Mr. Justice Cresswell. We have nothing to do with the Privy Council.
Mr. Clarkson. There is no decision by any body. It is no prosecution by the Crown.
Mr. Justice Erskine. I was not saying any thing imputing improper motives to the prosecutors, but stating facts, that no notice had been given to the defendant. If, in the year 1842, any notice had been given to Mr. Zulueta that this prosecution was to be instituted, then if he had sent Mr. Toplis abroad, he would have no right to avail himself of that circumstance; but in the absence of any notice of that sort, he had a right to assume that the evidence before the House of Commons was satisfactory, and that there was no ground to institute a prosecution, and he might then fairly send his clerk abroad. Then it appears, that, having been sent abroad, immediately the prosecution was instituted a letter was sent to him, in consequence of which he returned to this country: he only arrived on Sunday last; and it is impossible, from the state of the facts, that Mr. Zulueta could be in a state to prepare the requisite instructions for counsel, and get those witnesses necessary to enable him to proceed with his defence. We therefore think that this trial should be postponed till the next sessions. We do not yield to the necessity suggested of sending to Spain or Sierra Leone; there is no sufficient ground for that laid in the affidavit.
Mr. Clarkson. The form will be, that your Lordships will be pleased to respite the recognizances of Mr. Zulueta and his bail to the next sessions.
Mr. Justice Erskine. Yes.
(The recognizances were enlarged, and the parties left the Court.)
TRIAL
OF
PEDRO DE ZULUETA, JUN., ESQ.,
AT THE CENTRAL CRIMINAL COURT, OLD BAILEY,
ON FRIDAY, 27th OCTOBER, 1843,
BEFORE