Mr. Kelly. My learned friend will pardon me for a moment. I have said I shall not think it right, in a case of this sort, to interrupt my learned friend in any attempt he may make to read documents which proceeded from the house, but I must not therefore be taken to agree to their admissibility.
Mr. Justice Maule. You will not consider the admissibility of the evidence as established until it is offered in evidence.
Mr. Serjeant Bompas. Of course every thing I read, you will consider subject to proof. If I have been misled in any fact, you will remove it from your minds. Not that I would state any fact, if I did not believe it to be founded in truth. This is dated—“London, 26th September, 1840. Captain Thomas Jennings, Portsmouth. Dear Sir,—We have received your letter of yesterday, whereby we observe that the sum we have remitted you will not be sufficient to cover all the expenses to clear the ship. We much regret you have omitted mentioning the sum you require, which prevents our remitting you the same by this very post, thus causing a new delay in leaving that port, so contrary to our wishes. You will therefore write to us to-morrow, that we may receive your reply on Monday morning, informing us of the amount necessary to finish paying all your accounts and expenses, to remit you the same by Monday’s night post, in order that you may be able to sail for Liverpool on Tuesday or Wednesday at the furthest. You must not omit stating the amount required; and waiting your reply, we remain, very truly, dear sir, your obedient servants.” Then the signature which was to that letter is cut out. Then it says, “According to our Liverpool house notice”—the prisoner, Mr. Zulueta, is connected with a house at Cadiz, as well as a house in London—“According to our Liverpool house notice you will go there to the Salthouse Dock,” superscribed “Captain Thomas Jennings, Broad Street, Portsmouth.” That letter was regularly received in the course of business, as to which business Mr. Zulueta says, “I managed it.” I believe I shall show you the handwriting of a part of it; but the signature was cut out. I believe I shall show it was cut out previous to its being found.
This being the letter, Mr. Zulueta having furnished the money for the purpose for which it was demanded, and having desired that Captain Jennings will send up an account of all the money expended, and that he should go to the Salthouse Dock at Liverpool; accordingly he went to the Salthouse Dock at Liverpool. It is impossible Mr. Zulueta’s name should be mentioned as the owner of a vessel used for such a purpose. It is quite clear, that if he knew it, his name would not be used as the owner of the vessel, and therefore this vessel was purchased in the name of Thomas Jennings. How far he was really the owner you will be able probably to form an opinion from the remainder of the evidence with which I shall furnish you. When it was purchased, no papers of any kind were handed over. She was a condemned vessel. She was bought without any register, and taken as a Russian vessel, and there being no evidence of ownership, she was purchased as such.
Gentlemen, she went to Liverpool; and when she went to Liverpool, I shall have to call your attention particularly to what took place at Liverpool. At Liverpool a charter-party was entered into, to which I will call your attention:—“Memorandum of the charter-party. London, 19th October, 1840. It is this day mutually agreed between Mr. Thomas Jennings, master and owner of the good ship or vessel called the Augusta, of the burthen of tons, or thereabouts, now lying at the port of Liverpool, and Messrs. Pedro Martinez and Co., of Havannah, merchants.” Pedro Martinez and Co. were merchants, having a house at Cadiz. It will appear from Mr. Zulueta’s own statement that they had a house also at the Havannah, that they were known slave dealers. According to Mr. Zulueta’s own evidence, he believed at the time they were slave dealers.
Mr. Kelly. If you say that, I beg you to read the evidence. He never did say that.
Mr. Serjeant Bompas. “Do you know the nature of the trade of Pedro Martinez at the Gallinas?—I know from general report that Don Pedro Martinez himself is supposed to deal in slaves, and I believe it is so.” That is at page 682, [question 10398].
Mr. Clarkson. That is an examination in 1842.
Mr. Kelly. These are statements made in 1842. Have the kindness to read the answer to [10413], in the next page.
Mr. Serjeant Bompas. Every word he said in evidence will be read; but an interference in that form and that manner is not proper, and I shall not submit to it.