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. Pedro de Zulueta, and others. | } | For Felony. |
| The same, v. The same. | } | For Misdemeanor. |
Henry Worsley Hill, of Great Rider Street, in the parish of St. James, Esquire, a Commander in Her Majesty’s Navy, and Sir George Stephen, of King’s Arms Yard, in the city of London, the solicitor for the prosecution, severally make oath and say,—And first, the said Henry Worsley Hill for himself saith, that he is under orders to proceed to the Gold Coast on the western coast of Africa, to assume the government thereof with the least possible delay, and that arrangements are now in progress for this deponent to depart by the end of this present month. And this deponent also saith, that the public service will sustain considerable inconvenience by any delay on the part of this deponent in proceeding to Africa as aforesaid at the time now appointed, and that he this deponent has no expectation or hope of obtaining further leave of absence. And this deponent, Sir George Stephen, for himself saith, that the said Henry Worsley Hill is a most material witness on behalf of this prosecution, and that without his evidence this deponent cannot safely proceed to trial; and this deponent, Sir George Stephen, further saith, that he has perused a copy of the affidavit of Pedro de Zulueta the younger, and John Lawford, made in these matters, and that in consequence of the misdirection of the same, as this deponent believes, he, this deponent, did not receive a reply to his letter of the 12th of September, 1843, set out in the said affidavit, and therefore proceeded in his preparations for trial. And this deponent saith, that he is ready to proceed to trial at the present session of this Court. And this deponent further saith, that he has caused another witness in this matter to come over from Paris, where such witness is permanently domiciled, and that such last mentioned witness incurred much inconvenience and expense in so coming, and that as he habitually resides out of the jurisdiction this deponent has no means of compelling him to appear again, should the trial of these indictments be deferred. And this deponent saith, that the evidence of such last-mentioned witness is most material. And this deponent further saith, that he has subpœnaed three other witnesses to come to London from a great distance, one of whom is a sailor, and another of whom is an officer of rank in Her Majesty’s navy, and that the evidence of all the said last mentioned witnesses is most material, and that the said indictments cannot be safely tried in their absence, but that from the nautical profession of two of them, this deponent believes it to be very doubtful if he will again be able to compel their attendance. And this deponent further saith, that he has also subpœnaed another witness who habitually resides at Seville in Spain, and who is about to return to Seville, as this deponent is informed and believes as soon as the trial is over, and this deponent is informed and believes that the evidence of such last mentioned witness is material. And deponent saith, that he has no hope of again collecting together so many important witnesses whose professional avocations necessarily render their simultaneous presence in this country very uncertain. And this deponent further saith, that the said defendant, Pedro de Zulueta the younger, cannot have been taken by surprise by these indictments, because the said Pedro de Zulueta the younger, volunteered, as this deponent is informed and believes, to be examined as a witness before the Select Committee on the West Coast of Africa, and was so examined on the 22nd and 23rd days of July, 1843, when the nature of the case upon which this prosecution is founded was stated to the Committee, and the said Pedro de Zulueta admitted that he had received copies of the evidence given by Captain Hill on the 29th of June, the 4th of July, and the 6th of July previously. And this deponent saith, that the said Pedro de Zulueta the younger, did upon such examination admit that the house to which he belongs had been charged with criminality, and with having for a length of time been agents to slave dealers, and the said Pedro de Zulueta the younger avowed his reason for wishing to be examined before the Committee to be, that the statements contained in the said evidence were incorrect. And this deponent lastly saith, that in another part of such examination, the said Pedro de Zulueta the younger, in answer to the question, “Is there any other part of the evidence which has been given that you wish to observe upon?” after denying all knowledge of a person of the name of Kidd, adds, “With regard to my partners, I can say the same. I have been making inquiries about it; my father knew there was such a man, but I did not know even that, though I have managed all this business.”
(signed)
H. W. Hill.
George Stephen.