Chapter XVI: Part 16

Mr. Lawford spoke aside with Sir George Stephen, for the immediate and pressing question was the bail. Sir George expressed a firm determination _to resist bail to any amount_. Then the dreadful thought was, what was to become of my family, since it never has happened, that I have been absent without their being acquainted with all the circumstances; and I do not think I have slept one night out of my house while in town. The late hour made it quite unlikely that with opposition to the bail, and as counsel must be heard, that I could escape passing the night in Newgate. Mr. John Lawford, with the greatest kindness and feeling, expressed to me that such was his fear. My reply was, that they might do what they pleased with me, only that my wife should be seen to, for I was quite sure of the result of her hearing suddenly of such an occurrence, together with my not going home. Sir George coldly remarked, that “it must already be known at home, for he had sent there to take me, in case I had not been taken at the office.” The agony, which such a statement caused, was perceptible, and one of the officers in the room remarked, that I needed not apprehend any thing, as all the officers could do, would be to watch the house.

I was conveyed very late to the Court at the Old Bailey, where I sat until nearly nine o’clock in suspense as to what would be the result of the application for bail, and next whether the persons approved of could be found at so late an hour. It was not until late, that the former was granted; and after considerable difficulty, and the impossibility of finding one of the two bail offered, the other was accepted as sufficient by the Court, together with my own recognizance. I then went home at about half-past nine o’clock at night to my afflicted family in a condition, which, as I believe it unprecedented when all the circumstances of my case are considered, so I hope and trust may never fall again to the lot of any man who lives in that happy and undescribable feeling of habitual security, which in this country we so dearly value as the precious privilege and the certain possession of every man who has not contemplated and is not aware of a breach of the law. Thus will it have been reserved to me, in the British dominions, to experience this peculiar method of receiving a wound in the heart, which, although time and the sympathy which has been so kindly expressed may allay, I alone can know how unlikely it is that any lapse of time can altogether cure.

As I would not state a fact with any greater appearance of certainty than what I really possess, I ought to add, since I _now_ have seen the name of Mr. _John Scoble_ mentioned as that of the Secretary of the Anti-Slavery Society, that as I never saw before or have seen since, that I am aware of, _the Scoble_, who acted in this to me ever memorable occasion, I cannot tell whether they are both one and the same person.

_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.

(_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 conspiring, with other persons, to fit out a ship for the purpose of trading in slaves. The proceedings before the Grand Jury were of course entirely _ex parte_, and no application had been made to any magistrate. The first intimation which Mr. de Zulueta had of the fact was his being taken into custody, and he knew nothing of the nature of the charge beyond what was entered in the police-sheet.

The _Recorder_ asked, was the defendant present?

Mr. _Clarkson_ said he was in custody, and was on his way to the Court.

The _Recorder_ asked, what was the application which Mr. Clarkson wished to make?

Mr. _Clarkson_ said he wanted the defendant to be allowed to give bail.

Sir _G. Stephen_, who, it appeared, was the solicitor for the prosecution, stated that the charge against Mr. Zulueta was founded upon the Act of the 5th of Geo. IV, which declared the offence imputed to the prisoner to be felony. In answer to the Court, he added that the charge was framed under that section of the Act which rendered the party convicted liable to the penalty of transportation for fourteen years.

The _Recorder_ said that if the learned counsel intended to enforce his application for bail, he apprehended that it would be incumbent upon him to show more reason for such a course than the mere statement that the party had been taken by surprise.

Mr. _Clarkson_ trusted that the circumstances he had stated would be considered sufficient by the Court. The fact of the defendant being so suddenly arrested and placed in confinement would cause the greatest distress to his family. He was prepared to put in bail to any amount.

The _Recorder_ inquired if there was any objection to bail being taken?

Sir _G. Stephen_ was understood to say, that in consequence of the circumstances of Mr. Zulueta, there was some doubt whether he ought to be admitted to bail.

Mr. _Clarkson_ assured the Court that Mr. de Zulueta had not the slightest indisposition to take his trial; but, on the contrary, he had the greatest anxiety to have the matter investigated. His only wish, in applying to be admitted to bail, was to prevent the misery and inconvenience to which his family would be subjected by his being prevented from returning to them. He especially wished to save the anxiety of the female branches.

The _Recorder_ suggested that the case should be dealt with in the ordinary manner, and that affidavits should be prepared in support of the application.

At this stage of the proceedings the prisoner entered the Court, in custody of an officer.

Mr. _Clarkson_, after some communication with Sir G. Stephen, addressed the Court, and said that he believed no objection would be offered to bail in the sum of 5,000_l._

The _Recorder_ said he thought that would be quite sufficient.

Mr. _Clarkson_ said the defendant would enter into his own recognizance in 3,000_l._, and give two sureties in 1,000_l._ each.

It was then arranged that this amount of bail should be put in upon the indictment for felony; and with regard to that for misdemeanor, the defendant should give his own recognizance in 100_l._, and two sureties in 50_l._ each.

The indictment was then read. It charged the prisoner and the two other persons with having feloniously equipped and employed a certain vessel, called the Augusta, for the purpose of trading in slaves. In other counts the parties were charged with equipping the vessel for the purchase of slaves, and for the purpose of purchasing persons to be dealt with as slaves.

Mr. de Zulueta pleaded not guilty to both indictments.

He then, in default of two sureties, entered into his own recognizance in 6,000_l._, and one surety in 2,000_l._, to appear when called on.

INDICTMENT FOR FELONY.

THE QUEEN, }
_v._ }
ZULUETA & OTHERS. }

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 Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did illegally and feloniously _man, navigate, equip, dispatch, use, and employ a certain ship or vessel_, to wit, a ship or vessel called the “Augusta,” in order to accomplish a certain object, which in and by a certain Act of Parliament, made and passed in the 5th year of the reign of his late Majesty King George the Fourth, intituled “An Act to amend and consolidate the laws relating to the Abolition of the Slave Trade,” was and is declared unlawful, that is to say, _to deal and trade in slaves_, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;

2. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, 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 Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did illegally and feloniously, and against the form of the statute in such case made and provided, _fit out, man, navigate, equip, dispatch, use, and employ a certain ship or vessel_, called the “Augusta,” in order to accomplish a certain object, which in and by a certain Act of Parliament made and passed in the 5th year of the reign of his late Majesty King George the Fourth, intituled “An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade,” was and is declared unlawful, that is to say, _to purchase slaves_, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;

3. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, 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 Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did illegally and feloniously, and against the form of the statute in such case made and provided, _fit out, man, navigate, equip, dispatch, use, and employ a certain ship or vessel_, called the “Augusta,” in order to accomplish a certain object, which in and by a certain Act of Parliament made and passed in the 5th year of the reign of his late Majesty King George the Fourth, intituled “An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade,” was and is declared unlawful, that is to say, _to deal and trade in persons intended to be dealt with as slaves_, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;

4. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, 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 Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did illegally and feloniously, and against the form of the statute in such case made and provided, _fit out, man, navigate, equip, dispatch, use, and employ a certain ship or vessel_, called the “Augusta,” in order to accomplish a certain object, which in and by a certain Act of Parliament made and passed in the 5th year of the reign of his late Majesty King George the Fourth, intituled “An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade,” was and is declared unlawful, that is to say, _to purchase persons intended to be dealt with as slaves_, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;

5. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, heretofore and after the 1st day of January, in the year of our Lord 1825, to wit, on the 10th day of November, in the 4th year of the reign of our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did illegally and feloniously, and against the form of the statute in such case made and provided, _ship on board a certain ship or vessel_, called the “Augusta,” _divers goods and effects_, to wit, 29 hogsheads of tobacco, 6 cases of arms, 1 case of looking-glasses, 10 casks of copper ware, 134 bales of merchandise, 1,600 iron pots, and 2,370 kegs of gunpowder, to be employed in accomplishing a certain object which was in and by a certain Act of Parliament, made and passed in the 5th year of the reign of his late Majesty King George the 4th, intituled, “An Act to amend and consolidate the laws relating to the Abolition of the Slave Trade,” declared unlawful, that is to say, _to trade and deal in slaves_, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;

6. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta, Thomas Jennings, and Thomas Bernardos, heretofore and after the 1st day of January in the year of our Lord 1825, to wit, on the 10th day of November, in the 4th year of the reign of Our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did illegally and feloniously, and against the form of the statute in such case made and provided, _ship on board of a certain ship or vessel_, to wit, a ship or vessel called the “Augusta,” _divers goods and effects_, to wit, 29 hogsheads of tobacco, 60 cases of arms, 1 case of looking-glasses, 10 casks of copper ware, 134 bales of merchandise, 1,600 iron pots, and 2,370 kegs of gunpowder, to be employed in accomplishing a certain object, which was and is in and by the said last mentioned Act of Parliament declared unlawful, that is to say, _to purchase slaves_, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;

7. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, heretofore and after the 1st day of January, in the year of our Lord 1825, to wit, on the 10th day of November, in the 4th year of the reign of Our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did illegally and feloniously, and against the form of the statute in such case made and provided, _ship on board a certain ship or vessel_, to wit, a ship or vessel called the “Augusta,” _divers goods and effects_, to wit, 29 hogsheads of tobacco, 60 cases of arms, 1 case of looking-glasses, 10 casks of copper ware, 134 bales of merchandise, 1,600 iron pots, and 2,370 kegs of gunpowder, to be employed in accomplishing a certain object, which was and is in and by the said last mentioned Act of Parliament declared unlawful, that is to say, _to deal and trade in persons intended to be dealt with as slaves_, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;

8. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, heretofore and after the 1st day of January, in the year of our Lord 1825, to wit, on the 10th day of November, in the 4th year of the reign of our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did illegally and feloniously, and against the form of the statute in such case made and provided, _ship on board of a certain ship or vessel_, to wit, a ship or vessel called the “Augusta,” _divers goods and effects_, to wit, 29 hogsheads of tobacco, 60 cases of arms, 1 case of looking-glasses, 10 casks of copper ware, 134 bales of merchandise, 1,600 iron pots, and 2,370 kegs of gunpowder, to be employed in accomplishing a certain object, which was and is in and by the said last mentioned Act of Parliament declared unlawful, that is to say, _to purchase persons intended to be dealt with as slaves_, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity.

INDICTMENT FOR CONSPIRACY.

THE QUEEN }
_v._ }
ZULUETA & OTHERS. }

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 Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, _did covinously conspire, combine, confederate, and agree together illegally and feloniously_, and against the form of the statute in such case made and provided, _to fit out, man, navigate, equip, dispatch, use, and employ a certain ship or vessel_, to wit, a ship or vessel called the “Augusta,” in order to accomplish a certain object, which in and by a certain Act of Parliament, made and passed in the 5th year of the reign of his late Majesty King George the Fourth, intituled “An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade,” was and is declared unlawful, that is to say, _to deal and trade in slaves_, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;

2. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, 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 Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, _did conspire, combine, confederate, and agree together illegally and feloniously_, and against the form of the statute in such case made and provided, _to fit out, man, navigate, equip, dispatch, use, and employ a certain ship or vessel_, called the “Augusta,” in order to accomplish a certain object, which in and by a certain Act of Parliament, made and passed in the 5th year of the reign of his late Majesty King George the Fourth, intituled “An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade,” was and is declared unlawful, that is to say, _to purchase slaves_, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;

3. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, 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 Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, _did conspire, combine, confederate, and agree together illegally and feloniously_, and against the form of the statute in such case made and provided, to _fit out, man, navigate, equip, dispatch, use, and employ a certain ship or vessel_, called the “Augusta,” in order to accomplish a certain object which in and by a certain Act of Parliament, made and passed in the 5th year of the reign of his late Majesty King George the Fourth, intituled “An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade,” was and is declared unlawful, that is to say, _to deal and trade in persons intended to be dealt with as slaves_, contrary to the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity;

4. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, 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 Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, _did conspire, combine, confederate, and agree together illegally and feloniously_, and against the form of the statute in such case made and provided, _to fit out, man, navigate, equip, dispatch, use, and employ a certain ship or vessel_ called the “Augusta,” in order to accomplish a certain object, which in and by a certain Act of Parliament, made and passed in the 5th year of the reign of his late Majesty King George the Fourth, intituled “An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade,” was and is declared unlawful, that is to say, _to purchase persons intended to be dealt with as slaves_, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;

5. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, heretofore and after the 1st day of January, in the year of our Lord 1825, to wit, on the 10th day of November, in the 4th year of the reign of Our Lady the now Queen, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, _did conspire, combine, confederate, and agree together knowingly, wilfully, and feloniously to ship on board of a certain ship or vessel_, to wit, a ship or vessel called the “Augusta,” _divers goods and effects_, to wit, 29 hogsheads of tobacco, 60 cases of arms, one case of looking-glasses, 10 casks of copper ware, 134 bales of merchandise, 1,600 iron pots, and 2,370 kegs of gunpowder, to be employed in accomplishing a certain object, which was and is and by a certain Act of Parliament, made and passed in the 5th year of the reign of his late Majesty King George the Fourth, intituled “An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade,” declared unlawful, that is to say, _to trade and deal in slaves_, contrary to the form of the statute in such case made and provided, and against the peace of Our Sovereign Lady the Queen, her crown and dignity;

6. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, heretofore and after the 1st day of January, in the year of our Lord 1825, to wit, on the 10th day of November, in the 4th year of the reign of Our Lady the now Queen, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, _did conspire, combine, confederate, and agree together knowingly, wilfully, and feloniously to ship on board of a certain ship or vessel_, to wit, a ship or vessel called the “Augusta,” _divers goods and effects_, to wit, 29 hogsheads of tobacco, 60 cases of arms, 1 case of looking-glasses, 10 casks of copper ware, 134 bales of merchandise, 1,600 iron pots, and 2,370 kegs of gunpowder, to be employed in accomplishing a certain object, which was and is in and by the last mentioned Act of Parliament declared unlawful, that is to say, _to purchase slaves_, contrary to the form of the statute in such case made and provided, and against the peace of Our Sovereign Lady the Queen, her crown and dignity;

7. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, heretofore and after the 1st day of January, in the year of our Lord 1825, to wit, on the 10th day of November, in the 4th year of the reign of Our Sovereign Lady the now Queen, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, _did conspire, combine, confederate, and agree together knowingly, wilfully, and feloniously to ship on board of a certain ship or vessel_, to wit, a ship or vessel called the “Augusta,” _divers goods and effects_, to wit, 29 hogsheads of tobacco, 60 cases of arms, 1 case of looking-glasses, 10 casks of copper ware, 134 bales of merchandise, 1,600 iron pots, and 2,370 kegs of gunpowder, to be employed in accomplishing a certain object, which was and is in and by the said last mentioned Act of Parliament declared unlawful, that is to say, _to deal and trade in persons intended to be dealt with as slaves_, contrary to the form of the statute in such case made and provided, and against the peace of Our Sovereign Lady the Queen, her crown and dignity;

8. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, heretofore and after the 1st day of January, in the year of our Lord 1825, to wit, on the 10th day of November, in the 4th year of the reign of our Lady the now Queen, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, _did conspire, combine, confederate, and agree together knowingly, wilfully, and feloniously to ship on board of a certain ship or vessel_, to wit, a ship or vessel called the “Augusta,” _divers goods and effects_, to wit, 29 hogsheads of tobacco, 60 cases of arms, 1 case of looking-glasses, 10 casks of copper ware, 134 bales of merchandise, 1,600 iron pots, and 2,370 kegs of gunpowder, to be employed in accomplishing a certain object, which was and is in and by the said last mentioned Act of Parliament declared unlawful, that is to say, _to purchase persons intended to be dealt with as slaves_, contrary to the form of the statute in such case made and provided, and against the peace of our Sovereign Lady the Queen, her crown and dignity;

9. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, 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 Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, _did conspire, combine, confederate, and agree together feloniously to engage in the trading and dealing in slaves_, contrary to the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity;

10. And the jurors aforesaid, upon their oath aforesaid, do further present that Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, 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 Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, _did conspire, combine, confederate, and agree together feloniously to engage in the trading and dealing in persons intended to be dealt with as slaves_, contrary to the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity;

11. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta, the younger, Thomas Jennings, and Thomas Bernardos, 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 Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, _did conspire, combine, confederate, and agree together feloniously to engage in the purchase of slaves_, contrary to the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity;

12. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, 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 Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, _did conspire, combine, confederate, and agree together feloniously to engage in the purchase of persons intended to be dealt with as slaves_, contrary to the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity.

_Names of Witnesses endorsed on both the Indictments before the Grand Jury._

Sir GEORGE STEPHEN. [_Solicitor._]
JOHN BROWN. [_Clerk of the Admiralty._]
Lieutenant HENRY WORSLEY HILL, R.N.
The Honourable Captain JOSEPH DENMAN, R.N.
Colonel EDWARD NICOLLS.
EMANUEL EMANUELS. [_Of Portsmouth._]
WILLIAM THOMAS. [_A Clerk at Messrs. Glyn & Co., Lombard Street._]
ABRAHAM DE PINNA. [_Notary Public._]

(_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 being ready to give his personal recognizance in 3,000_l._

Mr. _Payne_, who was retained for the prosecution, had no objection.

Mr. _Clarkson_ then applied to have the trial, both for the felony and the misdemeanor, postponed to the next session.

Mr. _Payne_ consented.

Mr. de Zulueta then entered into the requisite securities.

AFFIDAVIT
OF DEFENDANT AND MR. EDWARD LAWFORD
IN SUPPORT OF
APPLICATION FOR WRIT OF CERTIORARI.

REGINA }
_v._ } Sworn, 8th Sept. 1843.
ZULUETA. }

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 particularly at Cadiz, and the Havannah. And this deponent saith, that he is engaged in such business in partnership with his this deponent’s father and brother, and that this deponent’s said father and grandfather were engaged in such business for seventy years and upwards, and that their said house of business is and always has been of good repute as honourable merchants, and that this deponent has always occupied the rank and station of a gentleman, and has always associated with gentlemen and merchants of the first respectability. And this deponent further saith, that on Wednesday, the 22nd day of August last, while this deponent was sitting in his counting-house in Moorgate street, in the city of London, he was, about three o’clock in the afternoon, to his great surprise taken into custody by a policeman, in consequence, as he was then informed, of a true bill having been then found against him for felony at the sessions then being held of the Central Criminal Court. And this deponent saith, that upon being taken to the said Court, and the said indictment being exhibited to him, he found it to be an indictment against this deponent, and against one Thomas Jennings, mariner, and one Thomas Bernardos, mariner, for illegally and feloniously manning, navigating, equipping, dispatching, using, and employing a certain ship or vessel called the Augusta, in order to accomplish a certain object, which in and by a certain Act of Parliament, made and passed in the 5th year of the reign of His late Majesty King George the Fourth, intituled “An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade,” was and is declared unlawful, and for other illegal offences against the said Act of Parliament. And this deponent saith, that he is not guilty of the offences charged against him by the said indictment, or of any or either of them, and that he never did, directly or indirectly, man, navigate, equip, dispatch, use, or employ the said ship, or any other ship, to accomplish any of the objects declared by the said Act to be unlawful, and that he is not, nor ever was, directly or indirectly, in any way or manner interested in the said ship or her earnings, or the profits of any voyage made or to be made by her. And this deponent saith, that when he was so taken into custody he was altogether ignorant that any proceedings whatever had been, or were about to be, taken against him in reference to the said ship, or to the offences charged by the said indictment. And this deponent saith, that there had been no previous examination or inquiry before any magistrate in reference to the said charges, and that he was then, as he is now, altogether ignorant of the evidence upon which such true bill was found, and has no means whatever of ascertaining, except as appears by the said indictment, what facts he is charged with. And this deponent saith, that upon his being so taken into custody and removed to the Central Criminal Court then sitting, upon a representation of the facts made by his counsel to the Recorder of London, then presiding as judge of the Central Criminal Court, it was ordered that he, this deponent, should be admitted to bail himself in the sum of 3000_l._, with two sureties in the sum of 1000_l._ each, to take his trial upon the said indictment, and that he forthwith pleaded Not Guilty to the said indictment; and that inasmuch as by reason of the lateness of the hour in the evening at which such order was made, he was unable to procure two sufficient persons as bail, the Recorder permitted him to enter into his own recognizance in 6,000_l._, with one surety in 2,000_l._, conditional for his completing the bail on the following morning pursuant to the said order, which this deponent accordingly did. And this deponent saith, that the said indictment now stands for trial at the next session of the Central Criminal Court. And both these deponents say, that they believe that this is the first instance of an indictment for felony preferred in this country under the said statute, and that they believe that questions upon the true meaning and construction of the said statute, and other and difficult questions of law will arise upon the trial thereof. And these deponents say, that in the judgment and belief of these deponents this is a case which ought to be tried by a special jury of merchants. And this deponent, Pedro de Zulueta the younger, saith, that he is desirous of having the assistance of the most eminent counsel upon the trial of this indictment, and that he has retained for that purpose one of the most eminent of Her Majesty’s counsel learned in the law, but that he is informed and believes that such counsel will not attend at the Central Criminal Court. And this deponent saith, that if he shall be permitted to remove this indictment by _certiorari_ into this honourable Court he will have the assistance of such counsel, and he will apply for a special jury, and will take all necessary steps for having the same tried by a special jury, and for being defended therein by such eminent counsel as aforesaid, with the least possible delay. And this deponent, Pedro de Zulueta the younger, further saith, that the facts and circumstances relative to the using and employing the said ship or vessel called the Augusta, upon the occasion to which the said indictment has reference, formed one of the subjects of an inquiry in the year 1842, by a Select Committee of the Honourable House of Commons appointed to inquire into the state of the British possessions on the West Coast of Africa, and that three of the witnesses whose names appeared on the back of this indictment, (that is to say) Captain the Honourable Joseph Denman, Captain Henry Worsley Hill, and Colonel Edward Nicolls, were examined before such Committee. And this deponent saith, that it appears by the printed minutes of the evidence taken before the said Committee, and this deponent believes the fact to be, that the said Henry Worsley Hill captured the ship Augusta off the Gallinas, on the coast of Africa, and that the said Thomas Jennings, then the owner and master of the said ship, was tried in Her Majesty’s Court of Sierra Leone upon a charge similar to that now charged against him and against this deponent, and that the said Thomas Jennings was by such Court on such trial acquitted. And this deponent saith, that he is one of the mercantile correspondents in London of the mercantile house of Pedro Martinez & Co., of Cadiz and the Havannah, and that the nature of his commercial dealings with the said houses of Pedro Martinez & Co. is confined to the usual mercantile business of purchasing and selling, in this country, for the said Pedro Martinez & Co., lawful goods and merchandise, and usual mercantile banking transactions, and that he has no sort of connexion with him or with any other house, either here or abroad, as to any dealings in, or in relation to, slaves or the slave trade.

Sworn by both the deponents, Pedro de }
Zulueta the younger, and Edward Lawford, }
at my Chambers, Rolls Garden, Chancery } PEDRO DE ZULUETA, Junior.
Lane, this 8th day of September, 1843, } EDWARD LAWFORD.
Before me, }
T. ERSKINE. }

NOTE.--_The learned Judge, to whom the application was made for a Writ
of Certiorari, did not see fit to grant it._

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 _Erskine_. This is an application only.

Mr. _Clarkson_. Yes, my Lord; I will give my learned friend every advantage I can. We have given him a copy of our affidavit, in answer to which an affidavit has been sworn, I understand the effect of which is this, that Captain Hill--

Mr. Justice _Erskine_. What is the ground of your application?

Mr. _Clarkson_. The absence of material witnesses. I do not mean to trouble your Lordships at any length. My application to your Lordships is to postpone the trial of these indictments, upon the ground of the absence of material witnesses from Spain, without whose evidence the defendant cannot safely go to trial, and that application is founded upon an affidavit, a copy of which has been supplied to the gentleman on the other side some days ago. It was supplied immediately upon the sitting of the Court. One of the witnesses who had been sent for, and who was not expected to arrive, having arrived within the last two days, and this indictment having been preferred without any application being made to a magistrate, or without any notice to the gentleman himself. My learned friends have made an affidavit in reply; and in order to save your Lordships hearing two speeches from me, it will be better for your Lordships to hear what my learned friends have to say in opposition to this application and then to hear me in reply.

Mr. Serjeant _Bompas_. My learned friend seems to assume that the trial will be put off as a matter of course.

Mr. Justice _Erskine_. He has stated the ground of his application, namely, the absence of material and necessary witnesses, and he leaves you to state his affidavit, and comment upon it as you please.

Mr. Serjeant _Bompas_. My learned friend has not quite correctly stated his affidavit when he says his application is founded upon the absence of material witnesses.

Mr. Justice _Erskine_. The affidavit had better be read.

Mr. Justice _Cresswell_. Have you got a copy of it?

Mr. _Payne_. Yes, my Lord.

[_A copy of the affidavit was handed to his Lordship._]

_The affidavit was then read by the Clerk of the Arraigns as follows_:--

In the Central Criminal Court.

The Queen }
_v._ } ON INDICTMENT
Pedro de Zulueta the younger, and others. } FOR FELONY.

The same }
_v._ } ON INDICTMENT FOR MISDEMEANOR.
The same }

Pedro de Zulueta the younger, of No. 22, Moorgate Street, in the City of London, merchant, and John Lawford, of Drapers Hall, in the said city, gentleman, attorney to the said Pedro de Zulueta, severally make oath and say,--And first, this deponent, Pedro de Zulueta the younger, for himself saith, that the above mentioned indictments are preferred against this deponent, and against one Thomas Jennings, mariner, and one Thomas Bernardos, mariner, the first mentioned of such indictments being for illegally and feloniously manning, navigating, equipping, dispatching, using, and employing a certain ship or vessel called the “Augusta,” in order to accomplish a certain object, which in and by a certain Act of Parliament, made and passed in the 5th year of the reign of his late Majesty King George the Fourth, intituled “An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade,” was and is declared unlawful; and the last mentioned of such indictments for conspiring to do, &c. And this deponent saith, that he was taken into custody on the 23rd day of August last in consequence of the said indictments having been found against him. And this deponent saith, that upon his being so taken into custody and brought to the Central Criminal Court then sitting, the Recorder of London then presiding as judge of the said Court, ordered that he this deponent should be admitted to bail himself in 3,000_l._, with two sureties in the sum of 1,000_l._ each, to take his trial upon the said indictments; and that he thereupon pleaded “Not Guilty” to the said indictments, and entered into the said recognizances. And this deponent further saith, that when he was so taken into custody he was altogether ignorant that any proceedings whatever had been or were about to be taken against him in reference to the said ship, or to the offence charged by the said indictments (there having been no previous examination or inquiry before any magistrate in reference to the said charges), and that he was then, as he is now, altogether ignorant of the evidence upon which such indictments were found, excepting that this deponent has been informed that the charges contained in these indictments arise out of transactions in respect of which this deponent was examined in the year 1842 before a Committee of the Honourable the House of Commons. And this deponent further saith, that Joseph Toplis, who was the managing clerk of this deponent’s house of business at Liverpool at the time of the transactions in question, was and is a most material witness for this deponent, and most essential to enable this deponent to prepare his defence to these indictments. And this deponent saith, that at the time when these indictments were preferred the said Joseph Toplis was at Gibraltar. And this deponent saith, that on Saturday the 26th day of August last, being the third day after the said indictments were preferred, and being the first possible opportunity which this deponent had of communicating with the said Joseph Toplis, this deponent’s house of business wrote and sent a letter to him the said Joseph Toplis, requiring him to repair to England immediately, as well for the purpose of giving his evidence on the trial of these indictments as in order that the said Joseph Toplis might enable this deponent to procure such other necessary evidence for the defence of this deponent, as the knowledge of the said Joseph Toplis in relation to the transaction out of which these indictments arise might enable him to obtain. And this deponent, John Lawford, for himself saith, that in consequence of the absence of the said Joseph Toplis, and in consequence of this deponent’s belief that the said Joseph Toplis could not arrive in time to enable this deponent to prepare for the trial of these indictments, this deponent, under the advice of counsel, wrote and sent a letter to Sir George Stephen, the attorney for the prosecution, in the words and figures following:--

THE QUEEN _v._ ZULUETA.

Dear Sir,

Drapers Hall, 11th September, 1843.

You will probably not be surprised to hear that it will require
considerable time to collect and prepare the materials for Mr.
Zulueta’s defence, and you will therefore be pleased to consider this
as a notice of our intention to apply to the Court for a postponement
of the trial. We think it right thus early to inform you of our
intention, that neither you nor your witnesses may be put to
unnecessary expense or inconvenience, and we anticipate no objection
on your part to a proceeding so manifestly reasonable.

We are, dear Sir,

Your very obedient servants,

Sir George Stephen.

(signed)

_Ed. Jno. & H. S. Lawford_.

And this deponent saith, that in reply to such letter, this deponent received a letter from the said Sir George Stephen, in the words and figures following:--

THE QUEEN, _v._ ZULUETA.

Collins, 12th September, 1843.

Prince’s Risborough.

My dear Sirs,

Personally I should have no objection to deferring the trial, and so
far as your own convenience is involved in the delay, it would give me
much pleasure to consult it. But this is a case in which I feel
restrained from exercising the least discretion, and must therefore
leave the matter to the decision of the Court. My briefs are
delivered, and, with one exception, my witnesses are subpœnaed; but
that exception is the most expensive, and therefore to save you that
expense, I will not subpœna him until Monday, if you will write me
word that you will consent to the trial being at all events deferred
till Thursday. I put it thus, because I apprehend that the Court will
only accede to your application on terms of your paying the costs of
the day. Have the goodness to address your answer to me here.

Yours very truly,

Messrs. Lawford, Drapers Hall.

_George Stephen_.

And this deponent, Pedro de Zulueta the younger, further saith that
the said Joseph Toplis, in consequence of the aforesaid requisition on
the part of this deponent, came away from Gibraltar forthwith, and
arrived in London on Sunday evening last, the 17th day of September
instant. And this deponent further saith, that it will be absolutely
necessary for the said Joseph Toplis to repair to Liverpool for the
purpose of procuring the attendance of divers persons who are
necessary witnesses on behalf of this deponent, who are not known to
this deponent, and whose names this deponent had not the means of
procuring until he had communicated with the said Joseph Toplis. And
this deponent saith, that by reason of the shortness of the time since
the arrival of the said Joseph Toplis, and the necessity of his
repairing to Liverpool and elsewhere, to seek for and procure the
necessary evidence in support of the defence of this deponent, it will
be impossible for this deponent to be prepared with such evidence in
time for the present session. And this deponent, John Lawford, for
himself saith, that he has been retained as the attorney of the said
defendant, and that he has diligently applied himself to the
preparation of the defendant’s case, and that he is advised by
counsel, and verily believes that it will be absolutely necessary for
this deponent to procure the attendance of the witnesses above
referred to, and of others who he is informed and believes are
resident at Manchester, Liverpool, and Glasgow, and also of some of
the crew of the said ship Augusta. And this deponent saith, that he
has been informed and believes that the defendant, Thomas Jennings,
has been already tried for this offence at Sierra Leone, and acquitted
thereof. And this deponent saith, that he has reason to believe that
it may be necessary to procure the attendance of witnesses from that
settlement as well as from Spain, and other distant places. And this
deponent saith, that by reason of the shortness of the time which has
elapsed since the said indictments were preferred, and by reason of
the entire ignorance of this deponent of the evidence against the
defendant, Pedro de Zulueta the younger, it has been utterly
impossible for this deponent to complete the preparations for the
defence in time for the present sessions. And this deponent further
saith, that from the time of the said bills being found to the present
time this deponent hath been in constant communication with the said
other deponent with a view to his defence, and that no time whatever
has been lost in preparing for such defence; but this deponent saith,
that by the reason of the circumstances hereinbefore stated this
deponent hath been wholly unable to prepare the brief for the defence.

(signed) _Pedro de Zulueta._
_John Lawford._

Sworn in Court, 19th September, 1843.

Mr. Serjeant _Bompas_. Your Lordships will probably wish to hear the affidavit in answer, before I make any observations upon that which has just been read.

Mr. Justice _Cresswell_. Have you a copy of it?

Mr. _Payne_. Yes, my Lord.

[_A copy of the affidavit was handed to his Lordship._]

_The affidavit was then read by the Clerk of the Arraigns as follows_:--

In the Central Criminal Court.

The Queen, }
_v._ } FOR FELONY.
Pedro de Zulueta, and others. }

The same, }
_v._ } FOR MISDEMEANOR.
The same. }