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.
The preceding remarks are scattered over the whole of the summing up,
and accompany a recapitulation of the particulars of the case. They are
here brought together in succession, for the purpose of showing the
manner in which the circumstances of the case, in a proceeding of this
kind, are treated. It is very true that an introductory remark precedes,
laying down “that 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.” The
whole process which follows is of a nature which would appear contrary
to this principle, unless with the qualification that the proof is to
consist in the prisoner not giving himself a plain and simple account of
something innocent meant by the foreign merchant residing abroad; and as
if the law left no alternative to the shipping-agent, who buys and ships
the goods in England by his order, but to do this; or, _ipso facto_, by
not doing so, to stand self-convicted of the guilty knowledge.
Under this view of the requirement of the law, which I have now followed
throughout this charge, the concluding remarks of the Judge seem to be
dictated. “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.” And lastly, the
learned Judge concludes his address to the Jury, by directing their
attention to the evidence of the character of the prisoner, remarking,
that it is “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.”
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