THE ARIADNE-CASE.

Auckland Star, Volume XXXII, Issue 257, 8 November 1901, Page 6

THE ARIADNE-CASE.

ACCUSED BEFORE THE

COOHT.

SENSATIONAL DEVELOPMENTS

CONFESSION OF. CAPTAIN

jiU^FO^O.

(Special to the •'Star.")

CIIIiISTC-HullCH, October 31.

The hearing of cases in connection with the wreck of the yacht Ariadne at the mouth of the Waitaki Kiver on the 24th March commenced to-day. Thomas Caradoc Kerry (owner), Eric Hussey Freke (seaman), "nd George Mumford (master) of the Ariadne were charged with casting the vessel'away and conspiring to defraud the underwriters. Dr. Mc~ Arthur was the presiding Magistrate. Mr M. Myers, of Wellington, and Mr Stringer, Crown Prosecutor of Christchurch, prosecuted. Mr Beswick, of Christchureh, appeared for Mumford. and Messrs Hanlon, of Dunedin, and \Y. J. Napier, of Auckland, for Kerry and Freke. Commissioner Tunbridge was also present.

EVIDENCE OF LLOYD'S AGENT

Captain Stuart Willis, Lloyd's representative, deposed that the Ariadne, before wreck, was worth about five thousand pounds at. a liberal valuation. He did not think 'that currents would cause the discrepancy between the yacht's position gaud the position 'she would -have reached if the intended course were followed. From information received witness, went to Dunedin on the 28th May and saw Mumford. He asked him was it not better to be honest and tell the whole truth rather than stick to Kerry, who after getting him to risk the lives of himself and others left him in the lurch, ilkimford at first declined to say whether he wrecked the yacht. Afterwards he said: "I will come and tell you to-morrow morning. lam

disp-usted with Kerry."

Capt. Willis handed in ,a document which lie deposed was a press copy of a written statement made by George Mumford, in consideration of £400 paid him by witness. The document, which was read in Court, was in effect the same as the verbal admassions already published, which Aiumford had made to the witness. It ran as follows: —■

Dunedin, May 30, 1901

"The following is a statement of the facts concerning' the loss oE the yacht Ariadne on the coast of. NewZealand on the night of Sunday, March 24, 190.1, und I, the undersigned. George Mumford, late master of the Ariadne, do declare the same to be true in every particular. I first met Kerry through a, man called Olsen. and went to work on board the yacht Ariadne at Kerry's request in Sydney harbour about the Ist of February! 1901. After working some days on board Kerry asked me if 1 wanted to make money, and gradually broached the subject of wrecking' the yacht. As 1 was at the time very hard up for money J eventually agreed to do so. For doing1 this I was to receive £12 a month, When she was wrecked I was to be given £200 when the job was done, and £200 more when Kerry received the insurance money from the underwriters. I agreed to this arrangement, and eventually wrecked the yacht on the Waitaki beach, it was originally intended to wreck the vessel on the west coast, but I could not do so, as we lost our life boat on the passage over.. This boat had been got ready by me during the passage, and everything necessary put into her. The idea was that after I had made a total wreck of the Ariadne (and it was agreed that it must be a total loss), I was to go home to England, and he was to find the means of getting me a yachting certificate if ray certificate was suspended. Kerry was then going to get hold of another yacht of much more value, insure her heavily, and I was to take her out and wreck her in the Magellan Straits, and was to get £1000 down as security, and a much larger sum if I made a total loss of her. The reason why the Ariadne was to be wrecked on the coast of New Zealand was because the insurance policy was nearly expired, and there was not sufficient time to get away to any more out of the way place. All the yards of the Ariaclne were left in Sydney, and I sent all my ulothes and valuables on shore, not wishing to lose them. I have witnesses to prove this, and also witnesses who overheard a great portion of the arrangement made between myself and Kerry. Young E. J. Freke was present with Kerry when our arrangements were made, but he is a confidential friend of Kerry's, and is not likely to divulge anything.—Geo. Mumford. 30/5/01.'^

No one had been present except witness whilst Mumford wrote his statement, but Mumford's signature was witnessed by aMr Smith. The statement afterwards made by Mumford before a notary public was practically an extension of the above.

j Cross-examined by Mr Napier, Capj tain Willis said he represented the people with whom, the yacht was insured for £10,000 ulitmately. He was not aware that it was a practice with Lloyds to inspect ships before taking risks over them, although he believed that it was a common practice. He did not know if a valuation had been made with regard to the Ariadne. It was quite probable that Lloyds would insure the vessel without survey or inspection. If certain well-known men brought in the cover notes the insurance could only be effected. He believed that a broker had inspected the vessel after she went ashore, as also had Mr Ferrier, though witness was not. aware that the latter had made a valuation. The information which had resulted in. witness going to Dunedin to see Mumford was that Mumford was very hard up, and that he had expressed himself as dissatisfied with the way Kerry had treated him. Not until a short time ago.» after the informations were issued, did witness know that T\er-y hod issued o writ claiming the insurance money. He knew, however, before, he went to

Dunedin that the insurance money had not been paid over. Mr Denniston and he had carte blanche from Lloyds to follow the matter out and spend money if necessary, but he had not received specific instructions to bribe Mumford, and it was after the latter had made his verbal confession that there was any talk of reward. When witness asked Mumford to tell the whole truth he .believed that Mumford's evidence before the enquiry was false, and witness still so believed. He would not have paid £400 to Mumford had he not known of other suspicious circumstances. Regarding the amount paid for his statement, Mumford considered that he ought to be paid the same amount as lie was to receive from Kerry. The first instalment of £ 100 was paid to Mumford on May 30th at Dunedin. He did not think it necessary to have any writing1 connecting Kerry with the wreck, relying oil,' Kerry's previous career, and the suspicious nature of the wreck, and the fact that the ship was over-insured. He had paid Mumford the second instalment of £150 sometime in June, and the last instalment in July. Mumford had not told witness Ibat the only writing- he h:i'.l of Kerry's was one by which he was to receive £12 per month. kt the time Mumford made his first confession to witness he told him that his wages were £12 per month. Witness had not suggested the payment of a reward to Mumford for his information. It had not occurred to him to have a witness present whilst Mumford was writing his statement. He had not suggested anything in the statement either before or after Mumford took up his pen, and he had not spoken to him whilst he wrote it. The statement was not read over to the witness to Mumford's signature, and the statement was covered over with a newspaper while Mr Smith witnessed Mr Mumford's signature. Several times before paying the third instalment of the £400 witness had asked Mumford if lie had no writing connecting Kerry with the wreck. Mumford had said" that he had a document, an agreement to wreck the Ariadne, but had unfortunately lost it. Afterwards Mumford Wind it. The writing of the body of the agreement was in^Mumford's handwriting. Mr Napier: Did you ask Mumford if there was more than one document? Witness: No. Mr Napier: Did he say there was? Witness: No. Mr Napier: Then you did not ask him if he had signed it?

Witness: No

Witness, continuing, stated that he bad visited Mumford three times since he went to gaol. Witness was strongly interested in the result of the present proceedings ou behalf of his principals. Re-examined by Mr Stringer witness said the suspicions circumstance connected with Kerry was that he had learnt that ho was borrowing small sums of money, also the fact that there were hardly any provisions on board the yacht, and the cupboard and lockers generally used for carrying plate and china and general fittings of a yacht of that description' were also empty. He also knew when the first attempt was made to insui-e the vessel for £20.000.

Mr Napier objected that tins. was not admissible.

Witness, continuing-, stated that the navigation of the yacht as described by the master at the inquiry was distinctly suspicious, as there was no necessity for -a vessel bound for Dunedin being in dangerous proximity to that portion of the coast. Arthur Henry Bosworth, clerk in the Bank of New Zealand, stated that for twenty years he had been till clerk and ledger-keeper, and his experience in examining- signatures was pretty considerable. lie considered that the signatures "T. C. Kerry" on several different exhibits were* written by one and the same person. Kerry's signature in his depositions at the nautical inquiry differed from the other signature, but this was due to the fact that he had evidently written in a cramped position. He had not the slightest doubt that the signature "E. J. Freke" on one exhibit was written by the same person who wrote the same signature of the dejxisition at the nautical inquiry.

Mr Hanlon submitted a copy of the agreement between Kerry and Mumford, with the exception that it did not contain Mumford's name or the following words: "And a further sum of £400 if the vessel be totally wrecked." The witness considered it was a copy of the agreement put in with the exceptions named.

Percy Attwoocl. able seaman, stated that he had been a member of the crew of the yacht Ariadne. He joined her on February 22 of this year at Sydney, and was engagexl by Kerry. He did not know when she was to sail. The ship left Sydney on February 15. He was on board the whole of the time, except about two hours, when he went ashore for his clothes. He did not remember the lifeboat being taken to Circular Quay with any cargo. mSihtneog m Quay with any cargo. Something was taken to a jetty, he should judge, about two miles past Circular Quay towards Miner's Point, about eight o'clock on the night of February 24. The load consisted of trunks, whisky eases, bags, and other small parcels, about 14 to 16 all told. He did not know what they contained, but two trunks he handled were very heavy, indeed; one being about as much as he eouM carry. The articles were put into what was apparently a bathing-house. Besides himself, there were in the boat seven men, named Kachnit:'ski,Wynri, Wacksmith, Harding, Kerry, Freke, and, he believed, a Mr Wragge. Five men would have been sufficient to manage the boat, four pulling and one steering. Kerry gave his orders to Harding, the boatswain, and he passed them on to the crew. A man, who seemed to be in charge of the shed, received the cargo. Witness heard him tell Kerry that he would have to take everything- away first thing in the morning, as they would interfere with his business. Kerry said he would do so. After discharging cargo all returned to the ship except Kerry, who came aboard for a short time before they left next day. On the voyage across he noticed that the lifeboat was fitted up to the minutest detail, about, a fortnight

after they sailed, and thought it peculiar. The work was done by the starboard watch, in which witness was, but he did not assist. He did not hear orders given. Oars, masts, sails, rudder, and . waterbreakers were put on board the boat, but he could not say whether there were any provisions. The other boats were left alone. The weather was fine when the lifeboat was fitted out, and there was no land in sight. Thej' sighted the New Zealand coast about £hree days later, when Cape Farewell was in sight. There was a heavy sea on, and the boat was washed out of the davits. Freke came over in the yacht, but his position was a mystery. He acted as steward, and took watch on deck. He had his meals in the cabin with the captain and mate, and at the latter end of the voyage with Harding. Witness had been at sea since 1877. The Ariadne was very ill-found and short of provisions.

Gross-examined by Mr Hanlon: Kachnitzski and Wacksmith were not very particular friends of: his. In Oamaru he, Harding, Wynd, Kachnitzski, and Wacksmith lived together. All these, with the exception of Harding, gave evidence at the inquiry, complaining of the way in which the ship had been navigated. He and the other three who were not English, did not concoct a story to give at the inquiry. They were frequently, but not constantly, togethu er. He had never received, nor been promised, any money for his evidence here or at the inquiry from Lloyd's. He was approached last Monday week, October 21, with regard to giving evidence in the present case. After he and his mates had been at sea in the Ariadne some days thejr became disgusted at the food, bad navigation, and want of discipline. Some of the sails were carried away, and the witness was blamed by the captain. The captain told witness that he and his friends were attempting to run the ship by themselves, and that "if they wanted any fun they could have it as soon as they liked." He remembered the night when the mainsail split, and he was called on deck. He did say that "the whole lot could go." It was true that he stood by and enjoyed it. He saw the lifeboat being equipped, but saw no provisions being put in. Provisions could be packed ready to be put in a boat at a moment's notice, and the boat was fully equipped without provisions aboard.

To Mr Miles: He was approached about giving his evidence by Mr Denniston, Lloyd's agent. He made a verbal statement to him on October 21. He made a written statement before Commissioner Tunbridge.

Prank Kochmtzkie, able seaman, deposed that he joined the Ariadne a few days before she left Sydney. He remembered a number of trunks, bags and packages being landed from the yacht the night before sailing, under Kerry's supervision. When nearing" the New Zealand coast he saw the lifeboat being got ready. Witness, on the night the vessel was wrecked, saw breakers ahead on coming on deck at 8 o'clock. The vessel was then heading for the shore, which was between half a mile and a mile away. Witness called loudlj' to the captain,"You are putting her ashore.7' No answer was received, and nothing was done. About five minutes late? the vessel struck close in shore. The yacht was heading for the shore all the time after four o'clock.

Witness was cross-examined by Mr. Napier at considerable length with reference to the packages landed at Sydney. He said the bags contained something soft, but he could not say whether it was only soiled linen. He had not heard Kerry say the trunks, boxes and bags were his luggage, which he was landing because he was not going to New Zealand. No provisions were put aboard the lifeboat during the voyage. He was wrong in saying the vessel was heading for the shore all the time from four o'clock till the wreck. The vessel was tacking all the afternoon.

Hermann Wind, able seaman, deposed that he joined the Ariadne on February 23rd. The day before the vessel left Sydney witness went to ask leave to go ashore. Mumford and Kerry were standing' by the ship's rail. Witness heard Kerry say: "Do you remember our agreement. £400 for you if you make this right; but for God's sake don't make a mess of it. Pile her up somewhere; do anything to get rid of her. T have paid that much insurance.'-" The followed something witness could not understand. Finally Kerry added: "I've got your word for it." Witness did not hear Mumford's answer. Mumford turned round and saw witness, and asked what he wanted, and hearing- his request, said: "I can't give you leave; you had better go to Mr Kerry." The latter refused to give leave. Witness saw Kerry go ashore that evening in the lifeboat, which contained trunks, bags, and small parcels. The lifeboat was fitted out during the voyage, but was lost in a storm.

To Mr Hanlon: Witness was dissatisfied on the voyage. The cooking was bad and food scarce. He had a row with the captain about it. The latter • was abusive -and offered to fight witness and tried to hit him. During^ the nautical enquiry witness stayed'at the same boardinghouse as Attwood, Kochmitzki and Wachsruith. They had never talked about the wreck. Witness sawr a lavvyer before giving evidence at the enquiry. Attwood and Kochmitzki went with him.

Mr Hanlon: Did you at the nautical enquiry say one single woul about the conversation between Kerry and Mumford.

Witness: I did not

To Mr Myers: .Vitness said nothing at the nautical enquiry about the Kerry-Mumford conversation because he did not know it was connected with the wreck of the yacht.

Claude Ferrier, nautical surveyor, deposed that at the request of Lloyd's Dunedin agent, he inspected the wreck on March 29th. The vessel was badly found. There were very little provisions aboard. She was ill fitted for a yacht of her class. Some of the fittings seemed to have been taken out. The sails were in bad order. He asked the captain where was the chart used on the coast. Mumford replied that the chart was burned by a lamp falling. He pointed to a place in the drawing-room where a cushion and

portion of the panelling had beer, burned. It was not usual to use the chart in the drawing room. Witnesr. had the lockers broken open. They

contained next to nothing. In such, a yacht lie would certainly expect to find plate and dinner service, an the lockers. ~ To Mr Napier: So far as witness could "see nothing- had been taken away whilst the vessel was ashore, Mary Beck, wife of William F. Beck, Fort-street, Sydney, deposed that Kerry rented a room for a month prior to the wreck of the Ariadne. Kerry said he would like to come as soon as possible, as He had a lot of o-ear. Witness asked whether it was off the ship, and Kerry replied yes. He came next day with a lorry load of goods, comprising boxes, two cases of whisky, trunks, a valise, and canvas bags. Witness heard of the wreck of the Ariadne and asked Kerry whether the yacht was his. Kerry asked how she knew. Witness replied that he husband was a compositor and set up news in the Sydney "Herald" office. Kerry then said the yacht was his, and the loss was verj serious. He left on Saturday following, taking all the goods except the. whisky, a barometer, and the lamps! He also took away some rifles, explaining tc< witness that they were always carried on board ship. The canvas bags were very heavy, as also" the boxes. Witness remarked that he seemed to have a lot of gear, and Kerry replied that there were tons of it in other parts of the city.

All of the accused were committed for trial.

Detective Gould, of New South Wales, who deposed that on October Bth, between 7 and 8 p.m., he arrested Kerry and Freke, who lodged in the same house and slept in the same room, No. 62, Upper Fort-street. Witness had taken possession of a number of articles in the room, amongst them being a book (produced) which he found in a trunk, which Kerry said was his. On pages 67 and 68 there was an account of some monetary transactions between Kerry and Mumford. He also found in the same trunk a letter (produced) and receipts for post office orders of £25 to Mumford, and Kerry and Freke admitted that they had sent the money. This closed the case for the prosecution.

Mr Napier asked His Worship if he considered there was a prima facie ease, and referred to the tainted nature of some of the evidence.

His Worship said he recognised that the evidence was of an unwholesome character, but he felt that he would not be doing his duty if he did not refer it to a higher court. The accused were accordingly committed for trial, the defence being reserved.

Two other informations, coincident with the three main charges, were withdrawn by the Crown. These were a charge against Kerry of counselling and procuring Mumford and JTreke to be parties to the casting away if the Ariadne, and a charge against Mumford and Freke of having cast away that vessel.

His Worship fixed Kerry's bail, himself in £250, and one surety of i-!.' 50; Mumford, self in .E250, -md one Surety of £250; and Freke, self in £S2OO, and one surety of £200.