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.Zulueta, Pedro de
History
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.
Zulueta, Pedro de
Slave trade -- Africa; Slave traders -- Africa; Trial transcripts -- England -- London; Zulueta, Pedro de -- Trials, litigation, etc.
Here, after using that description of the charge, which is calculated to
convey a false notion of what was, and could alone, even by the worst
construction and perversion, be imputed, as if the charge had been
dealing in slaves, they express a high sense of the philanthropic and
public spirited conduct of the prosecutor--necessarily including the
inquisitorial proceeding before the Grand Jury--the mode of apprehension
of the accused--the resistance to his being released on even large bail,
and to his having time given him to prepare his defence--the shrinking
from appearing as a witness in public, and stating there what he, the
prosecutor, had been ready to swear before the Grand Jury--the bringing
up of a witness to raise an appearance of the existence of facts, the
very contrary of which had been deposed to before the Committee of the
House of Commons by the leading witness for the prosecution in
Court--all this forms that conduct, which must have been taken into the
consideration of a committee of a benevolent society, and which in
discharge of a duty of both justice and humanity that committee have
pronounced as both philanthropic and public spirited.
The resolution proceeds to state, that in the course adopted by the
prosecutor he has been fully supported by the decision of the Grand Jury
and the declared opinion of the Judge. It is impossible to estimate what
value to attach to the finding of a Grand Jury without knowing upon what
evidence their finding was based. In the present case, one fact is
beyond all dispute, viz. that Sir George Stephen appeared before the
Grand Jury as the first witness, his name standing as such on the back
of the indictment, and that he did not present himself in the
witness-box at the public trial, although in Court from the beginning to
the close of it--from which it results, that the Grand Jury had before
them a witness, giving to them in private, evidence which he did not
think proper to give in public. Must not the inference be permitted,
that the Grand Jury would have thrown out the bill, as the Petty Jury
threw out the indictment, unless some evidence, which was not offered to
the latter, had been given to the former by a witness, and that too,
unfortunately, by a witness who seems to have preferred the secret
inquisitorial form, which still remains in British law, to the open and
public path which was before him, and which is the proper boast of
British justice?
Regarding the support derived from the expressions of Judge Maule, when
applied to by Serjeant Bompas for an order for the payment of the
expenses of the prosecution, it is not for me to speak; but that it does
not extend to a sanction, in point of propriety, to the part taken by
the prosecutor, nor to the manner in which he has discharged it, is very
obvious.
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