Main, should arrive before the return of the said mandamus to his majesty in his court of King's-bench; and that on Friday, the sixteenth day of August last, this Court directed the said mandamus and the examinations of the witnesses to be returned and closed: and also, that the said C. A. Hayes, did on Saturday, the twenty-fourth day of August last, inform this Court that he had other witnesses to examine on the part of the prosecution, and requested that this day might be appointed for that purpose: and he, the said Mr. Attorney-general, having attended accordingly, on the part of the defendant, and the said C. A. Hayes not attending, nor any of the said witnesses: It is ordered, that unless the said witnesses be produced in this court on Friday, the seventh day of September instant, at ten o'clock in the forenoon, to be examined, the examinations and other matters, as well on the part of the Prosecution as of the Defendant, shall and will be peremptorily and finally closed, unless cause shall be shown to the contrary at this present court.

The Court then directed immediate service of the above rule Nisi on Mr. Hayes. After waiting_some time, the Court adjourned unto Friday, the sixth day of September instant, at ten of the clock in the forenoon.

GEORGE KNOx Clerk of the Court.

At a court holden pursuant to adjournment, at the Council-chamber in Government-house, at Port of Spain in the Island of Trinidad, on Friday the sixth day of September, in the Forty-fifth year, &c., [as before.]

Present

His Excellency the Lieutenant Governor.

Proclamation being duly made, and Mr. Hayes not attending, the deputy provost marshal, Frederick Brown, esq. was called on by the Court to prove the service of the said rule Nisi; and he having proved the service of the said rule on Mr. Hayes on the said fifth day of September instant, and the said rule Nisi being read; Mr. Attorney-general, on the part of the defendant, moved, that the said rule be made absolute, upon which his Excellency said,

"In consequence of the request of Mr. Hayes, on the part of the prosecution, I perhaps extended the powers vested in me by the mandamus, and after this court had been adjourned sine die, allowed him yesterday the opportunity he requested of producing fresh testimony in this prosecution. It was a matter of favour, as no affidavit whatever was offered on the part of the prosecution as to the necessity

of another meeting of this court, and I was left entirely ignorant of the names of the witnesses to be produced. A court was held yesterday, and neither Mr. Hayes nor any witnesses attended; and on the motion of Mr. Attorney-general, the rule Nisi was granted by me, and the same was duly served on Mr. Hayes. I have now waited upwards of an hour for Mr. Hayes to produce his witnesses, or to show cause against the rule Nisi, and neither they nor he have attended, nor has he given any intimation to the Court that it was not in his or their power so to do. When I consider that the first court for the examination of the witnesses respecting this prosecution was held on Thursday, the sixth day of December last, and that it was then settled that the witnesses on the behalf of the prosecution should be produced and examined prior to those on behalf of the defendant, and that the period from the twelfth day of January unto the third day of May was occupied in the examination of the witnesses on the part of the prosecution, and that on that day Mr. Hayes gave notice to this court, that the evidence on the part of the prosecution, with the exception of Flores, who is still on the Spanish Main, was concluded; and that during that period, every possible indulgence and delay were allowed to Mr. Hayes and the witnesses he produced; and that on the said third day of May, Mr. Attorney-general commenced the examination of the witnesses on the part of the defendant, and that in those examinations no new matter has been introduced, he having confined the evidence on the part of the defendant, to the legality and subject matter of the proceedings had against Luisa Calderon, her age, the character of the defendant, and that of the witnesses produced against him, and the state of this island at the time of its conquest; and as the defendant must have materially suffered by the great length of time during which the mandamus has remained here, and as there will be to-morrow or the next day a most desirable opportunity of sending it home;

"When I consider these circumstances, I cannot but think that Mr. Hayes is trifling with this court, and seeks to procrastinate the trial of the cause in his majesty's court of King's-bench. I do therefore order that the examinations of the witnesses, and other matters relating to this prosecution be peremptorily and finally closed, andthat this Court stand adjourned, sine die."

By the COURT.

T. HISLOP, Lieutenant Governor of theIsland of Trinidad. GEORGE KNOX Clerk of the Court.

Annexed to the preceding Document were the following Exhibits marked A to K. EXHIBIT A.

[Vide antè p. 234.]

TRINIDAD.

THE KING,

On the Prosecution of Luisa Calderon,

against

THOMAS PICTON, Esquire.

Notice is hereby given, that, on Thursday, the sixth day of December next, at ten o'clock in the forenoon, a Court of Session will be held at the Council Chamber in Government-house, for the examination of witnesses, and the receiving other proofs concerning the matters charged in the aforesaid indictment. By Order of the COURT.

GEO. KNOX, Clerk of the Court, and Assessor pro tempore to his Excellency.

TRINIDAD.

EL REY,

En la Procecuion de Luisa Calderon,

contra

THOMAS PICTON, Escudero,

Por este se avisa al publico, que el Jueves, seis de Decembre proximo venidero a las dies de la maenanarhabra Corte de Cession que se tendra en la Casa de Govierno, en la Sala del Consejo "Para al examen de testigos y receivr otras pruevas relativas a los puntos de que sele hace cargo en la antedicha accusacion."

Par Mandado de la CORTE. (Firmado) GEO. KNOX, Secretario de la Corte, y Assessor pro tempore de S. Ex.

Diego Meany

Iterp". de Gob".

TRINITE.

LE ROY,

Dans la pursuite de Luisa Calderon,

contre

THOMAS PICTON, Ecuyer.

Par ces presentes le public est averti que Jeudi, six Decembre prochain, à dix heures du matin, il aura Cour de Session, qui se rendra à l'Hotel du Gouvernement, en la Salle du Consel, pour audition de temoins et recevoir les autres preuves relatives aux objets dont il est chargé dans la dite accusation.

Par ordre de la COUR.
(Signé)

GEO. KNOX, Griffeur de la Cour,
et Assesseur pro tempore de

S. Ex. JAQUES MEANEY. Interprete de Gouv'.

EXHIBIT B.

[Vide antè p. 236.] TITLE.

In the Year 1801.

CRIMINAL CAUSE relative to the Theft of Two Thousand hard Dollars from Pedro Ruiz.

Before the Judge of first appointment or Senior Justice.

Notary.-CASTRO.

[Act of Process.]-In the Port of Spain in the windward Island of Trinidad, on the twenty-second day of the month of December, in the year one thousand eight hundred and one, his honour D. Hilario de Begorrat, common or ordinary judge by first appointment thereof, declared; That whereas on the seventh day of the present month, between six and seven o'clock in the evening, Pedro Ruiz appeared in the court of the government, complaining of having that instant been robbed of two thousand hard dollars in specie, the lock of one of his trunks having been broke open, which trunk was deposited in the middle room of three apartments, held or possessed by him, near the marine and government parade or square, and having, to effect the same forced away one of the planks of the side of the house towards the sea; in consequence of which, his excellency gave orders to secure the persons of Luisa Calderon and her mother Ma. Calderon, domestics of the said Ruiz, and also Carlos Gonzalez, and Pedro Jph. Perez, partner of the said Rniz; which cause his excellency has transmitted to his honour the judge for the adjudication and termination of the same; accordingly, he pronounced that he ought to give orders, and did give orders, to proceed to the summary examination of the witnesses that may be obtained; also of such persons who may know any thing relative to the cause in question, and especially the nearest neighbours to the said house; and when accomplished in due and proper form, the said examinations to be filed, that decision may take place thereon conformable to justice. And whereas, by virtue hereof, his honour thus pronounced and ordered; he also signed these presents, all which I, the under-written notary, attest.

(Signed) HIL. DE BEGORRAT, Royal Notary Public to the Government.

Before me Francisco de Castro. [Deposition of Theresa Alen.]-Whereupon immediately afterwards the ordinary judge or senior justice, ordered Theresa Alen to appear personally before him in court, said Theresa Alen being a

with her, also with Hilario Arnaud and Honore Birot, who neither saw Carlos or Luisa; but that immediately after the robbery, the said Arnaud acquainted the deponent, that he had seen Carlos Gonzalez pass by towards the house-passage of Pedro Ruiz, and that he stopt there a considerable time, and that he afterwards saw him come out, and saw said Carlos go towards his own home; and that this is the whole within his knowledge, and all that he can depose with respect to the interrogatories put to him; that the same is the truth on the oath which he has taken, and he ratified and confirmed the same, and in case of need, will depose the same at a future time, and that he is forty-two years old; the aforegoing was then read to him, and he declared that the same was truly expressed, that he could neither add or diminish therefrom, and he did not sign these presents, by reason of his declaring that he could not write, but the interpreter did, together with his honor, which I

[Deposition of the black woman, Jpha, Ma.-Immediately afterwards his honor ordered personally to appear Josefa Maria the slave of Dr. Isabella Dragan of this place, to whom, by means of an interpreter, and in the presence of me the notary, his honour administered the oath in due form, on God our Lord, and on the Sign of the Cross, and thereon she promised to depose the truth to the best of her knowledge with respect to whatever she might be interrogated; and the contents of the act at the beginning, having been read over to her, and the other circumstances also being mentioned, she deposed-That on the seventh day of the present month, at about half past six o'clock in the evening, she saw Carlos Gonzalez come from the quay, and on his getting as far as the Quatro Esquinas (four corners), where Don Antonia Teston lives, he went up the upper street, and at about the middle of the said street he turned back again, and stopt at the street-door of Florian Joctis, with his arms folded; and that a few moments after, there passed by Luisa Calderon, the house-keeper of Pedro Ruiz, when immediately Carlos followed her; but she did not see whether or not he entered the house of the aforesaid; and that this is the whole within her knowledge and that she is able to depose with respect to the interrogatories put to her; and that the same is

the truth on her aforesaid oath, and that she is of full age, being twenty-five years old. The aforegoing was then read to her, and she declared the same to be truly expressed, having nothing to add thereto, neither could she diminish therefrom, and she did not sign these presents, as she could not write: his honor signed hereto, which I attest.

(Signed)

BEGORRAT.

JUAN BERMUDes, Interpreter.

Before me FRANCISCO DE CASTRO. [Deposition of the negro Topen.]In continuation, his honor ordered personally to appear before him in court the negro Topen, a slave of Don John Smith, to whom was administered the oath, in due form, on God our Lord, and on a sign of the Cross; and thereon having promised to depose the truth to the best of his knowledge, with respect to whatever he might be interrogated, he was then questioned relative to the contents of the aforegoing act. And he deposed, That on the seventh day of the present month, immediately after the gun being fired, he saw the mulatto, Carlos Gonzales, making water close to the place where the robbery of Pedro Ruiz was committed, on that same day; and that, after he had done making water, he saw the said Carlos enter the house passage of Ruiz, and did not see him come out afterwards; and that this is the whole within his knowledge and that he is able to depose in reply to the questions put to him; and that the same is the truth, on his aforesaid oath; and he confirms and ratifies the same, and in case of need will repeat it at a future time; also, that he is twenty-five years old, a little more or less; And he did not sign these presents, declaring that he could not write. The same was signed by his honour, as also by the interpreter, which I attest. (Signed)

BEGORRAT.

CARLOS A TELLINEAU,
Interpreter.

Before me FRANCISCO DE CASTRO.

[Deposition of Joseph Arnaud.]-In continuation, Joseph Arnaud having been summoned, to whom his honor, by means of an interpreter, and in the presence of me, the notary, administered the oath, which was accepted in due form on God our Lord, and on a sign of the Cross; and thereon he promised to depose the truth to the best of his knowledge, with respect to whatever he might be interrogated; and accordingly, on his being questioned relative to the tenor of what is expressed in the deposition of Cyprian Villa Nueba, he deposed-That the said citation is true, which was read