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.