The ARIADNE CASE

Auckland Star, Volume XXXIII, Issue 6, 8 January 1902, Page 2

The ARIADNE CASE

CHANGE OF TAMPERING WITH A WITF4£S3.

SENSATIONAL EVIDENCE.

DETECTIVES OVERHEAR A COX-

VERSATION,

DISCOVERED BY MUMFORD,

(By Telegraph.—Own Correspondent.)

CHEISTCHUECH, this day.

The Magisterial investigation into the charge of tampering with a Crown witness preferred against Geo. Mumford, one of the three accused in the Ariadne wrecking case, took place before Mr H. W. Bishop, S.M., to-day. The charge against Mumford was that on January 4th, 1902, at Christchurch, he attempted to dissuade Annie Downing by a bribe or other corrupt means, from giving evidence in a certain criminal

cause, viz., the prosecution of Thomas Caradoc Kerry, Eric John Hussey Freke, and George Mumford, upon a charge of having cast away the yacht Ariadne. Mr T. W. Stringer, of Christchurch, and Mr Myers, of Welling-ton, appeared for the

Crown. Mr Harper asked for a remand in order to give him time to look into the matter more fully. Mr Stranger objected, and the Magistrate declined to grant the application.

Annie Adeline Elizabeth Downing stated that she was the wife of Alfred Downing-, residing in Waterloo, a suburb of Sydney. She .was a witness bound over to give evidence against Mumford and others at the next criminal session. She knew the accused in Sydney. On the 31st December she received a card, bearing the name, "Mr George Mumford," and on the back was written "Oxford Hotel, 10 to 11 a.m. January Ist." The card was given to her by Olsen. She went to the hotel between 10 and 11 on the next day, and saw Mumford. There he asked her to come inside, and she went in and sat down in a small parlour. He asked her if she would go out for a walk, as he wanted tq speak quietly to her. They went for a drive instead to New Brighton. On the road down he asked her if she knew Capt. Willis. She replied that she had met him once in Sydney. Mumford said: "Willis told us that he had given you £50 to come over to Christen ureh." She replied that she had received no money from anyone. Mumford replied: "He is no class. He only gave me £200." She replied: "I thought ne gave you £400." He replied: "Its a lie; he only gave me £200," and then added, "I'm going to have a dashed g-ood try to get out of it." Nothing further was said till they arrived at New Brighton. After dinner they went on the pier, and while out there she pointed to the sea, and asked Mumford how he would like to be out there again, and he said "All right." As they were coming off the pier she said: "Was the beach anything like this where you ran ashore?" He said, "It was all shingle." She asked him were there no rocks about, and he replied "No, that he had gone ashore and had a lok. round to make sure." He then isaid, "I went on board again and ran. iher on to the beach as beautiful as ever you saw." They then drove to Sumner, and while on the way Mumford said he would like to see Kerry g-et off, for he was working very [hard. She asked where Kerry was, and Mumford replied that he was in Sydney trying to take up some more evidence. Mumford then said, "You ought to be on our side. You will not lose anything by it. I would like you to see my lawyer. I have to see ihim to-morrow night, and then I will [let you know how I get on. I have a mice lady's gold watch I will make you a present of two days before the case comes on. It cost £7 10/. A tfriend of mine bought it for his girl." iAfter that they returned to Christchurch, and Mumford asked her to see him the next morning. She went ,to the hotel the next morning, but !he did not appear. She met him about half an hour afterwards near the Hereford Hotel. He said: "I could not see you this morning, but will you meet me at eight o'clock at the Oxford Hotel?" She met him accordingly, and he made'another appointment for three o'clock the next afternoon, at a small hotel near the theatre. She then gave information to the police. She went to meet Mumford at the time and place appointed, but he did not turn up. She met him the nexf morning (Saturday), and he made a fresh appointment, saying that he could not get away the previous day, but would meet her at the same place at three o'clock that afternoon. She went to the hotel accordingly and sat down in one of the rooms. Mumford came in and asked her first, "Do you know Marsack?" She replied, "Yes." He said, "He has foeen following me ) about all the morning." She said, "How do you know?" and he replied, "One of the other detectives told me." She asked him how he had got on with the inspector, whom he had been to see, and he replied that he had given him a bit of a lecturing, but that was nothing. Mumford also said that he had seen his lawyers and everything was being fixed up all right. He said he had got Captain Willis fixed up grand, for he had no business to give Slim any money. He also said lie had witnesses to prove that they saw him coming out of the captain's office. She asked who they were, and he replied Freke, Blake and a couple more. After further conversation the accused said that she and Olsen were the only two who were not on his side. They had tried Olsen and had offered him £20, but he was too frightened. Mumford theu said, "We would not mind so much about him if we could get you." He added that lie liad receives £130 from Kerry, rwho was paying all expenses. He told her that she would not lose anything ■by it. He did not ask her to take his word, for he would take her to a good lawyer, and she could then say that tehe had heard nothing about £400 ■being mentioned and heard no con-

versation, and could make out that she did not know Kerry. lie said that he could take her to a good lawyer to take his advice and sue would be paid so much down and so much after the case was over, lie also told her that a firm in Sydney had offered him £4 a week to go to Sydney. Olsen, he said, had a letter tnat ne wanted to sell for £10. After this conversation Mumford r^ose up from the chair and said, J'Excuse_ me; 1 waul, to see what's Here/ lie went to a corner of the room and drew a curtain aside aiitl disclosed the presence of two detectives, who then arresteii Him. To Mr Harper: She knew Olsen, who was also bound over to give evidence against Mumford. Up to December 31st she had not seen Mumford since the nautical enquiry. Olson had brought ncr the card, saying that Mumford had given it to him. She had not seen Detective Marsack on that day. She knew Detective Uoulder, of Sydney, and saw him on the Friday, January 3rd. She had not seen Uoulder from the time the evidence was given in the other cast*. till the 3rd January. She had spoke J to Olsen one night in the street before he had brought her the card., lie did not say then that he was going to bring the card or to get Mumford to come and see her. He said he had seen Mumford. She was in the street when she got the card. Some time in the evening of December 31 she went to the Oxford Hotel. On the morning of January Ist, when he gave her the card, Olsen said, 'I have got a card here from Mumford. He wants to see you to-morrow morning at the Oxford." Olsen did not say what Mumford wanted to see her r.bcut. They started for New Brighton that morning after eleven in a hansom cab. They went first to the New Brighton Hotel, and had dinner and a glass of champagne. She had no whisky at all. Juiffc before dinner they went into a parlour for about live minutes, and after dinner went out on to the ] each. No drink was brought into the room while they were there, but she had a glass of schnapps after they returned from the pier, ten minutes after they went on. At dinner she had half a glass of champagne, and Mumford drank the rest in the bottle. From New Brighton they went to Sumner, and had something to eat at one of the hotels. She had a glass of wine there. They spent the rest of the afternoon at Sumner, and drove back in the same cab to the Oxford Hotel, where she left Mumford. She had a glass of limejuice and soda at the Oxford. She did not see the police before going to see Mi:mford the next morning; neither did she see Olsen. She saw Mumford outside the Hereford the next nacrning, and had a glass of schnapps there. She saw Mumford again at S c'eJuek that evening. At neither of these meetings did Mumford say anything about the case. Before she saw "Mumford again at the Criterion the next evening she told Detective Goulder what had happened at New Brighton, and that she had arranged to meet Mumford at the Criterion. Goulder advised her by all means to keep the appointment. She knew thai! Goulder and Marsack were there on the Saturday. She was shown into the room where the detectives were, and she knew they were behind the curtain. Before Mumford came in she was not told what she was to ask, but she put all the questions to Mumford. Mumford did not say to her that she was questioning him for a purpose.

EVIDENCE OF A SOLICITOR'S CLERK. James Dorwood, clerk to Mr Herbert Jones, solicitor, Sydney, stated that in Christchurch he had been acting for Kerry and Freke. He knew the Royal Hotel, Christchurch, and met Mumford there about four or five days ago. In the afternoon he met him accidentally, not by appointment. Freke, Welsh, and Wragg were not present at this meeting. This was the only occasion upon which he had met the accused. He did not have an interview with the accused at the Royal Hotel on the night of Thursday, January 2nd, in a room with others present. He had not seen Mumford at any time in company with Freke or Welsh. He had some conversation with Mumford when he saw him, but no reference was made to the evidence that had already been given in the Ariadne case, and Mrs Downing's name was not mentioned.

Mr Harper raised the point that the witness was ndt bound to answer any question which might have the effect of incriminating himself, and the magistrate accordingly cautioned tire witness. Continuing, the witness said that Olsen's name was mentioned while Mumford in a general way was saying that the other witnesses were telling untruths. No sum of money was mentioned either by him or by Mumford, and no reference was made to the sum of £20. Only a brief referenda.was made to the Ariadne case during the conversation. He was with Mumford about a quarter of an hour altogether. He had never met Mumford at the Royal Hotel when Freke or Welsh were present. He knew the Criterion Hotel, near the theatre, ana was there on the afternoon of Saturday, January 4th. He went in to have a drink, and to get out of the rain. It was some time in the afternoon, but the hour he could not say. He saw Mumford there, but met him accidentally. They had drinks together, but no mention was made of

the Ariadne case, or of Mrs Downing. He did not know that Mumford was meeting Mrs Downing that afternoon. He did not remember whether he saw Olsen at or near the Criterion that afternoon. Neither Freke nor Welsh were with him on that occasion. For the last two months Mumford had, in a general way, spoken to him concerning- the Ariadne case.

EVIDENCE OF DETECTIVE MARSACK. Detective Marsack stated that on the afternoon of Saturday, January 4th, he went to the Criterion Hotel in company with Detective Goulder, of Sydney. He and Goulder secreted themselves in one of the rooms in a recess covered by a curtain. Mrs Downing* came into the room and took a 1 seat, and shortly after Mumford came in, and had some conversation with Mrs Downing. Mumford said: "I went to Captain Willis' office with some money the other day, but I had four or five of them watching me go there, and can prove that I went. I am going to say that I was drunk when I made that statement

tq Willis. Kerry is away at Sydney, and will be away a week or two. We are all on his side now, and he is paying all expenses. The whole trouble arose through my not giving Kerry time to pay up the money. 1 feel "sorry for putting poor young Freke away." Mrs Downing saia: — "What about going to look at the shore before putting the yacht ashore?" and Mumford answered: "That's all right. I made out 1 was tacking, and I took her up, ana all we had to do was to walk ashore, but 1 got out of that at the first incjuirv." Mrs Downing then asked, "What about the crew?" and Mumford answered, "The crew were all safe on our side except Olsen. 1 have tried Olsen, but he will not go back upon what he has sworn. Still we can do without him if you will be on our side. We can all get out of it flying if you can help us. You know you need not remember about the £400 being mentioned in the conversation, and you need not recognise ! Kerry. If you will help you will be paid for it, so much down and so much after the case is over." Mumford then said, "Do you know Dotwood; he's managing clerk for Jones, of Sydney, and is a smart man. He is the man that offered Olsen £4 10/ a week to go to Townsville." At that moment Mumford came over, and discovered we were there. I stepped out and said: "It's a nice thing you are doing. Mumford, tampering with a witness." Mumford said: "I was only trying to get her to tell the truth." I then arrested him, and took him to the police station upon the present charge. At the station Mumford said: "I don't know who are my friends. Kerry ought to be if I worked with him. All 1 had to fear was a charge of forgery of a document, but I was more willing to face that than the present charges. You can't blame a fellow doing anything to get out of a mess."

In the course of cross-examination by Mr Harper, Detective Marsack said that he never suggested to Mrs Downing or to Olsen that they should get Mumford to the Criteriou. He had not been shadowing Mumford in town. He knew that Mumford was going to the Criterion Hotel that day, and had an idea of the purpose for which he was going. He did not

know that Mumford was to be askecl questions on the Ariadne case. lIS had no reason to anticipate that Mumford was to make admissions in the case. He was not told of Mumford's conversation with Mrs Downing at New Brighton, but went to the Criterion simply for the purpose of hearing what was said. He obtained no authority from anybody to go to the Criterion that night, but simply acted according to his ulscretion. Mrs Downing was in the room a few minutes before he got there, but he had no conversation with her. He and Detective Goulder then hid themselves and Mumford canie in about a quarter of an hour after. Owing to a ■ noise outside he could not hear what was said for a few minutes. He only heard Mrs Downing put two leading questions to Mumford. He did not hear the word "inspector" mentioned, and did not hear Mrs Downing ask Mumford how fie got on with the inspector. He had not shown Mrs Downing- his of what he had heard in the room. The interview continued for about halt an hour, and conversation was goinj on all the time. He had seen Mrs Downing since she was bound over to give evidence. When he took Mumford to the police station he cautioned him against saying- anything just as he was making a statement. Mumford seemed excited, but was not under the influence of liquor at the time.

EVIDENCE OF DETECTIVE GOULDER. George Edwin Goulder, senior detective in the police force of New South Wales, stated that he was in New Zealand for the purpose of giving evidence at the Ariadne trial. On Saturday afternoon last he was in the Criterion Hotel in company with Detective Marsack. Tjiey were both concealed in a recess oft" a back room, the front of which recess was covered with a curtain. Mrs Downing was in the room when they secreted themselves. 01 sen popped in for a moment while they were secreted, and Mumford came in about ten minutes later. He took a seat and remained in the room for abou. twenty minutes. He heard the greater portion of the conversation. ITO heard Mrs Downing say, "Halloa, Mumford, you see I have come. What kept you?" Mumford said, "What will you have to drink?" Mrs Downing replied that she would have schnapps. Mumford then left the room and returned shortly aP.es TvTth the drinks. She heard Mumford then say, "You know I have got to be very careful. Detective Marsack is watching me, and it would, never do for him to know that I have seen you." Just about that time a noise from outside prevented him from hearing what was said for a time. He next heard Mumford say, "I wanted to have a talk with you about your evidence, and if possible get you over on our side. We are all working together now—Kerry. Freke and I—t and Kerry is paying all the expenses, and I have already had o^>e,r £100 from him. Kerry is over in Sydney now fixing up for some of our witnesse, and I doirt think he can be back fOr a fortnight, and there will have to be another potponement. If 1 can get you on to our side I think things will be all right. lam going to make out that when I made that statement to Captain Willis I was drunk, and shall be able to prove that since the Police Court proceedings, go into the building where Captain Willis, and on one occasion I had three persons watching, who saw me go into the bulding where Captain Willis was." Mrs Downing said, "Bu* what about that evidence that you were seen to go in and have a look before you ran the yacht on shore?" Mumford replied, "That's all right; I squared all that up at the first inquiry. I made out I was tacking, and I afterwards put her up on the, shingle beautifully, and all you had to do was just to jump on the shore.'1' Mumford said also thai; he had seen Olsen, trying to get him on their side, but he did not alter his evidence, and they could not shift him. but they did not care so much about him if they could get her on their side. Mumford also added, "You need not say anything about the £400 being mentioned in our conversation, and you need not identify Kerry. If you do this you will toe well paid, and l

dont want you to take my word for it. After what's passed 1 would not expect you to take my word for much. 1 will take you to a solicitor and you can take his advice. We will give you so much down and so'much when the case is over. Dorwood, managing clerk for Kerry's solicitor, is outside —the cove that Olsen has such a set on—the man that offered him the £4 10/ a week billet." He then said, "I wonder iT there's anything behind that screen," and with that he walked up to the screen and lifte : d it \ip and saw them there. He then said, '"What's this?" and tfiey came out, and he (witness) replied, "It means, Mumford, we have heard every word you have said to this -woman, and that you put the yacht up on the shingle- beautifully high and dry." Marsack said, "It's my duty, Mumford, to take'yon into custody," and he accordingly took Mumford away. He followed behind, and he saw Dorwood following also.

To Mr Harper: He was not employed by Lloyds Association. He had been working up the case on behalf of the Crown in Sydney, and any assistance he could render here he would give. He expected that Mrs Downing would be at the hotel that afternoon for-he had requested her to keep the appointment that she told him Mumford had made with her. Mrs Downing had told him that she had been to New Brighton and Surnner with Mumrord, and she told him some of the conversation. He told Mrs Downing that she need not be afraid to keep the appointment, for somebody would be there to protect her from the scheming and intriguing that was going on and from false imputations that might be brought against her. 01----scn did not know that they were to be at the hotel on the Saturday. He did not make notes in writing at the time, but he had given the conversation as nearly as lie could in its proper order. After the deposition had been read over the witness added that while behind the screen he had heard Mumford say that all the trouble arose through his pushing Kerry too quickly for the money, he had promised him. He said also that he felt like a d d sneak for having put young Freke away, for he was a decent fellow. In the conversation relating to the squaring up of the matter of running the boat ashore Mumford said his certificate had been suspended^for three months, but it was then all right.

EVIDENCE OF HAROLD ARTHUR WELSH. Harold Arthur Welsh stated that he had lived in Sydney and had been in New Zealand for three months, and was on the Ariadne w-hen she went ashore. He knew Mumford well, but he had not seen much of him during the last fortnight. He remembered seeing Mumford at the Royal Hotel about December 22nd, but was not there since. With the one exception he had never seen Mumford while any other party was present. He did not remember being at the Royal Hotel on January 2nd last at a quarter to nine. He certainly was not there with Mumford. He would not swear that he was at the Royal Hotel that night with Dorwood and Freke. He thought the* last conversation he had with Mumford was the 31st December at the Royal Hotel. He met him by accident, and talked with him about three-quarters of an hour. The Ariadne case was mentioned, but it was not spoken of at length, and Mrs Downing's evidence was not referred to. Mumford said that Olsen was a rogne, and did not want to come over, but the police dragged him. No sum of money was mentioned except that Mumford said it, cost £50 to bring Mrs. Downing over. This was the only reference made to Mrs Downing. He never had an interview with Mumford at the Royal Hotel at which Dorwood and Freke were' present or either of them.

MUMFORD COMMITTED FOR TRTAL. This was the case for the Crown. The accused reserved his defence and was committed for trial at the next criminal sessions. Bail was not applied for.