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 5,000l.