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.
5282. Is there not a rule on that subject, and are not all vessels
taken in British waters on suspicion of being engaged in the slave trade
prosecuted in the Admiralty Court?--No; it remains with the captor, if
there is a treaty which will reach the vessel, to prosecute her under
that treaty before the Mixed Commission Court, if she is a Spaniard or a
Portuguese, or before the Admiralty Court, for a breach of the municipal
law, because she violates both the treaty and the municipal law, and
therefore he has the choice of the one court or the other.
5283. In your last evidence you spoke of a vessel captured of the name
of Jack Wilding, at Accra, upon that ground; in which court was she
prosecuted?--Before the Mixed Commission Court, but the captor had the
option of prosecuting her before the Admiralty Court; the expenses are
so much less in our court, and the proceedings so much more rapid, that
he preferred bringing her before ours.
5284. Is not the evidence taken before the Mixed Commission Court
transmitted to England?--Yes; and it is published by the Foreign Office.
5285. But the evidence in trials before the Vice-Admiralty Court is
never made public?--It is not, and a very great disadvantage it is, for
this reason: our ability to condemn many of the vessels that were
condemned in 1839 depended very much upon evidence found on board
vessels brought before the court; this evidence conclusively proved the
employment in the slave trade of other vessels not then before us, which
were afterwards captured. Now, all evidence of that kind, which might be
made use of subsequently in the condemnation of other vessels, is
completely shut up from the public or from general knowledge, by the
proceedings before the Vice-Admiralty Court being never made public. In
the Mixed Commission Court papers can be invoked by the proctor which
have been filed in a particular case against another vessel that is
subsequently prosecuted.
5286. _Chairman._] Is there no advantage in the secrecy of such
papers?--None whatever.
5287. The proceedings before the Mixed Commission Court are public in
themselves, and are published afterwards?--The examinations are not
public, but strictly private in the first instance, but they are read in
open court at the trial of the vessel, and they are sent home to the
Foreign Office; an abstract of the evidence of every witness is given.
5288. The evidence taken before the Vice-Admiralty Court is not
published in any way?--No.
5289. Is it communicated to the Mixed Commission?--No.
5290. Mr. _Aldam_.] Are the proceedings of the Vice-Admiralty Court
there carried on in the same form as the proceedings of the Admiralty
Court here?--Yes, very much the same.
5291. With any greater degree of secrecy?--No, but here the public
papers publish them; we have no newspapers there to publish accounts of
the proceedings.
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