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. — John Shaqi
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.
that the right of prosecution may be confined to such hands, and its use
to such a procedure as will afford the British merchant a guarantee
against private, malicious, secretly conducted attacks, and will make
his personal security something more than a mockery. I make this appeal
with the same confidence in the result, which my conscience felt when I
stood before the British Jury, into whose hands it pleased Providence,
by so unexpected a proceeding, to place, in point of fact, my very
existence--the existence of all that is dear to me on earth--of much
that the world has had opportunities to try and has stamped as
honourable in character--of much, not the less valuable because the
world can never know of it--the Jury upon whose verdict hung the honour
of this country--a country for whose honour and estimation among the
nations of the earth I must feel strongly--and from which a gross and
cruel injustice would be doubly felt, bound to it as I am by those ties,
which it has been attempted barbarously to tear asunder, but which it is
only in the power of God to dissolve.
P. DE ZULUETA.
_London, 17th January, 1844._
OPINIONS OF THE LEGAL AUTHORITIES
_Referred to in_ p. lxii.
“1 & 2. There is not any thing in the Act of Parliament in question
which renders illegal a commercial dealing on the coast of Africa, in
usual lawful merchandise, though such dealing may be with a person known
to gain his livelihood by dealing in slaves, and therefore of course, an
owner or supercargo making a sale in the manner described to any such
person, does not subject himself or the ship to any of the penalties of
the Act.
“3. Independently of the above Act, an English owner, or master, or
supercargo, or other person who engages in such commercial dealing as
above described, is not guilty of any offence against the law, nor
subject to any punishment.
(signed)
“_Fred. Pollock._”
“Temple, 8 June, 1842.
(_Vide Report, West Coast of Africa, Part I_, p. 344.)
* * * * *
“1. Unless the merchant knew, when he sold the goods, that they were
used for carrying on the slave trade, I am clearly of opinion that he is
not guilty of felony. The question of knowledge will be for the Jury, if
the case is tried by a Jury, or by a Judge or Judges without a Jury, and
will depend upon the evidence that is given either of direct knowledge,
or that the circumstances were such that he must have known the
destination and occupation of the vessel and her crew.
“2. It will appear from the statutes 11th and 12th, and 46th of Geo.
III, c. 54, &c., that the merchant might be tried at Sierra Leone, and
if so, I am disposed to think that the constituted authorities at Cape
Coast would be warranted in apprehending him and sending him for trial
to Sierra Leone, as the offence committed is felony.
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