Part 34
On that day, between two and three o’clock in the afternoon, I was sitting at my desk in the private room of Zulueta & Co.’s office, 22, Moorgate Street, in the City of London, when a clerk came into the room to announce that a gentleman of the name of _Scoble_ wished to see me. “Do you know him? He says that he is not known to you.” Upon this I went out into the clerks’ office and found the individual, thus calling himself, standing outside the counter. I asked him his business, and he replied that _he did not call upon his own business_. He asked me, in a pointed and distinct manner, if my name was Pedro de Zulueta, which of course I instantly acknowledged. “_I do not call on my own business, but to introduce a person who wishes to speak with you. Shall he see you here, or at your house?_” “I should like to know first who he is; what is his name?” “_You do not know him, his name is Brown._” “I do not recollect any person of that name,” I replied. “_He is below, if you like to see him._” The first impression on my mind was that the whole was some ridiculous mystery about some great trifle, and I thought I could not dispose of it better or more quickly than by seeing the man, so suiting the action to the word, I said, “I will go and see who he is,” and opened the door which leads from the office into the landing-place at the top of the stairs. No sooner was I outside the door than the individual, calling himself _Scoble_, addressed me in a tone different from the insinuating manner in which he had done before--not rude, but solemn--“The fact is, Sir, that a true bill has been found by the Grand Jury against you for felony, and there is an officer below to take you into custody. I did not like to state this before the clerks.”
The first impression I received at hearing these words I cannot give any account of, but it certainly struck me as the whole thing being a trick. “What do you say, Sir?” I asked; and the assertion was repeated, adding that the charge was slave trading. Then I was still more confirmed that there was some trick in the case. I asked the policeman, who was within the house and apparently in the act of ascending the stairs, to be called up, which Mr. Scoble did, and both were shown by me into the private through the public office. My father was sitting in the next room, and when I tried to make him understand the case, seeing the policeman and Mr. Scoble, he received the same impression of the whole being a trick, which raised his indignation at the audacity, and made him address Mr. Scoble very angrily. Mr. Scoble was evidently anxious to leave the room; and the policeman, to whom he gave strict directions about what was to be done with me, having assured me that the thing was in earnest, that I must go with him, I opened the private door for Mr. Scoble, who left the office repeating his injunctions to the officer, that I must be taken directly to the station-house, where Sir George Stephen would immediately go.
We had never before heard Sir George Stephen’s name, and my father thought he might be a magistrate. He tried to ascertain from the policeman by whose authority he was acting, but we could not obtain from him any thing that we could understand. He waited until Mr. John Lawford, of the firm of Messrs. Lawford, of Drapers Hall, our solicitors, arrived, and then we proceeded to the Garlick Hill Police Station-house. There Sir George Stephen appeared: he did not know me, and asked which was Pedro de Zulueta. When my name was mentioned, I answered to it, and then he preferred the charge as will be found in the succeeding page.
Mr. Lawford spoke aside with Sir George Stephen, for the immediate and pressing question was the bail. Sir George expressed a firm determination _to resist bail to any amount_. Then the dreadful thought was, what was to become of my family, since it never has happened, that I have been absent without their being acquainted with all the circumstances; and I do not think I have slept one night out of my house while in town. The late hour made it quite unlikely that with opposition to the bail, and as counsel must be heard, that I could escape passing the night in Newgate. Mr. John Lawford, with the greatest kindness and feeling, expressed to me that such was his fear. My reply was, that they might do what they pleased with me, only that my wife should be seen to, for I was quite sure of the result of her hearing suddenly of such an occurrence, together with my not going home. Sir George coldly remarked, that “it must already be known at home, for he had sent there to take me, in case I had not been taken at the office.” The agony, which such a statement caused, was perceptible, and one of the officers in the room remarked, that I needed not apprehend any thing, as all the officers could do, would be to watch the house.
I was conveyed very late to the Court at the Old Bailey, where I sat until nearly nine o’clock in suspense as to what would be the result of the application for bail, and next whether the persons approved of could be found at so late an hour. It was not until late, that the former was granted; and after considerable difficulty, and the impossibility of finding one of the two bail offered, the other was accepted as sufficient by the Court, together with my own recognizance. I then went home at about half-past nine o’clock at night to my afflicted family in a condition, which, as I believe it unprecedented when all the circumstances of my case are considered, so I hope and trust may never fall again to the lot of any man who lives in that happy and undescribable feeling of habitual security, which in this country we so dearly value as the precious privilege and the certain possession of every man who has not contemplated and is not aware of a breach of the law. Thus will it have been reserved to me, in the British dominions, to experience this peculiar method of receiving a wound in the heart, which, although time and the sympathy which has been so kindly expressed may allay, I alone can know how unlikely it is that any lapse of time can altogether cure.
As I would not state a fact with any greater appearance of certainty than what I really possess, I ought to add, since I _now_ have seen the name of Mr. _John Scoble_ mentioned as that of the Secretary of the Anti-Slavery Society, that as I never saw before or have seen since, that I am aware of, _the Scoble_, who acted in this to me ever memorable occasion, I cannot tell whether they are both one and the same person.
_Extract from the Book kept at the Station-house on Garlick Hill, containing the Entries of Charges made on Wednesday, August 23, 1843._
Hour 3. 50.--PEDRO DE ZULUETA (32), 22, Moorgate Street, brought in by P. C.[14] 489, ---- Tye, charged by Sir George Stephen, 17, King’s Arms Yard, Coleman Street, with Felony (_Slave Trading_); also with Conspiracy, a true Bill having been found against him at the C. C. Court on both of the above charges.
(signature of person charging)
“GEORGE STEPHEN.”
[14] P. C. means Police Constable.
(_From the Anti-Slavery Reporter._) CENTRAL CRIMINAL COURT. WEDNESDAY, AUGUST 23, 1843. (Before the Recorder.) EXTRAORDINARY AFFAIR.
The Grand Jury having, in the course of the day, returned true bills against Pedro de Zulueta the younger, of the parish of St. Mary-le-Bow, merchant, Thomas Jennings, and Thomas Bernardos, late of the same place, mariners, for felony,
Mr. _Clarkson_ applied to his Lordship under, as he said, circumstances of a rather peculiar character. Two bills had been found against Mr. de Zulueta for felony and misdemeanor. He was a highly respectable merchant of the City of London, and he was charged with conspiring, with other persons, to fit out a ship for the purpose of trading in slaves. The proceedings before the Grand Jury were of course entirely _ex parte_, and no application had been made to any magistrate. The first intimation which Mr. de Zulueta had of the fact was his being taken into custody, and he knew nothing of the nature of the charge beyond what was entered in the police-sheet.
The _Recorder_ asked, was the defendant present?
Mr. _Clarkson_ said he was in custody, and was on his way to the Court.
The _Recorder_ asked, what was the application which Mr. Clarkson wished to make?
Mr. _Clarkson_ said he wanted the defendant to be allowed to give bail.
Sir _G. Stephen_, who, it appeared, was the solicitor for the prosecution, stated that the charge against Mr. Zulueta was founded upon the Act of the 5th of Geo. IV, which declared the offence imputed to the prisoner to be felony. In answer to the Court, he added that the charge was framed under that section of the Act which rendered the party convicted liable to the penalty of transportation for fourteen years.
The _Recorder_ said that if the learned counsel intended to enforce his application for bail, he apprehended that it would be incumbent upon him to show more reason for such a course than the mere statement that the party had been taken by surprise.
Mr. _Clarkson_ trusted that the circumstances he had stated would be considered sufficient by the Court. The fact of the defendant being so suddenly arrested and placed in confinement would cause the greatest distress to his family. He was prepared to put in bail to any amount.
The _Recorder_ inquired if there was any objection to bail being taken?
Sir _G. Stephen_ was understood to say, that in consequence of the circumstances of Mr. Zulueta, there was some doubt whether he ought to be admitted to bail.
Mr. _Clarkson_ assured the Court that Mr. de Zulueta had not the slightest indisposition to take his trial; but, on the contrary, he had the greatest anxiety to have the matter investigated. His only wish, in applying to be admitted to bail, was to prevent the misery and inconvenience to which his family would be subjected by his being prevented from returning to them. He especially wished to save the anxiety of the female branches.
The _Recorder_ suggested that the case should be dealt with in the ordinary manner, and that affidavits should be prepared in support of the application.
At this stage of the proceedings the prisoner entered the Court, in custody of an officer.
Mr. _Clarkson_, after some communication with Sir G. Stephen, addressed the Court, and said that he believed no objection would be offered to bail in the sum of 5,000_l._
The _Recorder_ said he thought that would be quite sufficient.
Mr. _Clarkson_ said the defendant would enter into his own recognizance in 3,000_l._, and give two sureties in 1,000_l._ each.
It was then arranged that this amount of bail should be put in upon the indictment for felony; and with regard to that for misdemeanor, the defendant should give his own recognizance in 100_l._, and two sureties in 50_l._ each.
The indictment was then read. It charged the prisoner and the two other persons with having feloniously equipped and employed a certain vessel, called the Augusta, for the purpose of trading in slaves. In other counts the parties were charged with equipping the vessel for the purchase of slaves, and for the purpose of purchasing persons to be dealt with as slaves.
Mr. de Zulueta pleaded not guilty to both indictments.
He then, in default of two sureties, entered into his own recognizance in 6,000_l._, and one surety in 2,000_l._, to appear when called on.
INDICTMENT FOR FELONY.
THE QUEEN, } _v._ } ZULUETA & OTHERS. }
CENTRAL CRIMINAL COURT
~To wit.~--The jurors for Our Lady the Queen, upon their oath present that PEDRO DE ZULUETA the younger, late of the parish of Saint Mary-le-Bow, in the City of London, merchant and commission agent; THOMAS JENNINGS, late of the same place, mariner; and THOMAS BERNARDOS, late of the same place, mariner, heretofore and after the 1st day of January, in the year of the reign of our Lord 1825, to wit, on the 1st day of November, in the 4th year of the reign of Our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did illegally and feloniously _man, navigate, equip, dispatch, use, and employ a certain ship or vessel_, to wit, a ship or vessel called the “Augusta,” in order to accomplish a certain object, which in and by a certain Act of Parliament, made and passed in the 5th year of the reign of his late Majesty King George the Fourth, intituled “An Act to amend and consolidate the laws relating to the Abolition of the Slave Trade,” was and is declared unlawful, that is to say, _to deal and trade in slaves_, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;
2. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, after the 1st day of January, in the year of our Lord 1825, to wit, on the 1st day of November, in the 4th year of the reign of Our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did illegally and feloniously, and against the form of the statute in such case made and provided, _fit out, man, navigate, equip, dispatch, use, and employ a certain ship or vessel_, called the “Augusta,” in order to accomplish a certain object, which in and by a certain Act of Parliament made and passed in the 5th year of the reign of his late Majesty King George the Fourth, intituled “An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade,” was and is declared unlawful, that is to say, _to purchase slaves_, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;
3. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, after the 1st day of January, in the year of our Lord 1825, to wit, on the 1st day of November, in the 4th year of the reign of Our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did illegally and feloniously, and against the form of the statute in such case made and provided, _fit out, man, navigate, equip, dispatch, use, and employ a certain ship or vessel_, called the “Augusta,” in order to accomplish a certain object, which in and by a certain Act of Parliament made and passed in the 5th year of the reign of his late Majesty King George the Fourth, intituled “An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade,” was and is declared unlawful, that is to say, _to deal and trade in persons intended to be dealt with as slaves_, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;
4. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, after the 1st day of January, in the year of our Lord 1825, to wit, on the 1st day of November, in the 4th year of the reign of Our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did illegally and feloniously, and against the form of the statute in such case made and provided, _fit out, man, navigate, equip, dispatch, use, and employ a certain ship or vessel_, called the “Augusta,” in order to accomplish a certain object, which in and by a certain Act of Parliament made and passed in the 5th year of the reign of his late Majesty King George the Fourth, intituled “An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade,” was and is declared unlawful, that is to say, _to purchase persons intended to be dealt with as slaves_, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;
5. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, heretofore and after the 1st day of January, in the year of our Lord 1825, to wit, on the 10th day of November, in the 4th year of the reign of our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did illegally and feloniously, and against the form of the statute in such case made and provided, _ship on board a certain ship or vessel_, called the “Augusta,” _divers goods and effects_, to wit, 29 hogsheads of tobacco, 6 cases of arms, 1 case of looking-glasses, 10 casks of copper ware, 134 bales of merchandise, 1,600 iron pots, and 2,370 kegs of gunpowder, to be employed in accomplishing a certain object which was in and by a certain Act of Parliament, made and passed in the 5th year of the reign of his late Majesty King George the 4th, intituled, “An Act to amend and consolidate the laws relating to the Abolition of the Slave Trade,” declared unlawful, that is to say, _to trade and deal in slaves_, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;
6. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta, Thomas Jennings, and Thomas Bernardos, heretofore and after the 1st day of January in the year of our Lord 1825, to wit, on the 10th day of November, in the 4th year of the reign of Our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did illegally and feloniously, and against the form of the statute in such case made and provided, _ship on board of a certain ship or vessel_, to wit, a ship or vessel called the “Augusta,” _divers goods and effects_, to wit, 29 hogsheads of tobacco, 60 cases of arms, 1 case of looking-glasses, 10 casks of copper ware, 134 bales of merchandise, 1,600 iron pots, and 2,370 kegs of gunpowder, to be employed in accomplishing a certain object, which was and is in and by the said last mentioned Act of Parliament declared unlawful, that is to say, _to purchase slaves_, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;
7. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, heretofore and after the 1st day of January, in the year of our Lord 1825, to wit, on the 10th day of November, in the 4th year of the reign of Our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did illegally and feloniously, and against the form of the statute in such case made and provided, _ship on board a certain ship or vessel_, to wit, a ship or vessel called the “Augusta,” _divers goods and effects_, to wit, 29 hogsheads of tobacco, 60 cases of arms, 1 case of looking-glasses, 10 casks of copper ware, 134 bales of merchandise, 1,600 iron pots, and 2,370 kegs of gunpowder, to be employed in accomplishing a certain object, which was and is in and by the said last mentioned Act of Parliament declared unlawful, that is to say, _to deal and trade in persons intended to be dealt with as slaves_, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;
8. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, heretofore and after the 1st day of January, in the year of our Lord 1825, to wit, on the 10th day of November, in the 4th year of the reign of our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did illegally and feloniously, and against the form of the statute in such case made and provided, _ship on board of a certain ship or vessel_, to wit, a ship or vessel called the “Augusta,” _divers goods and effects_, to wit, 29 hogsheads of tobacco, 60 cases of arms, 1 case of looking-glasses, 10 casks of copper ware, 134 bales of merchandise, 1,600 iron pots, and 2,370 kegs of gunpowder, to be employed in accomplishing a certain object, which was and is in and by the said last mentioned Act of Parliament declared unlawful, that is to say, _to purchase persons intended to be dealt with as slaves_, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity.
INDICTMENT FOR CONSPIRACY.
THE QUEEN } _v._ } ZULUETA & OTHERS. }
CENTRAL CRIMINAL COURT
~To wit.~--The jurors for our Lady the Queen, upon their oath, present that PEDRO DE ZULUETA the younger, late of the parish of St. Mary-le-Bow, in the City of London, merchant and commission agent; THOMAS JENNINGS, late of the same place, mariner; and THOMAS BERNARDOS late of the same place, mariner, heretofore and after the 1st day of January, in the year of our Lord 1825, to wit, on the 1st day of November, in the 4th year of the reign of Our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, _did covinously conspire, combine, confederate, and agree together illegally and feloniously_, and against the form of the statute in such case made and provided, _to fit out, man, navigate, equip, dispatch, use, and employ a certain ship or vessel_, to wit, a ship or vessel called the “Augusta,” in order to accomplish a certain object, which in and by a certain Act of Parliament, made and passed in the 5th year of the reign of his late Majesty King George the Fourth, intituled “An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade,” was and is declared unlawful, that is to say, _to deal and trade in slaves_, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;
2. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, after the 1st day of January, in the year of our Lord 1825, to wit, on the 1st day of November, in the 4th year of the reign of Our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, _did conspire, combine, confederate, and agree together illegally and feloniously_, and against the form of the statute in such case made and provided, _to fit out, man, navigate, equip, dispatch, use, and employ a certain ship or vessel_, called the “Augusta,” in order to accomplish a certain object, which in and by a certain Act of Parliament, made and passed in the 5th year of the reign of his late Majesty King George the Fourth, intituled “An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade,” was and is declared unlawful, that is to say, _to purchase slaves_, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;