Trial of Pedro de Zulueta, jun., on a Charge of Slave Trading, under 5 Geo. IV, cap. 113, on Friday the 27th, Saturday the 28th, and Monday the 30th of October, 1843, at the Central Criminal Court, Old Bailey, London / A Full Report from the Short-hand Notes of W. B. Gurney, Esq.

by Pedro de Zulueta; William Brodie Gurney

Mr. Justice Maule. I should wish that Mr. Zulueta, and every one else, should have the liberty of sitting by his counsel, but that is impossible. I understand an application was made in the case of a person of the name of Trotter.

Mr. Kelly. It has been done; there are many precedents. I do not ask it on the ground of any difference of rank or condition, but because the justice of the case requires it, particularly as he is a foreigner, a Spaniard, and many of the documents which will have to be referred to in the course of the proceeding are in the Spanish language, that I should be enabled to communicate with him. It is not at Mr. Zulueta’s own instance I make the application, but for my own assistance in the conduct of the defence.

Mr. Justice Wightman. A similar application was made in the case of Captain Douglas.

Mr. Kelly. That was not an application by counsel for the convenience of counsel, in aid of the justice of the case, but on the ground of his being an officer in the British army. That, if granted, might establish a distinction which ought not to be established; but in the case of Horne Tooke, where it became necessary for the merits of the case that there should be a constant communication between the counsel and the prisoner, it was permitted.

Mr. Justice Wightman. What was the charge against him?

Mr. Kelly. High treason. A case, I may venture to say directly in point, except that that was a weaker case than this, for this is a case of a foreigner, a Spaniard; and, as I have observed, most of the documents to which it will be necessary from time to time to refer, are in the Spanish language, and it is impossible I can do justice to his case if I cannot communicate with the prisoner so as to understand their effect.

Mr. Justice Maule. Have you the 9th vol. of Carrington & Payne? The difficulty stated is, that though the prisoner cannot come to his friend, his friend may go to him.

[The 9th vol. of Carrington & Payne’s Reports was handed to his Lordship.

[The Witnesses on both sides were directed to leave the Court.

Mr. Justice Maule. Have you got the case of the King v. Tooke?