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
William Brodie Gurney
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TRIAL OF PEDRO DE ZULUETA, JUN., ON A CHARGE OF SLAVE TRADING, UNDER THE 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.
TRIAL OF PEDRO DE ZULUETA, JUN., ON A CHARGE OF SLAVE TRADING, UNDER THE 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. WITH AN ADDRESS TO THE MERCHANTS, MANUFACTURERS, AND TRADERS OF GREAT BRITAIN , BY PEDRO DE ZULUETA, JUN., ESQ. AND DOCUMENTS ILLUSTRATIVE OF THE CASE. LONDON : C. WOOD & CO., POPPIN’S COURT, FLEET STREET . 1844. A Full Report from the Short-hand Notes of W. B. Gurney, Esq. WITH AN ADDRESS TO THE MERCHANTS, MANUFACTURERS, AND TRADERS OF GREAT BRITAIN , BY PEDRO DE ZULUETA, JUN., ESQ. AND DOCUMENTS ILLUSTRATIVE OF THE CASE. LON
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OPINIONS OF THE LEGAL AUTHORITIES Referred to in p. lxii.
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
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R. R. Gibbons, Esq., to Messrs. Zulueta & Co. HOUSE OF COMMONS. Select Committee on West Coast of Africa.
R. R. Gibbons, Esq., to Messrs. Zulueta & Co. HOUSE OF COMMONS. Select Committee on West Coast of Africa.
Gentlemen, April 15th, 1842. By Lord Stanley’s desire I send you a copy of Dr. Madden’s Report, on the Gold Coast, and its dependencies. I am to add, that this is sent to you as being personally interested therein, but that you will be good enough to consider it as entirely confidential. I have, &c. R. R. Gibbons. The Report of Dr. Madden forms part of the Appendix to the “Report from the Select Committee on the West Coast of Africa [3] ,” and although the first official communication wh
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COPY OF A LETTER FROM MESSRS. ZULUETA & CO. TO LORD VISCOUNT SANDON.
COPY OF A LETTER FROM MESSRS. ZULUETA & CO. TO LORD VISCOUNT SANDON.
My Lord, London, 25 April, 1842. A letter has been addressed to us under date of the 15th inst., by Mr. R. R. Gibbons, sending to us, at your Lordship’s desire, a copy of Dr. Madden’s Report on the Gold Coast of Africa, and its dependencies, and stating that this is done in consideration of “our being personally interested therein, but that we are to consider it as entirely confidential.” In common with all other merchants in this city, we may of course be said to possess more or less of a profe
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MINUTES OF EVIDENCE TAKEN BEFORE THE SELECT COMMITTEE ON WEST COAST OF AFRICA.
MINUTES OF EVIDENCE TAKEN BEFORE THE SELECT COMMITTEE ON WEST COAST OF AFRICA.
MEMBERS PRESENT. Sir T. D. Acland. Mr. Aldam. Lord Viscount Courtenay. Lord Viscount Ebrington. Mr. Evans. Captain Fitzroy. Mr. Forster. Mr. Hamilton. Mr. Metcalf. Mr. Milnes. Mr. W. Patten. Mr. Stuart Wortley.   Lord Viscount Sandon in the chair. Henry William Macaulay , Esq. called in; and further examined. 5003. Chairman. ] Will you state what has been your connexion and acquaintance with the coast of Africa?—I went out to Sierra Leone first in the early part of the year 1830 as a merchant, a
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HOUSE OF COMMONS. Select Committee on West Coast of Africa. R. R. Gibbons, Esq. to Messrs. Zulueta & Co.
HOUSE OF COMMONS. Select Committee on West Coast of Africa. R. R. Gibbons, Esq. to Messrs. Zulueta & Co.
Gentlemen, July 15th, 1842. I send you herewith a copy of evidence given by Captain Hill, of a later date than that I sent on a previous occasion. I am, &c. (signed) R. R. Gibbons. MEMBERS PRESENT. Sir T. D. Acland. Mr. Aldam. Viscount Courtenay. Captain Fitzroy. Mr. W. Hamilton.     Viscount Sandon , in the chair. Captain Henry Worsley Hill , called in; and further Examined. 7958*. Chairman. ] Have you something which you wish to add to your evidence on the case of the Augusta?—Yes; I w
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MINUTES OF EVIDENCE TAKEN BEFORE THE SELECT COMMITTEE ON WEST COAST OF AFRICA.
MINUTES OF EVIDENCE TAKEN BEFORE THE SELECT COMMITTEE ON WEST COAST OF AFRICA.
MEMBERS PRESENT. Mr. Aldam. Sir T. D. Acland. Captain Fitzroy. Sir Robert H. Inglis. Mr. Milnes. Mr. W. Patten. Mr. Stuart Wortley.     Captain the Honourable Joseph Denman , R. N. called in; and Examined. 6540. Chairman. ] Will you state what your service on the coast of Africa has been?—My first acquaintance with the coast of Africa was in the year 1834, when I took over a slave vessel from Rio Janeiro. In the year 1835 I commanded the Curlew, upon that coast, for a considerable period; and fo
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EVIDENCE OF PEDRO DE ZULUETA, JUN., ESQ. TAKEN BEFORE THE SELECT COMMITTEE ON WEST COAST OF AFRICA.
EVIDENCE OF PEDRO DE ZULUETA, JUN., ESQ. TAKEN BEFORE THE SELECT COMMITTEE ON WEST COAST OF AFRICA.
MEMBERS PRESENT. Sir T. D. Acland. Mr. Aldam. Viscount Courtenay. Captain Fitzroy. Mr. Foster. Mr. W. Hamilton. Sir R. H. Inglis. Mr. Milnes. Mr. Wilson Patten. Lord Stanley. Mr. G. W. Wood.     Viscount Sandon , in the chair. Pedro de Zulueta , Jun. Esq. called in; and examined. 10370. Chairman. ] You have seen some statements that have been made to this Committee upon the subject of a transaction in which your house was engaged; have you any observations to offer upon it?—I received from the C
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REPORT FROM THE SELECT COMMITTEE ON THE WEST COAST OF AFRICA.
REPORT FROM THE SELECT COMMITTEE ON THE WEST COAST OF AFRICA.
Martis, 22º die Martii, 1842. Ordered , That a Select Committee be appointed to inquire into the State of the British Possessions on the West Coast of Africa, more especially with reference to their present Relations with the neighbouring Native Tribes. Mercurii, 6º die Aprilis, 1842. A Committee was nominated of,— Lord Stanley. Viscount Sandon. Lord John Russell. Sir Robert Harry Inglis. Mr. E. Denison. Mr. Forster. Sir Thomas Acland. Mr. Milnes. Mr. Charles Buller. Mr. Hutt. Captain Fitzroy. E
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REPORT.
REPORT.
  The SELECT COMMITTEE appointed to Inquire into the State of the British Possessions on the West Coast of Africa , more especially with reference to their present Relations with the neighbouring Native Tribes, and who were empowered to Report their Observations, together with the Minutes of Evidence taken before them, to The House;—— Have considered the Matters to them referred, and have agreed to the following REPORT: YOUR COMMITTEE, previous to reporting the result of their Inquiries into the
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IN THE CENTRAL CRIMINAL COURT. Regina v. Zulueta.
IN THE CENTRAL CRIMINAL COURT. Regina v. Zulueta.
Counsel for the Prosecution. MR. SERJEANT BOMPAS. MR. SERJEANT TALFOURD. MR. PAYNE. Counsel for the Defence. MR. FITZ-ROY KELLY. MR. CLARKSON. MR. BODKIN.   Attorney for the Prosecution. SIR GEORGE STEPHEN. Attornies for the Defence. E. J. & H. S. LAWFORD.  ...
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PROCEEDINGS INSTITUTED AGAINST PEDRO DE ZULUETA, JUN., ESQ.
PROCEEDINGS INSTITUTED AGAINST PEDRO DE ZULUETA, JUN., ESQ.
From the moment I left the Committee of the House of Commons, on the 23d of July, 1842, I never again heard of this matter until Wednesday the 23d of August, 1843. On that day, between two and three o’clock in the afternoon, I was sitting at my desk in the private room of Zulueta & Co.’s office, 22, Moorgate Street, in the City of London, when a clerk came into the room to announce that a gentleman of the name of Scoble wished to see me. “Do you know him? He says that he is not known to
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Extract from the Book kept at the Station-house on Garlick Hill, containing the Entries of Charges made on Wednesday, August 23, 1843.
Extract from the Book kept at the Station-house on Garlick Hill, containing the Entries of Charges made on Wednesday, August 23, 1843.
Hour 3. 50.— Pedro de Zulueta (32), 22, Moorgate Street, brought in by P. C. [14] 489, —— Tye, charged by Sir George Stephen, 17, King’s Arms Yard, Coleman Street, with Felony ( Slave Trading ); also with Conspiracy, a true Bill having been found against him at the C. C. Court on both of the above charges. (signature of person charging) “ George Stephen. ” [14] P. C. means Police Constable....
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(From the Anti-Slavery Reporter.) CENTRAL CRIMINAL COURT. Wednesday, August 23, 1843. (Before the Recorder.) EXTRAORDINARY AFFAIR.
(From the Anti-Slavery Reporter.) CENTRAL CRIMINAL COURT. Wednesday, August 23, 1843. (Before the Recorder.) EXTRAORDINARY AFFAIR.
The Grand Jury having, in the course of the day, returned true bills against Pedro de Zulueta the younger, of the parish of St. Mary-le-Bow, merchant, Thomas Jennings, and Thomas Bernardos, late of the same place, mariners, for felony, Mr. Clarkson applied to his Lordship under, as he said, circumstances of a rather peculiar character. Two bills had been found against Mr. de Zulueta for felony and misdemeanor. He was a highly respectable merchant of the City of London, and he was charged with co
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INDICTMENT FOR FELONY.
INDICTMENT FOR FELONY.
CENTRAL CRIMINAL COURT To wit. —The jurors for Our Lady the Queen, upon their oath present that Pedro de Zulueta the younger, late of the parish of Saint Mary-le-Bow, in the City of London, merchant and commission agent; Thomas Jennings , late of the same place, mariner; and Thomas Bernardos , late of the same place, mariner, heretofore and after the 1st day of January, in the year of the reign of our Lord 1825, to wit, on the 1st day of November, in the 4th year of the reign of Our Sovereign La
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INDICTMENT FOR CONSPIRACY.
INDICTMENT FOR CONSPIRACY.
CENTRAL CRIMINAL COURT To wit. —The jurors for our Lady the Queen, upon their oath, present that Pedro de Zulueta the younger, late of the parish of St. Mary-le-Bow, in the City of London, merchant and commission agent; Thomas Jennings , late of the same place, mariner; and Thomas Bernardos late of the same place, mariner, heretofore and after the 1st day of January, in the year of our Lord 1825, to wit, on the 1st day of November, in the 4th year of the reign of Our Sovereign Lady Queen Victori
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(From the Anti-Slavery Reporter.) CENTRAL CRIMINAL COURT. Thursday, August 24, 1843. THE CHARGE OF TRADING IN SLAVES.
(From the Anti-Slavery Reporter.) CENTRAL CRIMINAL COURT. Thursday, August 24, 1843. THE CHARGE OF TRADING IN SLAVES.
Mr. Clarkson applied to their Lordships to take the bail for Mr. de Zulueta, arranged by the Recorder on the previous evening. He explained that only one of the sureties having been present, and the hour too late to obtain the other, Mr. de Zulueta had been enlarged upon giving his own recognizance in 6,000 l. , and one security in 2,000 l. He was now in Court with Mr. Glyn, the well-known banker, and Mr. Wilcox, who were ready to enter into the sureties of 1,000 l. each, Mr. de Zulueta himself
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AFFIDAVIT OF DEFENDANT AND MR. EDWARD LAWFORD IN SUPPORT OF APPLICATION FOR WRIT OF CERTIORARI.
AFFIDAVIT OF DEFENDANT AND MR. EDWARD LAWFORD IN SUPPORT OF APPLICATION FOR WRIT OF CERTIORARI.
IN THE QUEEN’S BENCH. Pedro de Zulueta the younger, of the city of London, merchant, and Edward Lawford , of Drapers Hall, in the same city, gentleman, attorney for the said Pedro de Zulueta the younger, severally make oath and say, And first this deponent, Pedro de Zulueta, for himself, saith, that he, this deponent, is a merchant of London, and has been so for the last eight years, and as such engaged in large mercantile transactions with houses in different parts of the world, but particularl
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CENTRAL CRIMINAL COURT. MOTION TO POSTPONE THE TRIAL OF THE INDICTMENT. The Queen versus Zulueta and others.
CENTRAL CRIMINAL COURT. MOTION TO POSTPONE THE TRIAL OF THE INDICTMENT. The Queen versus Zulueta and others.
Proceedings at the Central Criminal Court at the Old Bailey, before the Honourable Mr. Justice Erskine and the Honourable Mr. Justice Cresswell . ( Thursday, 21st of September, 1843. ) Mr. Clarkson . My Lords, I consider it my duty to take the earliest opportunity of bringing under your Lordships’ consideration the case of the Queen v. Zulueta. Mr. Payne . My Lords, Mr. Serjeant Bompas leads me for the prosecution in this case: he is not here now, but will be here in a moment. Mr. Justice Erskin
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AT THE CENTRAL CRIMINAL COURT, OLD BAILEY, ON FRIDAY, 27th OCTOBER, 1843,
AT THE CENTRAL CRIMINAL COURT, OLD BAILEY, ON FRIDAY, 27th OCTOBER, 1843,
BEFORE Mr. Serjeant Talfourd . “And also a certain draft or cheque,” &c. ( Reading the terms of the notice. ) Mr. Kelly . I make two objections to this evidence; the first is, that no such cheque is proved to be in existence; and secondly, if there were, such cheque is not proved to have been in the handwriting of the prisoner at the bar, and therefore it is not admissible. I ought to add, as the notice to produce has been referred to, and is now upon the table, that the notice calls upo
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SECOND DAY. SATURDAY, 28TH OCTOBER, 1843.
SECOND DAY. SATURDAY, 28TH OCTOBER, 1843.
The names of the Jury were called over.—All present. The Defendant took his place within the Bar. The Witnesses on both sides, except those to character, were directed to withdraw. Do you reside at Portsmouth?—I do. Did you know a vessel called first the Gollupchik, afterwards the Augusta?—I did. Did you know a Captain Jennings?—I did. Did you know his mate also?—Mr. Mottley. In consequence of your knowing one or both of them, were you occasionally on board the vessel?—I was on board sometimes,
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THIRD DAY. MONDAY, 30TH OCTOBER, 1843.
THIRD DAY. MONDAY, 30TH OCTOBER, 1843.
The names of the Jury were called over.—All present. The Defendant took his place within the Bar. I believe you are extensively connected with trade and shipping in the City of London?—Yes. Do you know the house of Zulueta & Co.?—Perfectly. And the defendant, who we understand is one of the firm?—I believe so. How long have you been acquainted with him?—I should think about twelve years. What character during that time has he borne among those who have known him for veracity and honour a
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SUMMING UP.
SUMMING UP.
Mr. Justice Maule . Gentlemen of the Jury—Pedro de Zulueta is indicted for an offence against an Act of Parliament made for the prevention of the slave trade, for employing a vessel for the purpose of accomplishing objects declared to be illegal by that Act; that is to say, dealing in slaves, and also having loaded goods on board a vessel for that purpose. Now, although this case has occupied a very considerable portion of time, I do not think it will be necessary for me to add much to it in the
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