Mr. Justice Maule. I do not know, at present, how it can be made evidence.
Mr. Serjeant Bompas. I do not know how it can be said that nothing is evidence against a person, unless he is present at the time. I conceive this is evidence on the same ground, as if the captain bought slaves with money sent by Mr. Zulueta for the express purpose of buying slaves, it would be evidence against him. The question is, whether from Mr. Zulueta’s conduct, it is not evident that he sent this vessel for slave trading; that must appear from all the facts: but here we have the confirmation, that there is one of Mr. Zulueta’s letters actually found on board the vessel with the name cut out. We shall prove also another letter, which the captain received. There is all that practice of secrecy, which shows at the time the vessel had been purchased by Mr. Zulueta, when Mr. Jennings was acting as captain of that vessel. We are to show the nature of the transactions of that vessel, and of the prisoner. One thing is, that there was a universal concealment. Supposing we could distinctly show that Jennings was going to the Gallinas for the purpose of dealing in slaves, then we might show, by Mr. Zulueta’s conduct, that he knew that was the object of the voyage; but in order to show what was the intention, we must show what passed; and if we cannot show the conduct of the captain on board that vessel, at the time he is the captain of that vessel, which we say there is evidence that Mr. Zulueta purchased; if we cannot account for that letter which is produced, in Mr. Zulueta’s handwriting, with the name cut out, and give evidence when it was cut out, and how it was cut out, it appears to me excluding us from a means of giving evidence of the facts. If this be not evidence, it is utterly impossible to prove any combination for the purpose of dealing in slaves, unless the prisoner charged says so himself, or is present when they say it. If they employ agents, and he is only one of the parties, I must show the acts of the parties: but here is a letter from on board the vessel, with the name cut out. I am showing that this person received letters while he was at Portsmouth from Zulueta, and that he cut out the name of the person writing those letters. I submit to your Lordship that that is evidence.
Mr. Justice Maule. We think the evidence is not admissible. It is very true, that you might prove slave trading by the captain of the vessel, although you did not show the prisoner to have been present at the time; but it does not follow that every thing which tends to show slave trading, and which would be admissible against the captain of the vessel, would be admissible against Zulueta. I do not think that follows with respect to the evidence now offered. In my opinion it does not necessarily tend to prove slave trading; it amounts to an admission on the part of the captain, that the letter he had received was from a correspondent, whom he desired to conceal; it amounts therefore to no more, if so much, as if Captain Jennings had said to this witness—This is a letter from a person from whom I am desirous of concealing that I have received letters. I think this is not evidence.
Mr. Serjeant Bompas. You say you were on board that vessel frequently, giving instructions to Mottley, and occasionally with the captain; did you see any thing on board that vessel in a bag at any time?—I saw some deck-screws; I found them.
Mr. Justice Maule. You say you saw them; do you mean that you found many, or only a few?—It was one bundle, wrapped up in canvas.
A bundle of deck-screws, wrapped up in canvas?—Yes.
How many?—About twenty, or two-and-twenty.
Mr. Serjeant Bompas. Will you explain what you mean by deck-screws?—Screws that are formed for placing a temporary deck for slaves, to go through the deck, and fasten to a beam to ship a deck.
To screw it on, and then take out the screws and move the deck?—Yes.
Mr. Justice Maule. Whereabouts did you find these?