Mr. Kelly. I do object, because it is impossible with effect to object to it hereafter. Here is a gentleman on his trial for felony: I do not object to the reading of any letters from his house of business, though they may not have been written by himself; I do not object to any letter being read which was written by Mr. Zulueta himself, or any letter which my learned friend, Mr. Serjeant Bompas, can undertake to say Mr. Zulueta had seen or known; but letters written by third persons, over whom he had no manner of control—letters written by a person included in this indictment, but not on his trial, and which I have no means of explaining—cannot be evidence. Mr. Zulueta has no means of explaining this letter, the writer of which was unknown to him: and I submit that it would be more fair, and more according to the ordinary course of business in this country, if my learned friend were to arrive at the facts, which he says he can prove, by that which is properly evidence, and to leave the reading this letter to a separate discussion on any argument which may then be raised as to its reception in evidence.
Mr. Serjeant Bompas. I do not object to my learned friend interposing in objection to the reference to this letter, because I am willing to admit that it is desirable to exclude every effect which might be produced by the reading of a document which may be objectionable; and while it is my duty to open that which I feel to be evidence against the prisoner, I will not open any thing as to which I feel a substantial doubt. The letter I am now proposing to put in is a letter written by Mr. Bernardos, the man who received the money after that first letter I have mentioned, and after all which occurred with respect to the purchase, and it has reference to certain objects in respect of his destination, and giving him—not instructions in the sense of ordering him—but directions and instructions as to the course of that voyage. My object is to show, that at the time the vessel was at Portsmouth, the destination was fixed, and he received direction in that respect from a person whom I have so connected with Mr. Zulueta as to show that that man Jennings was the purchaser with the money of Zulueta of this very vessel, Jennings being the captain, and ultimately one of the owners; and I shall show directions from Mr. Zulueta. I cannot conceive how that can be objected to.
Mr. Kelly. I undertake to say not a shadow of doubt shall remain on your Lordships’ minds that this is not evidence when the facts are before the Court. To be opening the contents of the letter, under such circumstances, I submit is not justified.
Mr. Justice Maule. Brother Bompas, I do not think this is so clearly evidence that it should be opened to the Court. It is very difficult to decide whether a document is evidence or not till the facts are brought before us.
Mr. Serjeant Bompas. Gentlemen, I am quite willing to be wholly under the control of the learned judges in the conduct of this case. I would not myself, as I think I ought not, to open that which is really substantially doubtful, and if I had felt this so, I would not have mentioned it at all.
Mr. Kelly. I am quite sure that my learned friend would not have done so if he had felt that it was open to objection. I am quite sure that my learned friend from the first desired that nothing should be stated, which in his opinion could not be brought home to the defendant himself.
Mr. Serjeant Bompas. After the observation of Mr. Kelly, I will say no more with respect to this. I have to prove two things; first, what was the object of this vessel. I have to prove what it was intended to do. It may or may not in many instances be shown that there was the hand of Mr. Zulueta in what was done; but if I show to your satisfaction that he was aware of the circumstances, and was one of the parties, it is not necessary that I should show that his was the hand by which every individual act was done: therefore, I beg to keep these two things quite distinct. I shall show what was the object and destination of the vessel; and undoubtedly I shall show you, or I fail in this case, that he was conscious of the object and intention of the employment of the vessel.
Gentlemen, upon the vessel, at the time she was at Portsmouth and when she was sold, there were on board her part of the equipments which had previously existed of the Gollupchick. In order in one way to equip a vessel directly for slave trading—to put her in a situation in which she could take slaves in—it is necessary that there should be the means of very considerable supplies of water. There are commonly leagers. It is not necessary there should be leagers, unless when the occasion requires the carrying an extraordinary supply of water; where that is required, it is necessary there should be the means of carrying such a quantity of water in the vessel; and there were on board this vessel leagers—that is, large vessels containing many hundred gallons of water, ten or twelve or fourteen feet in diameter. At Portsmouth several of the leagers then on board were taken to pieces, and the staves and heads left on board the vessel. You are aware that it would be quite impossible for such a vessel, with leagers, or any fittings up of that kind, to leave this kingdom in order to go to a place on the coast of Africa, where it is known the slave trade is carried on; it would be quite obvious what their object was; and these vessels were accordingly taken to pieces, and the materials left in the vessel.
It was observed, also, that the vessel afforded the means of having slave decks placed. Where a vessel leaves a place, such as Spain, or some place where she may leave with impunity with all her equipments complete, they have slave decks in the vessel—that is, decks with about two-and-thirty inches from one deck to another, in which the slaves lie. These they were not able to set up under these circumstances; but there are decks placed that as many as possible may be carried. These decks could not be existing in this country: they could not be allowed to go from this country. There are, however, places, and some screw-bolts where they can be placed, and by which they could be fastened: they might be speedily put in on the coast of Africa, so as to fit the vessel for carrying slaves there: of course it could not be done here, but the screw-bolts might be put in, and the slave decks fixed in an incredibly short space of time; and thus she might be immediately prepared for receiving the slaves when she was in Africa.
I shall also, I believe, show that a person was applied to at Portsmouth to enter to go to the coast of Africa. When she was there, letters were received by Jennings; and I shall prove certain circumstances by a witness, who I shall call before you, who was present when the vessel was taken, a letter found on board her, which was written from London: and I may state that at once, as my learned friend has admitted that whatever was written by the house would be evidence against the prisoner at the bar; and I should state that he himself said before the Committee of the House of Commons on his examination, that he himself had the management of the whole of this business. I will read the exact words—“I have managed all this business;” therefore there can be no doubt that what came from the house he is responsible for. The letter to which I will call your attention was received on the 26th of September, 1840.