, if the defence existed in point of fact.

Supposing the case made to require an answer, there are two modes of

answering a charge. The one is, that of calling a great number of

persons to prove that it was unlikely, from the high character of the

firm, that they should engage in such a transaction; that is one.

Another mode, is calling three or four persons, who if he were guilty

must know it, and who will prove that he was not. The former of these

modes has been adopted on this occasion. You have, however, the case

before you. I do not think it necessary to go any further into the

evidence, having, I conceive, stated the effect of it sufficiently. If

you are satisfied that there was a slave trading, you will consider

whether Zulueta, the prisoner, was cognizant of it, and shipped these

goods, and dispatched the ship for the purpose of accomplishing the

object of slave trading; and then, in considering that, you will

consider the observations, as far as they are entitled to attention, and

the evidence of the very high character of the prisoner--a character I

should say very strong indeed, and almost conclusive, supposing the case

were one that did not admit of an answer in point of fact. If he has the

means of showing that he did not do that with which he is charged, and

he only says, I will prove that I am extremely unlikely to do it; I do

not say how far you should give weight to that sort of evidence. You

ought to be well satisfied of a fact of this sort, before you find him

guilty of such a charge as this.

_Foreman of the Jury._ We beg to retire, my Lord.

_A Juryman._ May we find on any particular count?

Mr. Justice _Maule_. You will consider the charge as that of employing a

vessel, or loading goods on board, for the purpose of accomplishing the

slave trade. The great question is, the knowledge and intention of the

prisoner. If the thing was done with his knowledge and intention, and it

was for the purpose of slave trading, there is no doubt that he bought

and dispatched the ship, and loaded the goods. I do not see why you

should trouble yourselves with any particular count.

[_The Jury withdrew at Twenty Minutes before Twelve, and returned into

Court at Ten Minutes after One, finding a verdict of_ “NOT GUILTY.”

Mr. Serjeant _Bompas_. My Lord, there is another indictment against the

prisoner for a misdemeanour. It appears to me that it involves

necessarily the very same question, and therefore, as far as I can judge

of it, and of course with the authority of the prosecutor, I feel that

it would be wrong to put the prisoner again on his trial for that

offence. It seems to me that it will depend upon the same evidence, and

I cannot but conclude that the Jury will come to the same conclusion. I

will take the opportunity of saying one word. Observations having been

made with respect to myself when the former case was going on, when I

could not interfere, I can merely say, that with regard to myself, the

prosecutor, and of every person connected with the prosecution, there

was no possible fact or document which I could have admitted, which

could have done the prisoner the slightest benefit.

Mr. Justice _Maule_. That observation was made in Mr. Kelly’s address.

Mr. Serjeant _Bompas_. It was impossible we could have any view but that

the Jury should have the whole before them, and we rejoice in the

result.

Mr. _Kelly_. With regard to what has fallen from my learned friend, Mr.

Serjeant Bompas, I am greatly obliged to my learned friend for making

that observation to his Lordship. As far as respects that part of what

has fallen from my learned friend, which respected the other indictment,

it will be desirable in the course of the present session--I do not say

to-day or to-morrow--but in the course of the present session, to

empannel a Jury, and that the prisoner, Mr. Zulueta, should be

acquitted in respect of that indictment. With regard to the other

observation which has fallen from my learned friend, I beg to assure

him, which I do with the utmost possible sincerity, that I never

intended to say any thing which could be construed in the slightest

degree as disrespectful to him. There is no gentleman at the bar less

deserving of any disrespectful observation than my learned friend.

Mr. Serjeant _Bompas_. Your observations were made in public, and

therefore I felt it necessary to say what I did. Your Lordship will

order the expenses to be paid?

Mr. Justice _Maule_. Certainly: I think that it was a very proper case

for inquiry. The most convenient course will be just to swear the Jury

in the second case, and take a verdict.

Mr. Serjeant _Bompas_. If the Jury have no objection.

_The Jury were sworn to try the Indictment for Conspiracy._

(_The Jury were charged with the Prisoner in the usual way._)

Mr. Serjeant _Bompas_. Gentlemen, you have heard what I stated to the

learned Judges. The case has been already before you, and I am quite

satisfied with your decision; you will, therefore, find the prisoner Not

Guilty.

_The Jury immediately pronounced the Prisoner_ “NOT GUILTY.”

LONDON:

C. WOOD & CO., PRINTERS, POPPIN’S COURT, FLEET STREET.

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 83 / 88 题