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.

by Pedro de Zulueta; William Brodie Gurney

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 wish to state, with respect to my detaining the Augusta, the grounds on which the seizure was made, as far as my memory will admit of my going, and I feel myself at liberty to disclose to the Committee. On going on board the Augusta, amongst the letters and papers that were seized by me, I found a letter, dated “London, 20th August 1840.” This letter is a reply to a letter written by Captain Jennings from Portsmouth, stating, “We cannot exceed 500l. for the vessel in question, such as described in your letter; if you cannot, therefore, succeed at those limits, we must give up the purchase.” This letter is signed Zulueta & Co. By this letter, it certainly appears to me that the vessel was purchased by Zulueta &, Co., or intended to be purchased by that firm. The next letter is dated “London, 26th of September 1840,” addressed to Captain Thomas Jennings, Portsmouth; the signature of this letter was cut out on my finding it. It acknowledged the receipt of Captain Jenning’s letter of the following day, observing “that the sum remitted would not be sufficient to cover the expenses, to clear the ship, and requesting that Captain Jennings would write the next day, stating the sum that was necessary, that it might be forwarded to him by the post of Monday night, to enable the ship to sail for Liverpool on Tuesday or Wednesday at furthest.” The signature cut out. But there is a note to the letter: “According to our Liverpool mode, note, you will go on shore to the Salt House Dock.” The next paper I would allude to, is the charter-party of the vessel, dated London, 19th October 1840, wherein it is mutually agreed, between Mr. Thomas Jennings, master and owner of the good ship or vessel called the Augusta, and Messrs. Pedro Martinez & Co. of Havannah, that the ship shall load from the factories of the said Messrs. Pedro Martinez & Co. a cargo of legal goods, and shall proceed therewith to Gallinas, on the coast of Africa, and there deliver the same; after which she may be sent on any legal voyage between the West Indies, England, Africa, or the United States, according to the directions of the charterer’s agents. The freight to be paid on unloading and right delivery of the cargo, at the rate of 100l. sterling per calendar month. The necessary cash for the ship’s disbursements to be furnished to the captain free of commission; the captain being indebted to the charterers in certain sums, as per acknowledgment elsewhere. The freight earned by the vessel to be held as general lien for such sums.” This is signed Thomas Jennings, for Messrs. Pedro Martinez & Co. of Havannah, Zulueta & Co.

7959*. Jennings is the owner of the vessels?—Yes.

7960*. And Zulueta appears as the agent to Messrs. Pedro Martinez & Co., chartering Jenning’s vessel for certain purposes?—Yes; by the extract from the first letter it appears that Zulueta bought the vessel; by the second letter he pays the expenses of the vessel; but the charter-party is made out by Thomas Jennings, as the owner of the vessel.

7961*. Sir T. D. Acland.] Then Zulueta acts as agent for Messrs. Pedro Martinez & Co.?—Yes; the next paper, I will read the extract from is marked “Additional Memorandum of Charter-party;” which commences, “I Thomas Jennings, captain and owner of the ship Augusta, declare I have received from Messrs. Pedro Martinez & Co. of this city, 1,100l. sterling, for the disbursements of the said ship, the fitting out and provisions, which I engage myself to repay, with the earnings of the same, namely, all the earnings of the ship, will be accounted for and applied to the said Messrs. Pedro Martinez & Co., they furnishing the cash for all expenses, crew’s wages (including 15l. per month for my salary as captain). At any time when the said gentlemen may think proper to close the charter-party, I will deliver to them, or their representative, a bill of sale for the said ship, and all her appurtenances, to cover the balance due to them in the said account.” It states, that Mr. Thomas Jennings is no way responsible for the settlement of the above-mentioned debt, but with the said ship and her earnings, and that Messrs. Pedro Martinez & Co. will take on themselves the insurance and risk on the vessel. This paper is dated London, 21st October, 1840, and signed “Thomas Jennings.” The next paper is the bill of lading, which states the cargo to be shipped by Thomas Jennings, of Liverpool, in the Augusta, lying in the port of Liverpool and bound to Gallinas: 20 hogsheads of tobacco, 60 cases of arms, one case of looking-glasses, 10 casks copper ware, 134 bales of merchandize, 1,600 iron pots, 2,370 kegs of gunpowder, to be delivered at Gallinas to Don Alvarez, Don Angel Ximenez, and Don Jose Perez Rolla. This is dated Liverpool, 10th November 1840. The vessel had no register, but a sailing licence from the Commissioners of Her Majesty’s Customs, wherein Thomas Jennings, of No. 2, James-street, Limehouse, is represented to be the owner, and that the vessel is to be employed in foreign trade. There is also an account current between Messrs. Zulueta with Thomas Jennings, master of the Augusta, amounting to 339l. 16s. 9d., the chief part of which is for the disbursements of the vessel. I further state to the Committee, that ten letters were found on board this vessel, dated Cadiz, and addressed to three notorious slave merchants at Gallinas: in one of these letters, addressed to Señor Ignacio Perez Rolla, at Gallinas, dated Cadiz, 30th November 1840, is a paragraph to the following effect: “In a letter, dated London the 21st instant, which I have just received from Messrs. Zulueta & Co., merchants, in London, I had the pleasure of receiving a bill drawn by you on them for 250l., which I this day place to their credit, waiting your advice of the same.” This letter is signed “M.” but no name. The other letters were all on slave business; not a word of any innocent trade, but the whole directing how slaves were to be shipped on board various vessels.

7962*. Who were they signed by?—All signed in the same way.

7963*. Signed “M.”?—Yes, and to the best of my recollection, every vessel to which they referred was captured by Captain Denman and myself.