A Juryman. May we find on any particular count?
Mr. Justice Maule. You will consider the charge as that of employing a vessel, or loading goods on board, for the purpose of accomplishing the slave trade. The great question is, the knowledge and intention of the prisoner. If the thing was done with his knowledge and intention, and it was for the purpose of slave trading, there is no doubt that he bought and dispatched the ship, and loaded the goods. I do not see why you should trouble yourselves with any particular count.
[The Jury withdrew at Twenty Minutes before Twelve, and returned into Court at Ten Minutes after One, finding a verdict of “Not Guilty.”
Mr. Serjeant Bompas. My Lord, there is another indictment against the prisoner for a misdemeanour. It appears to me that it involves necessarily the very same question, and therefore, as far as I can judge of it, and of course with the authority of the prosecutor, I feel that it would be wrong to put the prisoner again on his trial for that offence. It seems to me that it will depend upon the same evidence, and I cannot but conclude that the Jury will come to the same conclusion. I will take the opportunity of saying one word. Observations having been made with respect to myself when the former case was going on, when I could not interfere, I can merely say, that with regard to myself, the prosecutor, and of every person connected with the prosecution, there was no possible fact or document which I could have admitted, which could have done the prisoner the slightest benefit.
Mr. Justice Maule. That observation was made in Mr. Kelly’s address.
Mr. Serjeant Bompas. It was impossible we could have any view but that the Jury should have the whole before them, and we rejoice in the result.
Mr. Kelly. With regard to what has fallen from my learned friend, Mr. Serjeant Bompas, I am greatly obliged to my learned friend for making that observation to his Lordship. As far as respects that part of what has fallen from my learned friend, which respected the other indictment, it will be desirable in the course of the present session—I do not say to-day or to-morrow—but in the course of the present session, to empannel a Jury, and that the prisoner, Mr. Zulueta, should be acquitted in respect of that indictment. With regard to the other observation which has fallen from my learned friend, I beg to assure him, which I do with the utmost possible sincerity, that I never intended to say any thing which could be construed in the slightest degree as disrespectful to him. There is no gentleman at the bar less deserving of any disrespectful observation than my learned friend.
Mr. Serjeant Bompas. Your observations were made in public, and therefore I felt it necessary to say what I did. Your Lordship will order the expenses to be paid?
Mr. Justice Maule. Certainly: I think that it was a very proper case for inquiry. The most convenient course will be just to swear the Jury in the second case, and take a verdict.
Mr. Serjeant Bompas. If the Jury have no objection.