Offence: Miscellaneous > kidnapping
Verdict: Not Guilty > unknown
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2895. PEDRO DE ZULUETA, the younger, was indicted (with Thomas Jennings and Thomas Bernardos, not in custody), for that they did illegally and feloniously man, navigate, equip, dispatch, use, and employ, a certain ship called the Augusta, at London, to accomplish a certain unlawful object, i. e. to deal and trade in slaves.—Another Count, for shipping on board the said vessel certain goods, to be employed in accomplishing the said object.—'Other COUNTS varying the manner of stating the charge.
conducted the Prosecution.
MR. JOSEPH GURNEY . I attended as short-hand writer before a Committee of the House of Commons. The evidence of Mr. Zulueta in the book now produced is printed from my short-hand notes, and is correct.
CAPTAIN HENRY WORSLEY HILL, R. N . I commanded the ship Saracen, on the coast of Africa, from about October, 1837, to June, 1841—I was engaged there for the protection of British commerce and the prevention of the slave-trade—she was a man-of-war—I became acquainted with the river Gallinas
in the course of that service—it it necessary to go round a large coast of shod), which makes it 150 or 200 miles from Sierra Leone; but there is a shorter course for smaller vessels, it depends much on the draft of water—on the river Gallinas there are several small towns—the inhabitants are negroes, blacks—the European population are chiefly Spaniards—when I first became acquainted with the Oallinas there were barracoons there—it was on my station from December, 1838, till May, 1841—I had sailed there in 1897, but did not land there—I knew there were barracoons there for years, and the slave-trade was exclusively carried on there—I afterwards landed, and became acquainted with the establishments there—the barracoons are now destroyed by an arrangement made by Captain Denman—I was present when they were destroyed, and saw the whole slave establishment destroyed—there were six or seven—the first time I was on shore there, and saw the barracoons, was in Nov. 1840—I was cruizing off there two years, for the prevention of the slave-trade, but had no personal inspection or knowledge of them till November, 1840—the barracoons are places for warehousing the slaves till they are exported—I made the plan now produced—the river has never been surveyed—this gives a general view of the river, and the barracoons before they were destroyed on it, to the best of my ability—the first place we landed at was Dombacoro—the barracoons are extensive buildings of themselves, and the buildings for people to live in, to attend the slaves, are numerous—there may be fifty buildings, I suppose, in Dombacoro alone, for the people to live in—each barracoon has a group of buildings round it for stores, and the barracoons themselves are places to contain 500 or 600 slaves—Tiendo, immediately be end the slave establishment, is a native town—the slave establishment is towards the point—at Jacria I saw nothing but slave establishments—Carmasuro is a slave establishment—I saw nothing but slave establishments—at Carmetiendo the same—there is another slave establishment at Paisly, and at two other islands are some small slave establishments.
Q. Do you know of any other trade or commerce carried on there except the slave-trade? A. None whatever—I was at the whole of the slave establishments I have mentioned, went over them all before they were destroyed, and saw nothing but the slave-trade—if there had been any commerce carried on I must have known it—a merchant named Ignatio Rolo was on board the Sara-cen for near two days—Captain Denman had taken a slave-ship, and he was taken—I never saw him buy or sell a slave; but as far as I know a grocer's trade, I should certainly say, he was wholly and solely a slave dealer—he resided at Jacria, a slave establishment—I went all over his stores, and every thing; there was po sign of anything there but the slave-trade—I never saw him there—I did not see him in any occupation—it must have been in November that I saw him, a day or two previous to our going into the Gallinas to make some arrangements with the chiefs—there is no establishment there called by his name—Jacria is the establishment there—he came on board the slave vessel, and was detained by the prize-officer—he is a Spaniard, to the best of my belief—I was not personally acquainted with a merchant named Alvarez—I knew Don Ximinez there, and have seen him at Sierra Leone as well—we fell in with a vessel called the Golupchick, several times, and chased her, we finally succeeded in taking her, in April, 1839—she was sailing under Russian colours—a man named Thomas Bernardos was commander of the vessel at that time—the crew were chiefly Spaniards—there might have been one or two Portuguese—she was equipped for the slave-trade, there was no doubt of it in my eyes—she had more water-casks than were necessary for an ordinary or fair trader—they are large vessels called leagers—any vessel may have leagers on board, but she had a larger quantity than was necessary for a merchant vessel, considerably larger, and that is one of the
fittings of a vessel engaged in the slave-trade, and are forbidden articles, prohibited to be used by foreign powers—she had a sliding cabouse, which held a very large copper—that is another article which is also prohibited—the hatches were covered over with temporary planks—there were some other trifling things quite sufficient, according to our treaties with foreign powers, to authorize me to seize her, as a vessel equipped for the slave-trade, had she been under the Spanish flag—I seized her, believing her to be Spanish, although sailing under the Russian flag, but it did not appear by the papers that she had been in a Russian port—I sent her to Sierra Leone, and tried to prosecute her in the British and Spanish mixed Commission Court, as a Spanish vessel, but she was not received into Court, being under the Russian flag, and with Russian papers—I then determined to send her to England, that the Lords of the Admiralty might dispose of her as they thought proper, because I felt fully satisfied she could not be a Russian vessel—I sent her to England to be condemned as a slaver—Bernardos went in her to England, but previous to sending her to England I tried her a second time, in the mixed Commission of Sierra Leone—in February, 1841, I again saw that same vessel at anchor at the Gallinas—she anchored at I went on board of her—she wns then named the Augusta, and was under the English flag—I am perfectly satisfied it was the same vessel I had captured before—I found a man named Jennings in command of the vessel at that time—I asked for the ship's papers directly I went on board, and got them—it is my duty to demand the papers, and I received them on demanding them—I received other papers afterwards—after receiving the ship's papers in the first instance I returned them to Jennings; and on his refusing to answer a question which he was bound to answer me, as commanding a British man-of-war, I insisted on detaining the vessel till that question was answered—I afterwards received a packet of papers from Jennings—I took them on board my own vessel, on purpose to read them—I left an officer in charge of the vessel—I detained the vessel—she was afterwards taken to Sierra Leone—I prosecuted her there, and she was afterwards condemned in the Vice-Admiralty Court—I have seen nothing of the vessel since.
Cross-examined by MR. KELLY. Q. I think you say, that although you were for some two or three years cruising on the coast of Africa, it was not till Nov. 1840, that you landed at the Gallinas? A. I landed on an island in the river, for about half an hour previous to that—with that exception, I had not landed at the Gallinas—there are several villages up the river Gallinas inhabited by natives—the river Gallinas extends some distance into the interior, at least 1 believe so—I have been up it perhaps ten or a dozen miles, and there is a native village called Mina, another called Tardia, and another called Tiendo—I have been up it at least twelve miles—I cannot say whether the river is navigable farther up than I went, I should think not from the appearance of it, except for canoes—I cannot say that the people could pass considerably higher up—I did not see canoes higher up than where I went, nor could I see far up, as rivers are always very winding—as high as I went it was navigable for canoes, but I never saw canoes there—I was on this coast for the protection of British commerce, and for the prevention of the slave-trade—that commerce consisted, among other things, in the exportation of the merchandise of Britain to various places on the coast of Africa—I know that British merchandize, in British and other vessels, is exported to a very considerable extant to various parts of the coast of Africa.
Q. Do you not know that British merchandize, to a very considerable extent, is from time to time exported to the Gallinas in a lawful manner? A. I have known English vessels arrive at the Gallinas, and part with a little of their cargo—I have never known an instance, before the Augusta, of an English
vessel arriving at Gallinas consigned to deliver her cargo—I have known one English vessels dispose of part of their cargo at the Galiinas, but I do not know of its being for a lawful purpose; because I am fully satisfied that from the Gallinas there is no export but slaves, therefore I cannot think it was lawful—I have known British vessels sell part of their cargo, but I doubt whether it was for lawful purposes, because there was no produce in exchange for it—I never knew of ivory or palm oil being exported from the Gallinas—I am only speaking of the period of my knowing the Gallinas—I hare never known British produce or mechandize landed there, without doubting the legality of its purpose, because there was no produce to give in exchange, no produce to be met with.
Q. In your judgment was there anything illegal in the landing of British produce, for the use either of the native chiefs or inhabitants of the towns or villages you speak of? A. That is a question which I cannot presume to answer—I seized this vessel because I considered her trade to be illegal—I have seen a vessel called the Gil Blas—I think she landed goods at the Gallinas—if that is the vessel I mean, she was commanded by a man named Sargeant; at least I think he landed some goods there—I did not see him—he gave me to understand that he did, and received something in exchange—I think the Gil Blas was there while my vessel was there—I did not think it necessary to seise the Gil Bias—I heard from the man who commanded her, that goods were landed there—I was not present when he sold them, nor do I know to whom he delivered them; but he gave me to understand he had sold those goods to Pedro Blanco—Sergeant brought off to me from Pedro Blanco a dozen fowls and a sheep, which I was very glad of—I had never seen Pedro Blanco in my life—I had had no fresh provisions for some little time, and he gave me to understand the dozen capons had come from Marseilles, in a vessel Wnieh had that morning tailed with slaves—I cannot remember how long the Gil Blas was off the Gallinas—it might have been a day or two—I do not know of any other vessels that landed goods there, which I never thought of seising—I do not remember ever seeing the Star there—I do not remember the name—I do not remember a vessel called the L'Inferna—I think I remember the name of the Milford—uhe did not, to my knowledge, land goods to a very large amount at Gallinas—I do not remember the Sublime—I was on a cruising visit—my station was extensive—I was a good deal at the Gallinas, because it was a noted slave place—I sometimes remained at anchor there two or three days together, and sometimes my doty would call me away for two or three months together—it is impossible for me to say what goods were landed there—I can only guess at the population of the villages—I should say that Tiendo there might, perhaps have been 800 or 900, at Tardia 200, and Mina 700 or 800, but it is only guess, from casually visiting there—there is another native town further down the river, the name of which I do not know—I only saw it—it was not thickly populated, by any means.
Q. As far as you could judge, is not British commerce to the coast of Africa exceedingly serviceable to the natives? A. That depends on which way it is to be taken—if British commerce is to be employed in the slave-trade, I doubt its being serviceable to the natives—my station extended from Portandicque down to Madagascar—undoubtedly British commerce must be of great benefit to Africa.
Q. Within your own experience on the coast of Africa, is not a lawful trade carried on to a considerable extent by the same persons who likewise carry on the slave-trade? A. I have not seen those persons trading, and therefore I cannot say—I do not hesitate in saying that I believe, in many Places on the coast of Africa, the same trade is carried on by the same persons,
both the slave-trade and exchange of the produce of the coontry, but I do not believe that to be the caw at the Gallinas—I do not think at the Gallinas there is any trade but the slave-trade—speaking from heartsay, I should say that, at many places on the coast, a lawful trade and the slave-trade is carried on by the same persons; but, at the Gallinas, I am as confident there was not, as it is possible to be from my experience of the place for a long time, from being on the spot—I have been a great deal off Gallinas, and during that period I saw no other trade, nor the sign of any other trade, than the slave-trade—I state that from my knowledge derived from my personal presence at Gallinas—officers in my situation are entitled to a share in the value of the vessel seized, if condemned—supposing a vessel and carge to be of the value of 10,000l., condemned in the Vice-Admiralty Court, half the proceeds would go to the Crown, and the other half would be divided among the captors, after all the expenses were paid, of which the admiral gets one-tenth, and the captain gets one-eighth of the remainder—I think that is it, to the best of my knowledge—if the vessel be condemned in the mixed commission, I believe it is nearly the same, but half goes to the nation under whose flag she is sailing—a mixed commission court is a commission composed of commissioners of two or various nations, to determine cases of foreign vessels—the Act of Parliament authorises us to seize Portuguese vessels, and prosecute them in the Vice-Admiralty Court—I do not know exactly how the proceeds were to be divided—the mixed commission decides on Spanish or Portuguese vessels, and the British Vice-Admiralty Court decides on vessels sailing under British colours—I do not remember having ever seen a Spunk vessel with a British captain—when I first seized the vessel under the name of the Golupchick, she was not in every respect fitted up for the slave-trade—I do not think she had a slave deck—she was in many respects fitted up for the slave-trade, and that led me to seise her—I sent her to England, and know nothing more of her—I heard nothing from the Admiralty about her—when she bore the name of the Augusta, and I seized her from Jennings, she was certainly not, in my opinion, fitted up for the slave-trade—I did not seize her for that the second time—I seized her for her trade—I saw nothing I do not know what might have been under her cargo—I was on the coast of Africa from Oct. 1837 till June 1841, and from Dec. 1838 until April or May 1841 Gallinas was within my station in the first instance—I had charge of a station, during that period, from Admiral Camphell, extending from Cape Palmas up to Cape de Verde Islands, and then there was another senior officer, Captain Denman, appointed—the extent of coast over which my duty extended varied according to the orders I received—from Oct. 1837 till Dec. 1838 I was on the coast, at different parts, from Sierra Leone as far as Madagascar, but from Dec. 1838 till I left the coast of Africa in May or June 1841 it was confined to the coast between Cape Palmas, Portandique, and the De Verde Islands—I was up at Portandique for a month—my duty extended over about 1000 miles, I suppose—the sort of British commerce exported to Africa during that period was gunpowder, muskets, brandy, tobacco, and cotton goods—I do not think it is possible to distinguish articles for the slave-trade and articles for British commerce, at least I do not know how to distinguish them.
COURT. Q. The articles sent in both instances, I suppose, are articles welcome to African consumers? A. Yes—I am speaking of the west coast only—I do not think it is possible to distinguish—whether it is paid for in slaves or in palm-oil, the same things are welcome in the same place.
MR. KELLY. Q. With regard to these article, when exported to various parts of Africa, sometimes is the return-made in dowbloons or money, sometimes,
in ivory dyewood, palm-oil, and other commodities producable in Africa? A. When goods are landed, and doubloons are obtained, the chances are a hundred to one but the doubloon come from the Spaniards, and I never knew a Spaniard engaged on the coast of Africa except in the alave-trade—when you get produce in exchange, it is certainly more likely to be got from the natives, and it is a fair exchange—I think I knew bat of one spiniard who got produce in exchange for merchandise; at least, I do not know whether he is a Spaniard or not—his name was Canot—I think he exported palm-oil as well as alaves, but he told me he was agent of Pedro Blanco—I never saw any of the house of Zulueta and Co. in the course of my travels on the coast of Africa, to the best of my recollection—I know neither of them personally—I saw Mr. Zulueta for the first time before the Committee of the Privy Council.
MR. SEROEAKT TALFOURD . Q. You were asked whether you saw any litre fittings on board the Augusta when you captured her, and you say none; did you examine any of the cargo? A. No—when I first saw the vessel, the hatches were grated, and I think when I seized her the second time she had new hatches, and no grating at all—I saw nothing to induce me to believe that she had slave fittings when I seiced her as the Augusta—I examined her so far as going down into the hold, but I did not disturb the cargo—I do not know what might have been under the cargo—there might bare been many things—I did not find any ledgers.
COURT. Q. Are you able to say whether she was or was not fitted to carry slaves? A. Had she been equipped for the slave-trade I should have seixed her at once, but she was not, in my idea, and to the best of my belief.
MR. SEBGBANT TALFOURD . Q. Not for taking slaves on board? A. She had not what we consider slave equipments, leagers, hatches, open gratings, irons, and coppers—I saw none of those things—the first time I want on board the vessel I was on board perhaps two hours—the next day I might have been as long perhaps—I might have gone on board three or four times.
Q. I suppose they might get the equipments if they came into the port and discharged their cargo? A. In many places—if the residents at Gallinas expected a slave vessel to come out without slave equipments, they might take care to procure them by other vessels, and might have them perfectly ready—slave equipments are very soon put on board, in an hoar or two—it would take a very short time to put on board slave equipments for a vessel of the size of the Augusta—they might send off their water-casks filled with water in two three, or four canoes, and they would be all on board; and if they do not choose to lay a slave deck, they put mats over the casks, and put the slaves under these mats, and they might embark five hundred slaves In two hours afterwards, and be under weigh and be off—I believe the proceeds of the Augusta amounted to somewhere about 3800l.—half of that would go to the Crown—I have not got a sixpence.
COURT. Q. You would get one eighth of the sixteenth? A. I am afraid there is some 300l. to come out of it for the expenses of the Privy Council Committee.
Captain HILL re-examined. This letter is one I found on board the Augusta, here is my handwriting on it—this is another, and is in the same state in which I found it on board the Augusta, with the signature cut out—(looking at two Papers numbered 11 and 12, produced by Mr. Brown)—these two papers I also found—this is the charter party.
Cross-examined by MR. KELLY. Q. You say these papers you found on board the vessel?
A. They were the papers given me by the master on board the vessel—I did not find them by searching—I put a number on them.
ALBINO DE PINNA (looking at a letter dated 26th Sept., 1840.) I presume the postscript to this letter, to be the handwriting of Mr. Zulueta, the prisoner's father—this dated 20th Aug., looks like the handwriting of Mr. Zulueta, the son (the prisoner)—I believe it to be his—I believe the signature to this charter party to be the prisoner's—the other I do not know—I do not know the writing of the body of the first letter.
Cross-examined by MR. KELLY. Q. I believe you are notary to the Spanish Consulate? A. I am—I have known the house of Zulueta and Co. some years—the prisoner and the rest of the firm maintained the highest character for integrity and propriety of conduct—as far as my knowledge goes, I should say it was perfectly impossible for the house of Zulueta and Co. to be violators of the law—I have had business transactions with them—I know they were agenta for several houses in Spain, the Havannah, and other places, and have carried on business for many years to a very great extent—my impression is, the vessels under the Spanish flag cannot be commanded by English captains—I have been admitted a notary about twenty years—I am a native of this country, and acquired my knowledge of the Spanish language here—I have had a great deal to do with commercial transactions with Spain and Spanish merchants—my connexions are almost exclusively Spanish—I never knew a vessel under the Spanish flag commanded by an English captain.
MR. SERGEANT BOMPAS. Q. Who are the firm of Zulueta and Co.? A. The father, Don Pedro de Zulueta, and the son—I have no certain knowledge was the others are—I do not know whether the other son is a partner—I do not carry on any other business than a notary—I never did—I became acquainted with captains and shipping by having often to prepare various documents connected with shipping.
(The letters were read as follows)—"London, 20th Aug., 1840.—Sir, Is reply to your favour of yesterday, we have to say that we cannot exceed 500l. for the vessel in question, such as described in your letter, viz., that excepting the sails, the other differences are trifling from the inventory. If you cannot therefore succeed at those limits, we must give up the purchase, and you will please act accordingly.
"Capt. JENNINGS, Portsmouth."
"ZULUETA and Co.
"Capt. THOS. JENNINGS, Portsmouth.—London, Sept. 26,1810.—Dear Sir We have received your letter of yesterday, whereby we observe that the sun we have remitted you will not be sufficient to cover all expenses to clear the ship. We much regret you have omitted mentioning the sum you require which prevents our remitting you the same by this very post, thus causing a new delay in leaving that port, so contrary to our wishes. You will there fore write to us to-morrow, that we may receive your reply on Monday morning, informing us of the amount necessary to finish paying all your account and expenses, to remit you the same by Monday night's post, in order that you may be able to sail for Liverpool on Tuesday or Wednesday at the furthest. You must not omit stating the amount required; and, waiting you reply, we remain." (Signature cut out.) "According to our Liverpool-house notice, you will go to the Salthouse-dock."
(The charter-party was here read. It was dated 19th Oct., 1840, signed Thoe Jennings, and for Pedro Martinez of Havannah, Zulueta and Company, by which the Augusta, Thos. Jennings, master and owner, was chartered to load from the factors of Martinez and Co., a cargo of legal goods, therewith to proceed to Gallinas and deliver the same, after which to any legal voyage between the West Indies, Africa, or the United States; and specifying that the captain was indebted to the charterers in certain sums elsewhere acknowledged.)
GEORGE WHITE . I am clerk to Sir George Stephen—I served copies of this notice on Messrs. Zulueta, and on Messrs. Lawford and Co., and on Thomas Jennings—I either served them on the parties, or left them at the office.
cross-examined by MR. KELLY. Q. How came you employed in this matter? A. I happened to be at Sir George Stephen's office, and he asked me to serve them—I am clerk to a wine-merchant—I served one copy on the 20th of Oct. on Zulueta and Co.; on the 21st on Messrs. Lawford; and on the 23rd at Jennings' residence—the copy served on the 20th, on Zulueta and Co., was without date or signature—I had it from Sir George Stephen—he did not tell me why it was without signature—I served three other notices with signatures on the 26th of Oct., yesterday, the one at Zulueta's, about five o'clock, not on Mr. Zulueta himself, nor did I go to Mr. Lawford himself—I received them yesterday—I only served the one on Jennings.
MR. SERGEANT BOMPAS. Q. Was the name of Sir George Stephen on the first, although not signed? A. Yes—I served the second copy at the office of Lawford and Co., and Zulueta and Co.
(A letter was here read, produced by Mr. Zulueta's counsel, pursuant to notice, signed Thomas Jennings, dated" Portsmouth, 26th Sept. 1840," to Zulueta and Co., stating that the money they had remitted was not sufficient to clear the port, and requesting their advice by return of post at to whom he should draw upon.)
WILLIAM THOMAS . I am clerk to Glynn and Co., who are the bankers of Messrs. Zulueta. On 29th of Aug., 1840, 650l. was paid on their account, whether for a cheque or bill I cannot say—it might be a bill payable at out house—we return our cheques—I have a memorandum of the notes I paid on that day, with their numbers.
COURT. Q. The order on which you paid the money was returned to Zulueta and Co.? A. It was—there was a pass book between us and Zulueta and Co., in which all payments were entered, and this among the rest—that would not state whether it was a draft or bill—it would, of course, state the account on which it was paid, and with that, we sent back the draft, or order on which it was paid—I cannot tell when it was called for—it might have been the following day, or a week or fortnight afterwards—I should imagine Zulueta and Co. would have their book away very frequently—we returned the voucher in the pocket of the book—the payment was made on the 29th of Aug., 1840—they send or call for their book, I cannot say how frequently—it is not my department, therefore I really do not know—I should imagine they, had it returned frequently, from the general custom of merchants of their standing—the payment was entered in a book, which I believe was returned.
MR. SERGEANT BOMPAS. Q. Are either of your principals here? A. Not that I am aware of—I have nothing to do with giving up the books—I have no doubt that Zulueta had their book away frequently, but I do not know it myself—I should say they had it almost daily—I paid that 650l. on account of Zulueta and Co. on the 29th of Aug., 1840—the Nos. of the notes were 47194, 41674, 48204, dated Mar. 9th, 1840; No. 36020, dated 25th of May; a Liverpool Branch Bank of England note, No. 46243, dated 9th of Mar. and 38288, same date, all for 100l. each, and the 50l. note was No. 1364, dated 8th of Aug.
EMANUEL EMANUEL . I reside at Portsmouth. I know a vessel, called the Golupchick—she was sold by auction, and I purchased her for a friend, for 600l. and the auction expenses—I afterwards sold that vessel to Captain Bernardos and Captain Jennings, who came together to purchase her—I
cannot tell the day of the month, but I sold her the day I remitted the money, I think it was in June—I have a memorandum made by my clerk, of the Nos. of the notes I received.
MR. KELLY. Q. When was the memorandum made? A. The same day the letter was posted—it was sold, I think, the 1st of Sept.—they are entered as sent on that day—this is the only memorandum that was kept.
MR. SERGEANT BOMBAS. Q. What are the numbers? A. The numbers entered here are J. B. 48204, 47194, 46243, 41674, 38288, dated 9th of Mir.; 36020, May 25, 100l. each, and 01364, dated 8th of Aug. 50l.—I received no documents in respect of the vessel—she was sold by public auction—I did not deliver any, I merely gave an order to the ship-keeper to deliver her up, which order I requested to be returned to me—I have not got it—I took no account of it—it was not a business transaction—I bought it for a friend, and took no notice of it—I received no copy of a register, or bill of sale.
Cross-examined by MR. KELLY. Q. Who originally sold her? A. She was advertised to be sold by auction, at the Exchange-rooms, at Portsmouth, by Mr. Robinson, an auctioneer.
MR. SERGEANT BOMPAS. Q. To whom did you pay the money for your purchase? A. I think I paid the money myself—the money was originally paid by a cheque from the party, by whom she was purchased, who attended the sale himself, although I bid for her—that cheque by some accident or other was not presented at the place where it was drawn—the cheque was brought back to me, and considering myself responsible I paid the money for it to the bankers immediately—the cheque was paid immediately afterwards—the cheque that was given at the sale to the auctioneer was not prssented in the regular form, and not paid—it was not a cheque of mine, but of the party for whom it was purchased.
CAPTAIN HILL re-examined. (Looking at seven cockets produced by Mr. Brown.) These were delivered to me by Jennings—I found no document mentioning the house of Zulueta and Co., of London, on board the vessel, but the one that has been read—these are all the papers I could get—(By the cockets it appeared that Jennings had shipped, on board the Augusta, from Liverpool to the Gallinas, cotton shawls, muskets, matches, copper and iron pots, cases of British glass, cotton goods, tobacco, and gunpowder.)
Cross-examined by MR. CLARKSON. Q. Do you know the prisoner? A. Yes—I have known him since he was a child—he has borne a most excellent character—as far as I know he has been a good child, a good father, a good husband, and a most honourable merchant.
WILLIAM THOMAS ONYON . I reside at Portsmouth. I knew the vessel called first the Golupchick, afterwards the Augusta—I knew the captain, Jennings, and the mate Mottley, and was on board the vessel at times—I am a teacher of navigation, and was giving Mottley instructions—while I was on board I found a bundle containing about twenty-two deck screws wrapped up in canvas—they are screws formed for placing a temporary deck for slaves, to go through a deck, and fasten to a beam to screw on—you take them out, and remove the deck—I found them in a secret place at the back
of the cupboard, in the cabin of the ship—the boy was patting the soup tureen into the cupboard, he happened to put it too far, it fell, and in reaching it up, in searching there, I found the screws—I put them on a table, and Mottley opened them—they were put into the cabin by the boy Clarke—this was about the middle of September, 1840—I have seen some shackles among the ballast mixed with it—I do not know how many—I have been at sea some years, and have left it about four years—all tlte bed places had false tops, false lining, a vacancy between the deck and lining—there was an opening of about four inches, so as to enable any thing to be stowed away there—it would then be concealed—it was a kind of moulding which opened, and then there was this vacancy—it was not at all perceptible.
Cross-examined by MR. KELLY. Q. Were these articles of use in carrying on the slave-trade? A. I presume so—I acquired my knowledge of what is useful for the slave-trade from the representations of Mottley himself, who was on the coast for years—that is all I know it from—I have heard the Golupchick was sent to England to be sold, having been seized, being fitted up for the slave-trade—I believe before a vessel sails out from a British port for the coast of Africa it is examined by the authorities to see if it is fitted up, or has any articles for the slave-trade—these articles were at Portsmouth, before the vessel went to Liverpool where she received her cargo.
JOSEPH BANKS , sen. I am a cooper, and live at Portsmouth. I remember the Golupchick being there in 1840, and while there, I went on board her—I was employed to do something to the water casks—they were double leagers—they were different sizes, but these would contain about 1,000 gallons each—there were about a dozen—they were entire when I first went on board—they were found on either side of it, full of water—Mottley, apparently, assumed the command of the vessel at that time—I saw Jennings there—I did not know Bernardos—I received directions from a person calling himself Jennings—he gave me directions to do something with the casks—he took me on board the vessel in the shipwright's boat—I found the casks full of water in the hold of the vessel—I think of the larger kind there was about twelve, and I should say fifty of the smaller—I numbered each stave of the large casks; I rased them with a proper rase-iron which coopers use, their took the hoops from them, took the casks down, put the hoops inside, and made close bundles of them, so that they could be put together again—I reballasted the vessel, and stowed them on the top of the ballast in packs, each cask in a separate pack—I did the same with the smaller ones, and left others for water for the voyage—it took me from the 8th to the 19th of Sept. 1840 to do this—while, on the vessel, after putting the large casks into the hold, my attention Was attracted by a noise in one of the smaller casks, which proved to be what was called shackles when I was in the West India trade—I did not count them, but consider, from their weight and appearance, there were nearly 200 pairs—nothing was done with them while I was there—to all appearance they had been in the vessel before—I left the cask nearly in the same place as I found it—we did not take that cask to pieces; we took the head out, hearing the noise—I did not put the head in again myself.
Cross-examined by MR. CLARKSON. Q. Was it necessary to hammer the casks to separate them? A. Yes; we took all the hoops off—it makes a great noise sometimes—I had my son to help me, and the ship's crew at my command at any time—I went to get the cask out of the hold—I do not know how long this was after the ship was sold as a condemned slaver—I heard the sale was in August—I did not go to the sale—I never saw any persons come on board in particular—there were comers and goers, such as do come and go with vessels; young men coming on board, wanting to go out in the vessel; nobody else that I know—the ballast was iron—the shackles
were on the starboard side—I should say they did not form the ballast the ballast was pigs of iron—I left the shackles in the same cask—when I left the whole of the ship's company were on board, and Mottley and two shipwrights—I believe they were Portsmouth shipwrights, Case, jun., and Case, sen.—they had been working on board previous to me, and after I left—they are not here—there were two scrapers and caulkers, Portsmouth men, I believe—the Queen's Solicitor at Portsmouth, Mr. Greetham, called on me to be a witness last Thursday—that is the first time I was called on positively to attend—I did not communicate to him that there were two shipwrights working on board, after me—I never mentioned it to anybody—I was never taken before a Magistrate on the subject—I cannot say whether any of that articles were on board at Liverpool—I never went to Liverpool.
HENRY GEORGE MOON . I am clerk to Mr. Vandenberg, of Portsmouth. I remember the arrival of the Golupchick at Portsmouth—on the day of her arrival I went on board in the morning; I think it was on the 10th of June, 1839—Thoms Bernardos described himself as the captain—the vessel was under charge of an officer of Her Majesty's Government at the time—I took a letter on shore addressed to Messrs. Zulueta and Co.—I got it from Captain Bernardos—I put it into the post.
Cross-examined by MR. KELLY. Q. You saw nothing of the vessel when she sailed from Liverpool, on her voyage to Africa? A. No—she was ultimately given up to the Russian government, with her papers.
THOMAS JAMES CLARK . I am nineteen years old, and have followed the sea about two years—I sailed on board the Augusta—I entered on board at Portsmouth harbour to go to Liverpool, at first, but went in her from Liverpool—sailors were hired at Portsmouth, some joined her there—I afterwards went all the way in her—when we sailed from Liverpool there was about twenty-one or twenty-two men on board—I shipped as cabin-boy—I had nothing to do with loading the vessel—after we left Liverpool a heavy gale of wind arose, which lasted some time—it might be several days after we sailed—we were not a great distance from Cork or Falmouth—there was a fair wind back, if the skipper had a mind to run back—there was a great disturbance with the crew about going back—they said the vessel was not safe to go where the shipper wanted—she was to sail for the coast of Africa—they wanted him to go back—he said if he did he was afraid he should lose his crew—they said she was not safe to go to the coast of Africa—it was at last determined he should sail to Spain—I do not know whether the wind was fair for Spain—we were, I dare say, a fortnight or more before we got to Spain—we came to the port of Cadiz—the best part of the men were discharged there—I believe their leaving was through the captain's misconduct—we remained at Cadiz a month, or it might be two months—the best part of her cargo was moved out at Cadiz, in small vessels—there was some tobacco which was damaged—I do not know whether any part remained.
Cross-examined by MR. KELLY. Q. You was on board at Portsmouth? A. Yes, I remember a number of large water-casks, and a good many small ones, on board at Portsmouth, which Banks and his son had knocked up.
Q. Were they not all taken out at Liverpool, and sold by Mr. Toplis, the agent, who had the sale of the goods? A. I know they were put on shore, and am not aware that they were put on board again—I never saw them afterwards—no iron bolts and screws were thrown overboard while the vessel was at Portsmouth, to my recollection.
MR. SERGEANT BOMPUS. Q. Do you remember anything of the quantity of water actually on board? A. No—they had a great quantity of water when they sailed from Liverpool—we had several puncheons on deck, and knocked the heads of several casks in, to help the vessel at the time of
the storm, and two of the casks went overboard—I have been to North America, never in Africa, and do not know what is usual on the coast of Africa.
THE HON. CAPT. JOSEPH DENMAN . I commanded a district of the African coast for two years—the River Gallinas was within my district—I was myself constantly in sight of that river for a period of eight months, and whenever I was not there myself, I stationed another vessel under my orders there, with directions to watch the place, and report to me what occurred—there were no less than six slave factories on shore at Gallinas—eight in the whole—six principal ones—there was no trade carried on there but the slave-trade, exclusive slave-trade—I did not know any of the proprietors of the barracoons personally—I never saw any of them on their warehouses or premises, except one, whose name I believe was Martinez—the name we knew him by was Pedro Fernandez—that was the name be gave—I have seen Ignatio Rollo on board the Saracen, and at Gallinas also—he was landed from the Saracen, commanded by Captain Hill, when I saw him—I never saw him on any of these factories, except on the factory at which he landed—he was landed in a man-of-war's boat—it was not by his own choice.
Cross-examined by MR. KELLY. Q. Had you the means while in this river Gallinas, from time to time, of ascertaining how many towns or villages there were, as far up the river as you went? A. There were, to my knowledge, some three, or four, or five towns on different branches of the river—there are several branches to the river—I went up about ten or twelve miles, I suppose—I am positive there was no trade but slave-trade carried on there—every vessel that landed a cargo there I knew of during a period of ten months, most particularly from March, or April, 1840, till Feb. 1841—I never heard of a ship called the Sublime landing merchandise there to the value of 13,000l. or 14,000l., during that period—I do not at all deny that vessels have landed cargoes there to a very large amount—I say that the slave-trade is exclusive, because no produce in return was exported, nothing but slaves—there are two branches of import to Gallinas—one is the provisions which the slave-traders there eat, and the other the goods which are used by the slave-dealers to buy slaves with—there is no produce exported from there—I do not mean to say to a hundred-weight or a ton, but nothing to be called produce, to be exported—I have known the Gallinas since 1835, and though I have more particularly directed my attention to it for the ten months: I was in charge of that station for two years, during the whole of which time I had vessels stationed at Gallinas, and had reports from that place.
Q. As you have stated there was nothing but the slave-trade carried on there, and that there are no exports, do you mean to include or exclude from your observation the fact of merchandise being landed and purchased there, and being paid for in money, so that a stranger carrying it there, and selling it, and receiving money, would not know but the whole proceeding was perfectly lawful? A. My answer to that is, that persons who land cargoes at Gallinas, in that way, would not be guilty of slave-trading, but all those goods would of necessity go towards slave-trade, because nothing but slave-trade is in existence—the natives have no money to pay for goods, except money that comes from the slave-trade or slaves—there is no produce, and no money coined in that country.
Q. As regards a shipper from this country, supposing any one shipped not as agent, but on his own account, and that he receives money for what he exports, do you mean that there is any slave-trading in that? A. Not of necessity, supposing he did not know the circumstances.
COURT. Q. Suppose he had come away in ballast, is that a transaction
that ever happens? A. I have never known of such a case—there is no English trade carried on in fact.
MR. KELLY. Q. During the time you were there, do you mean that no English vessels went there? A. Two or three English vessels passed, and had a little proceeding, the Augusta for one—I know, from the statement of the chiefs to me, that there was no trade there—I do not know of the sublime landing goods and disposing of them to the amount of 13,00l. or 14,000l.—no such vessel was there during the two years I was there—I think I can positively say that, certainly not for the ten months—the trade I have described has taken place there since 1835, to my knowledge, the landing of goods.
Q. In 1837, do you know of a vessel called the Milford, having carried goods, and landed, and sold goods at the Gallinas, to the amount of between 6000l. and 7000l.? A. I was in another part of the world at the time—I have no reason to doubt it—it is very possible—that does not alter the question, in my opinion, as to whether it was for the slave-trade or not—I know very well that the slave-trade exists, and that 800l. worth of goods was landed there, and not one vessel went away without money or bills, except in cases where they were consigned in cargoes from the Havannah, which was the case with nine out of ten, where the freight was paid in the Havannah by the slave-dealers.
Q. Then the sort of business carried on is this; some vessels do carry commodities to a great extent, receive payment in bills or money, and sail away? A. Those are the exceptions—very few such cases occur, some do—the system is not to carry goods there, and receive slaves in return—the system of trade is, a vessel is sent from the Havannah with goods to a slave factor, (Rollo, for instance, or any of these men at the Gallinas,) she sails again in ballast, the freight is all paid at the Havannah—that is the general rule—I do not say that the vessel is of necessity engaged in slave-trade, became of necessity people do not know what they are about; but the consequence of it is of necessity slave-trade, from the way in which the payment is actually made—it furnishes means to persons there of carrying on the slave-trade—a person living in England, or elsewhere, and exporting produce there, may do so, and get his money for it, without knowing to what purpose it is to be appiied—it is very possible.
Q. Have you not had a hand in destroying certain property there, slave factories, if you please, which is the subject of one or more actions against you at this moment? A. There are certain actions brought against me for the destruction of slave factories at the Gallinas—the destruction of those slave factories took place about Nov. 1840—I have been to various other parts of the coast of Africa, where the slave-trade is carried on—at most of the places on the coast there is both a lawful trade carried on and the slave-trade—the Gallinas is an exception, the only exception I know indeed—I know that from my own personal presence on the spot—if a merchant in England consigns commodities to a person at the Gallinas, it implies a certain knowledge of the party—supposing he knows nothing of the character of the parties by whom he is employed, it does not of necessity follow he should know what he is about—if he knew any thing of the person who desires him to ship goods, or the persons at Gallinas with whom the trader corresponds, I should suppose he would know enough of them to know that there was nothing but slave trading—there are undoubtedly many persons on the coast of Africa who carry on both the slave-trade, and also a very extensive lawful trade.
Q. Then how is a gentleman in England, or America, or anywhere else,
who sends his ships, and exports his merchandise to these persons, to know whether it is for a lawful or unlawful trade? A. If he does not know anything of the Gallinas, he would not of necessity he guilty of doing anything wrong—there is nothing to restrict or prevent us from searching a vessel sailing under the English flag, and commanded by an English captain—we do it without opposition or inquiry; and if an English vessel is seized, she goes, without further delay or impediment, before an English tribunal—by some treaties a foreign vessel would go before a national tribunal; a French vessel, for instance, would go to a French colony, a Spanish or Portuguese vessel would go to a mixed commission—I left England, I think, in Feb. 1840—I knew the Gallinas in 1835—I was in charge of that station—before I was there I did not know there was such a place as the Gallinas—I knew nothing about the coast of Africa—I had no sort of instructions, or reason to inquire or know anything about the trading at the Gallinas—I knew nothing about it.
MR. SERGT. TALFOURD . Q. You knew nothing about trade in Africa, or trade anywhere else, I presume? A. Or trade anywhere else—I believe all the persons at the Gallinas are agents—there are no actual merchants—I have reason to believe there are twenty or thirty Europeans employed there altogether—there is not another man there, exeept those connected with the slave factories—the natives in the towns or villages there have no means of paying for British produce, except by slaves—the country has no produce but slaves—it would be impossible that a merchant who has traded for twenty years to the Gallinas, or Africa, could fail to know the nature of the trade.
LIEUT.-COLONEL EDWARD NICHOL . I have been acquainted with the coast of Africa since the year 1822—I was governor of the Island of Ascension, and afterwards of Fernando Po, five years at each place—it was my duty to attend to other parts of the coast, and make observations upon it—I have received reports from upwards of two hundred officers of the navy, and commanders of merchant ships, of different parts of the coast; and I have sent a small schooner attached to my station off Fernando Po, to make reports of different slave-trading stations, and what was going on there—I know the river Gallinas—I have been there myself, and it has been within my observation since 1822—I was there in 1822, in Her Majesty's ship Victor—we did not stay there long—we were chasing slavers off the place—I was on the coast from that time till I left in December, 1894, and have had continual communication with it since—during that time the trade carried on at the Gallinas was the slave-trade—not a particle of produce was exported from the Gallinas, that ever came to my knowledge, by all the information I received, and by my own observation—the country round the Gallinas produces nothing but stones, and trees, and leaves; very little of anything else, hardly what would subsist the people living there.
Q. Do you know of the existence of slave establishments there? A. As notoriously as this Court is here—I have seen them myself, and had reports of them from the officers that were sent there—I was only there once—I know Pedro Blanco from report, but not personally—they always kept out of my sight—they would not come near me—it is the duty of every British officer on the coast to suppress the slave-trade as much as possible—it was part of my duty—I had no authority to seize slave ships, but to give information to Her Majesty's squadron, and I believe I did that to some good amount—it was my duty to obtain as much information as possible of what was going on on the coast, and to communicate with naval officers, to enable them to seize the vessels—my station was about fifteen hundred miles from the Gallinas, except
when I have been journeying down the coast—Fernando Po is a long distance from the Gallinas, and so is Ascension—I have been running down the coast, and obtaining reports, both myself and from officers—I had the means of ascertaining the way in which the slave-trade was carried on—you cannot get slaves for money—I never saw a slave got for money—they cannot be got without British manufactured goods, supplied by British merchants—the general course is to barter British manufactured goods for slaves, who are brought from the interior of Africa, to places where the trade is carried on—slaves are usually brought to the Gallinas for the purpose of being sold, or bartered for the goods which they meet with there—it is notoriously the most infamous slave-dealing part on the whole coast of Africa—there is a continual drain of slaves from all parts of the interior contiguous to it, continually coming down to the Gallinas—there is nothing going on there but the slave-trade.
CAPTAIN HILL re-examined, (looking at a letter produced by Mr. Brows, and numbered 18)—I believe this letter to be Bernardo's writing—I have some of his writing in my possession, which I saw him write—this is one of the papers I found on board the ship when I seized her—it was not delivered to me by Jennings; I found it by search.
(The evidence given by Mr. Zulueta before the Committee of the House of Commons, in July, 1842, in explanation of the transaction in question, was, that the firm of Zulueta and Co., as agents for Martinez and Co., purchased the Augusta for Captain Jennings with money belonging to Martinez and Co. is their hands, Jennings transferring the vessel as security for the amount, and caused her to be despatched with the cargo, which was consigned to cornspondents of Martinez and Co., by their order, at Gallinas; that Zulueta and Co. had no interest in the result of the adventure, and had nothing furthe is do with the transaction, and had no knowledge that the vessel or goods were to be used for the slave-trade.)
NOT GUILTY .