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.