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 the same principle of demanding a justification of innocence is
carried out, which pervades the whole of the summing up, and of every
part of the management of the case by the Court. It is not said, in any
one part of the charge, that the prosecution have made out either a case
of slave dealing, or any knowledge of such a thing being intended, or
known to be intended by the prisoner, against which a contrary case
should be opened and proved; but only that evidence which the prisoner
should give of innocence is pointed out; and, what is most remarkable,
the following circumstance was not thought worthy of notice.
Mr. Fitz-Roy Kelly (the counsel for the defence) had in the outset, when
Mr. Serjeant Bompas was opening the evidence for the prosecution,
brought into Court every book, letter, and paper of the firm of Zulueta
& Co., with the clerks in whose keeping these documents constantly are:
they consisted of the journals, ledgers, letters, bill-books,
memorandum-books, original letters of the house of Martinez & Co., of
the Havannah, and Martinez of Cadiz, since 1839, one year before these
transactions originated, up to 1841, one year after their termination;
and, as will be found in page 303, Mr. Kelly made the following
tender:--“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.... 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.” This is not taken any notice of by the learned
Judge, when pointing out that the prisoner should have called his own
father and his own brother, the only partners in the house, to prove
that Zulueta & Co. had no knowledge of any slave trading being intended,
although the prisoner himself had so stated the fact to be before the
Committee of the House of Commons, in the evidence which had been read
in Court; and if the statement was objectionable, as being from the
party now deeply interested himself, when in a very different situation,
it is not perceived how that objection would not have held with tenfold
strength at that moment against their evidence. Thus it remains on
record, that nothing short of a plain and simple account of what the
merchant abroad intends, made out by the defendant, will answer any
purpose of the slightest advantage to himself. It is enough in the case
Public-domain text, read in full here on John Shaqi.
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