Gentlemen, there is one observation I ought to make before I close. My learned friend has thrown out the question, Who is the prosecutor in this case? It is quite immaterial, in point of law, who is the prosecutor; the question is, What is the evidence against the defendant? But you will not for a moment understand that the prosecutor wishes to conceal himself or his name. The name of the prosecutor is the attorney in the case, Sir George Stephen; he is the son of a gentleman whose name has been known as long as any attempt has existed in this country, as one deeply interested in the attempt to overthrow the slave trade, and cause its suppression; and he is the nephew of a man to whom undoubtedly I should say is due very great praise, it would be hardly too much to say the greatest praise, in removing the stain which rested upon this country—I mean Mr. Wilberforce. Sir George Stephen has no fear or apprehension upon the subject; he has felt it to be necessary and proper in his judgment, and the judgment of those with whom he is connected and with whom he has acted, that some person should stand forward to bear all the responsibility which rested upon any individual in bringing a case of this kind before you for your consideration. He has no objection to bear that responsibility; he has performed his duty in this respect. But that is quite immaterial to the question in this case, which is simply this,—Is the prisoner at the bar guilty or not guilty of that with which he is charged in this indictment? And I mention the name of Sir George Stephen, because he does not wish to shrink from the responsibility which rests upon him. You will attend only to the evidence, and upon the evidence you will give your verdict of guilty or not guilty. I am sure, if the prisoner is innocent, you will give that verdict with great satisfaction; but if he is guilty, you will not shrink from that important duty which rests upon you in giving a verdict—a verdict of the utmost importance to those human beings for whose protection you are now sitting. If he is innocent, no feeling of that description will influence you in giving a feather’s weight to the prosecution; on the other hand, if you feel that he is guilty, you will not shrink from saying so by your verdict.
EVIDENCE FOR THE PROSECUTION.
Captain Henry Worsley Hill, R.N. sworn. Examined by Mr. Serjeant Talfourd.
Q. You were formerly the commander of a ship called the Saracen?—A. Yes, I commanded her on the coast of Africa.
From what time to what time? Did you command the Saracen on the 1st of October, 1837?—I commanded her from October, 1837, to June, 1841.
What was the general nature of the service you were engaged upon?—The protection of British commerce, and the prevention of the slave trade.
Mr. Justice Maule. What was the Saracen?—She was a man-of-war, a brig.
A king’s ship?—Yes.
Mr. Serjeant Talfourd. Did you become acquainted in the course of that service with the river Gallinas?—Yes.
How far is the river Gallinas from Sierra Leone?—For large vessels navigating it is necessary to go round a large tract of shoals, which makes it 150 or 200 miles; but there is a nearer navigation for smaller ships and boats. It depends so much upon the draught of water of the vessel you are navigating.