Mr. Serjeant Talfourd. “And also a certain draft or cheque,” &c. (Reading the terms of the notice.)
Mr. Kelly. I make two objections to this evidence; the first is, that no such cheque is proved to be in existence; and secondly, if there were, such cheque is not proved to have been in the handwriting of the prisoner at the bar, and therefore it is not admissible. I ought to add, as the notice to produce has been referred to, and is now upon the table, that the notice calls upon the prisoner, Mr. Zulueta, to produce all the books, documents, and accounts of his house, between certain dates, at all relating to the transaction in question; and all letters written, and copies of letters written by this house, or any body for them in relation to this matter. My Lord, every document there mentioned is here in Court, and in two minutes ready to be put upon the table.
Mr. Serjeant Bompas. To try you, I call for the paper referred to in the charter-party.
Mr. Kelly. The greater part are in Spanish, and the prisoner at the bar can distinguish them, but the clerks who kept these books, the corresponding clerk, and the clerk in whose handwriting they are, are ready to speak to any thing my learned friend may call for from the beginning to the end.
Mr. Serjeant Bompas. I call for that letter referred to in the charter-party.
Mr. Kelly. Put the documents upon the table.
Mr. Serjeant Bompas. You need not go through that performance. Will you produce the receipt mentioned in the charter-party?
Mr. Kelly. I have said I have it not.
Mr. Serjeant Bompas. There is a letter mentioned here: “We have received your letter of yesterday.” Will you produce that? Captain Jenning’s letter of the 25th of September, 1840?
Mr. Kelly. Certainly.