Mr. Kelly. It is the signature of the prisoner that has been read.
Mr. Justice Maule. I do not think you are in a situation to put in this evidence. This witness paid across the counter to somebody, upon something which they produced, a sum of money, and the thing then produced you call for.
Mr. Serjeant Bompas. We call for the document upon which it was paid, and we are going to take another step to show that the money so paid was applied to this vessel. Your Lordship has got the statement that they advanced the money for the purchase of the vessel.
Mr. Kelly. There is no doubt that the house of Zulueta & Co., on account of Martinez & Co., paid for this ship. My learned friend says he calls for that document. He calls for a document he has not shown to be in existence. Let him prove the existence of the cheque; and then the question arises, whether secondary evidence is admissible.
Mr. Serjeant Bompas. Can you say whether it was paid through a cheque or draft?—No, it is impossible.
Mr. Justice Maule. He says it was paid through an acceptance upon their house, or upon a cheque upon their house; that it was something purporting to come from Zulueta & Co., but that does not bind the prisoner; that cheque so purporting to come from Zulueta & Co. was sent back to Zulueta &, Co., and notice was given for the production of it?
Mr. Kelly. Yes, my Lord, notice has been given to produce the cheque or draft; that does not mean a bill of exchange accepted at Cadiz, where they had a house, or at Liverpool, where they have another house.
Mr. Serjeant Bompas. Cheque or draft would apply to a bill.
Mr. Justice Maule. If it refers sufficiently to the contents of it.
Mr. Kelly. Read the words of the notice, and we will see.