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.
In this state of things the trial comes on. The facilities thus far
given to an unknown accuser have been seen, and to so frightful an
extent, that even if the trial proceeds no further, an amount of
incalculable and irreparable evil and misery may have been perpetrated.
These facilities, it has been further seen, are not at all balanced by
the strictness of the requirements of the law from the prosecution, they
are all applied against the accused. The definition of the crime by the
Act of Parliament is itself loose and capable of an unlimited
application, and it is understood and laid down in the very largest,
thereby including acts which are notoriously and expressly admitted to
be in themselves perfectly innocent: the only qualification is the
_knowledge_. This is brought to a lower point in the scale, _viz._
_suspicion_. With a show of ingenuousness, as if to put down _a
quibble_, which in Court sounds like a zeal for the truth, the question
is made to be, not whether _you knew_, but whether _you suspected_; and
next, whether _you had reason to suspect_; the tendency really being
towards the real point, to which you are only being gently let down,
_viz._ whether witnesses can be found who will say that they themselves
_knew_ very well a great many things, which ought therefore to have been
known by yourself, and that therefore you must at least _have
suspected_.
Then the prosecution is not limited to the proof of one particular
charge: here it is suffered to remain quite at large--they need not
define the act they mean to charge, whether it is this, or that, or any
thing else, upon the accused. The knowledge of the intent, in which
every lawyer in the land whom you may consult previous to entering into
any operation, will tell you, _before you are indicted_, that the guilt
consists, after being brought down to a lower point, as observed before,
is made out to be, 1st, any knowledge, not the knowledge in the
particular case; 2nd, the knowledge of _others_, not _your_ knowledge;
and the proof of it is no further put upon the prosecution than so far
as to make out a case of _probable knowledge_, founded upon evidence of
some general acts done by certain persons on other occasions, not the
one in question, in distant countries--acts to which you are not shown
to have been a party, or even probably acquainted with--persons in
respect of whom all your proceedings in England are admitted to be in
themselves, and as done towards them, perfectly innocent; such acts
being done upon such other occasions by such persons in countries far
away, little known, with which no regular means of communication
exist--countries almost unknown to every one in England, and not at all
proved to be known to yourself: and all this evidence given by
individuals not in circumstances analogous to those in which the accused
stands, but by individuals, and by no others, who in the exercise of a
peculiar duty have sometimes visited the countries in question; and
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account