THE ARIADNE CASE.

Press, Volume LVIII, Issue 11153, 20 December 1901, Page 3

THE ARIADNE CASE.

FURTHER DEVELOPMENTS. . EXTRAORDINARY EVIDENCE. Further evidence on behalf of the Crown against the three accused in the j Ariadne case was the Magistrate's Court yesterday afternoon, before Mr H. W. Bishop, 6.M.. The witnesses examined had been bought specially from Australia by Senior Detective Gowlder. _Mr Stringer, of Christohurch, and Mr Myers, of Wellington, appeared for the Crown, Mr Hanlon, with him Mr Cassidy, appeared for Kerry and Freke, and Mr Beswick for Mumford, the third accused.

Mr Stringer explained tihat thia was on application to take evidence under Section 344/ of the Criminal Code. He then called witnesses.

Annie Adelina Elisabeth Downing, examined "by Mr Stringer, said she was the Tfcife.of Alfred Downing, residing in Waterloo, a- suburb of Sydney. In February last and for some.time ■previous She was barmaid at tie Port Jackson Hotel, George Bfcreet, Sydney. Shte knew a paptain Mumford," and had known nim \for four or five weeks before February. ' She also knew Mr P. 0. Kerry, and knew him to be the owner of tlhe yacht Ariadne. She" remembered the yacht leaving Sydney harbour i about February last. It was about a month before, tbe.yadbb left that site, had known Kerry. She wae introduced to ham by a man named Andrew Olsen. She bad seen Mumford and Kerry together at the hotel two or three times. On one particular morning some three or four daye before the Ariadne sailed Mumford came into the hotel and asked hter whether she had. seen Kerry, and she replied "No." Hβ then said he had made an appointment with him. A few minutes after Kerry walked in. This was in a small private bar of the hotel which she attended to as well as the adjoining public bar. When Kerry joined Mumford they had a drink together in the private bar, and talked together. She remained behind the bar in the same room. For certain reasons she took notice of what was said, and.overheard the conversation. Kerry said to Mumford,. "It's this way.. I will give you £400 to take the yacht out and then, lose her." Mumford said, "It's a bargain; I'll do it." Kerry, said, "It's an understood thing that you will carry out my instructions, and stick to mc," and Mumford said, "You can depend on -mc, I will stick to you." They then finished their drinks and went into the side parlour. No other person was present during this conversation besides the two men and herself.' They remained in the parlour for about half an hour, and were then joined by Oieen. Olsen came and told her that she was wanted in the parlour for some drinks were -wanted, and the millionaire was inside. Mr Kerry had always been known as "the millionaire." She went in and sapplied the drinks. While in the parlour she beard Kerry say to Mumford, "Wβ have not much time to'lose; we must get &way as soon ac possible." Olsen had then gone. Kerry had been in several times to the hotel to impure after Olsen'; sometimes he used [to call in twice a day. She left the Port Jackson Hotel on the 17th Mareb, : a few-days after she had got married, since when she had been living with her husband. Mr Beswick did not cross-examine.

To Mr Hanlon: She left the hotel somewhere about the 17th March. She was married at Christ's Church, George etreet, Sydney. The name of the minister was in the marriage lines, but she could net recollect the name. She did not know the people who were witnesses at her marriage. Three people were present at the wedding besides herself and her husband, a youngjady and a gentleman and the minister. The young lady had acted as bridesmaid, but she did not know her name, and had not seen her prior to the day of the marriage. She had known her husband about nine months prior to the marriage*. Her marriage lines; were in Sydney with her husband. She had had possession of them. She gave them to her husband on the day of the marriage. She could not be certain whether it was the minister or the other gentleman who handed her the lines. She would not be certain

that the church was Christ's Church until she saw the marriage lines. She had bsen a barmaid in the hotel fox two years. Prior to that ehe was a waitress at 20 Wyndyard square, Sydney. The Port Jackson Hotel was frequented by all classes, and a large proportion of the customers were seafaring men. A few firemen used to call there. She could not say tbfe exact date when the Ariadne sailed from Sydney, but it must have been somewhere about the beginning of March. She was introduced to Kerry at one of the side parlours in the hotel. The parlours were not numbered. The side parlour was reached from a side entrance, which was the nearest way in, I acd it was on the left hand side coming lin after passing the bar counter. Oisen was a seaman, and" used to frequent the hotel as a customer —nothing more. To her knowledge he had not worked in the hotel. Only the three were present when Olsen introduced Kerry to her. -Sfae went into the parlour to see what tiro two wanted, and it was then that she was introduced. This was about six weeks before she was married. Sac supplied them with drinks— one round. Shfe afterwards saw the two several times together in the hotel 'in different parlours. Kerry was a man of medium height and -thick set, fair, and nsually wore a stxaw hat. He had no beard, but she thought he had a slight moustache. He had no beard' when she knew him. She could not say how old he was, but thought he was between twenty and fifty. It was between 9 and 11 in the mornntg that the conversation between Kerry and JMuinford took place. Kerry was th"en wearing the straw nat. He was looking rather shabby, but never did look well dressed. His clothing was of a dark colour. Mumford had dark clothing, with a soft black hat. The two were in the bar for a. little over five minutes. She heard no other conversation in the bar beyond what she Jiad related, and she had heard no more. They might have been talking, however, while she was out getting the drinks. She could hear this conversation quite distinctly, and the two men could see her quite distinctly in the bar, which was.a very small one. The first thing Kerry said was, "It's this way, Mumford. I will give you £400 to take the yacht out and lose her," and Mumford said It's a bargain. I'll do it." A Mr Boyle first saw her about giving evidence in this matter. Sh© could not say what he was, but he asked hex for full particulars about the case, saying lie was working on the same line as Mr Gowlder, a Sydney police detective. She could not say whether Boyle said , he worked for Lloyds, or that he said anything about Lloyds..' Boyle saw her' three or four days before she left Sydney. She was siire he was the first person that approached ber about giving evidence. He did not give her a subpoena*, and did not promise her anything for her giving evidence. She did not ask him any questions whatever. Her husband was present at the time, and he asked about the expenses, and Boyle replied that the'Goveroment would allow her 10s a day and liier fare. He did not give■her any money then, and she had never received any money from the Government or anybody else. Mr Gqwlder provided her with -her ticket. The conversation with Boyle took place at her own end she saw Mr Gowlder there. Hβ said she would get 10s a day expenses from the Government, but gave her nothing. Her. evidence was written down and she signed it. This was for owlder. Gowlder saw her a day or two after Boyle had come, and he took away that "statement. She did not) remember whether she signed another statement for Boyle, although Boyle had written one out. ' .

To Mr Stringer—She had not been promised a reward of any land ,from anybody for giving evidence. Ihe first talk of money was when her husband enquired after her expenses. She had then told Boyle what she knew about the matter.. Her maiden name was Vincent.

Charles Henry Waller Willes, examined by Mr Myers, said he was recently an officer of the Marloo, and he left her to come over to New Zealand to give evidence. He navigated .the yacht Ariadne from Cherbourg to Sydney. ; Mr Hanlon objected to this evidence on the ground that it was not relevant to the issue in the trial. , • . "

Mr Myers said that he was .going to ask the witness the value of the ship. It ■was proposed to ask the -witness aiso "certain questions to show intent and motive on the part of Kerry. Mr Bishop said he felt bound to admit the evidence.

Continuing, ,the witness-stated that he could not say what the marketable value of the Ariadne was. He 'was not a yachtsman himself,, and the value of .a yacht was "quite different to a merchantman. ■ He knew -what had been paid for the yacht, and he thought this was.:qu£tß enough. He saw what bad been said in a report in a paper of an action in "which Kerry was a party. Hβ should not feel inclined to give more- than £2100 far the yacht. The condition of the vessel above deck -was indifferent. The running > gear vras in bad order, and the sails wera not altogether in quite a fit condition, and he considered they should have been overhauled before they set out on such, a long voyage. He proceeded from Cherbourg to Durban', where he understood Kerry was to meet him. Kerry was not there when he arrived, and he 'did not turn up at Durban at all. Some refitting was required at Durban, and* reprovisioning. He. had the sails repaired— this was the main item.- He ihad not money to pay for what <was required at Durban. Before leaving Cherbourg he had! asked Kerry -for money for general' disbursements, and he gob £5 from him. This was not sufficient, for over £100 was required at Durban - for ship's purposes. To pay that he sold the ship's steam launch. From Durban he proceeSied, to Port Darwin and then on to Thursday Island. He considered this course safer for the ship. The hull of the vessel was in good condition, but the sails and rudder were very -bad, and , that was why he took the northern course instead of" the southern. At Thursday Island he was joined" by Kerry, and he made the trip from there to Sydney. He came down the Queensland coast partly outside and. partly inside £he Barrier Reef. At Trinity Opening .he came inside the reef »t the wish of the owner, Mr Kerry. At this stage he himself was in charge of the ship. Hβ was aloft most of the time on the cross-trees. Part of the time Mr Kerry was there; Kerry suggested that Tie was steering too far to' the north, and that on opening to. the south was the real opening. The real opening was the one through which he had taken the vessel; and the other was simply an indentation in the reef, and the effect of adopting Mr Kerry's suggestion was that they might -have gone ashore cr, they might "have crawled off. From where he was he could see which was the real opening. They got through all right. This would be about the latter end of October of last year when all this happened. On the same evening Kerry made another suggestion that he should keep closer to the coast, between Cape Grafton and Fitzroy Island. He wae then taking a mid-channel course. The channel between was- fairly «ife as long as one kept his" eves open, and the effect of adopting the suggestion of keeping inshore might have -been that the vessel would l have got too close in and struck some outlying , reefs. He had been a ship's officer since 1885, and the first suggestion of Kerry's would have endangered the ship, but he could! not say what would have happened if the second were adopted. Kerry ihad told him in Loh : don, before he left fox Cherbourg, that the ship was insured for £20,000. At that time he had not seen the vessel.

To Mr Hanlon—-He did not know much about the value of yacfots. He would not give more than £2000 for the yacht. He did not know what amount of lead was in the ship, »nd be would not be surprised if tshere was £5000 worth. He left another ship to go to Mr Kerry. Before leaving Southampton Kerry did not give him any money, and; He got tlhe first at Cherbourg. Kerry gave him a cheque for £11 for ibis wife before he left Southampton. •Hβ did not get a cheque for £60. The condition of the vessel was indifferent, but- not unsafe. He made no complaint to 'Mr Kerry about the condition of tie ship before leaving. He ■did not examine the sail lockers to see what sails were aboard. Titers were spare sails aboard, and he examined these when the vessel was at sea. He did not know that the ship had a second suit of new saib with the exception of the mainasiL If this were so, he would not have tbe complaint to make. He did not see a second suit of sails, but lie saw a suit of storm sails for heavy weather. One was new, and the others were in good condition. The yaahi would have l>een better equipped if she had! a second foresail

aboard. Hβ did not see one, and if it were there he tboufiht he would have seen its. He had no idea of the sail area of the vessel. The running gear for a yacht was in indifferent condition, alt&ough it might have been good enough for a coasting steamer. "There was one coil of rope aboard, and a coil of lanyard rope, but no other rope for running gear. He had ulso a new coil of rattlin lines. There was plenty of rope afcoard, but it- was old, although not necessarily in bad condition. Prior to this voyage he uad never sailed a yadbfc before. He found the work not difficult, but different from what he had been accustomed to. He pot to Durban safely r however. .A firm of Wilson and Co.. did wJxeA was necessary to put the ship an order. The only items of repairs were the sail and the rudder, which' cost about £20. Hβ could not say the eract amount for provisioning the ship, but the total expenses at Durban came to over £100. ■Hβ did not buy any whisky in Durban, and did not tell Kerry that 'he 'Bad bought some. He handed all the bills and vouchers to Kerry on the passage down from Thursday Island to Sydney. Hβ sold the. steam launch for £150, and he ihadi not told Kerry before that -he had sold it for £200.. * He did not get a sale note, but he gave a receipt for the money. He sold the launch to & Mr Lloyd. While in Durban he had a letter from Kerry telling Urn to go to Sjxfcney, and he w.ent, after staying for about fourteen days alongside. He was not drinking heavily at Durban. He proceeded from Durban, towards Sydney, and went to Port Da.rwin and Thursday Island. They were about five months on rife journey from Durban to Thursday Island. Several sails were blown away on the voyage, and- the bofostay carried away, bub no further accident occurred. He got to Thursday Island safely, but the vessel missed stays and drifted on to a reef near Thursday Island. This was not in consequence of his bemg drunk at the time. There was then a fair amount of grog on the ship. -Mr Kerry came off from Thursday Island to the ship. It had not been arranged that the vessel should be run ashore <tthere. He did not know that Kerry tifld ordered a kedge to be ; pufc out to try and get the ship off, but he put one out himself,- farad the vessel eventually floated off. Kerry did not conduct tihe navigation of the ship after that, although , -he suggested that he should take one watch and hte (witness) the other. The watches were taken by the two mates on the boat. " He never ■beard Kerry say that if fae were not more ca<reful he would •have the ship ashore again. When Kerry charged Mm at Thursday Island with al-l-owing the yachfc to go asihore, toe did not 'beg him to overlook the matter amd aiofc prosecute him for selling - the launch. He did not sell any of the provisions at Durban. He kept a log, and entered it up daily. He dad not make an entry in the. log on the day that Kerry wrongfully interfered with t&Oa navigation of the ship.

To Mr Myers—The harbour dues at Durban amounted to about £35. Kerry had charged him with drunkenness, practically all the voyage from London to Sydney. There was no truth in that suggestion, for he had never drank to excess. Hβ had not seen the chip before he joined her at .Southampton, and prior to that he had no conversation with Kerry as to the condition, of the sails.

Andrew Olsen, examined.by Mr Stringer, said he was an A.8., living at Sydney. Hβ knew Mumford, and first became acquainted with him about leighteen' months or two years ago. Hβ was at. Thursday Island when the yacht Ariadne arrived, and he shipped on her to go from Thursday Island to Sydney. She was then commanded by Captain Willea. They arrived in Sydney on a Saturday, and he was paid off on arrival, and left. After he left the ship he\went to live at Port Jackson Hotel. , He slept there, and" took his meals at a restaurant. He knew Kerry' first when he joined the boat at Thursday Island. Kerry came to see him on several occasions while he was staying at Port Jackson HoteL He was employed by Kerry first of all to get the sails np on deck for the surveyors to have a look at them, and afterwards he was employed to repair the - sails.' The sails were in a bad condition, having been dried up on account of being stowed away for so long. Hβ repaired the mainsail only. The foresail was to be fixed up, -but he did not do it.' . He could not say whether any sails were sent ashore at any time, but after the, Ariadne had left Sydney he found some spars in Neutral Bay .belonging to her. He left the ship about five or six days before she left the port. Shortly before the yacht left, Kerry asked him whether he-would go with him as chief mate on the Ariadne, and what money he wanted. Hβ replied £8 a month, but eventually no arrangement was made with Kerry. He introduced Kerry to Mumford some time before he repaired' the sails. He had met Mumford, who was then doing nothing, and ■ recommended him to apply to Kerry. He afterwards learned that Mumford had been engaged by Kerry. Kerry had told him that he wanted a hard mate to drive the men of the ship. After Mumford had been engaged as captain, he wanted him (witness) to go back with- him. Mumford said he was going to wreck .the boat, and offered hnm £20 out of his share, beside what Kerry was going to give him. He replied that he would ses about it, saying that Kerry would not give him the £8 a month. He saw Mumford afterwards, and eventually refused to go. Kerry said nothing about this proposal either before or after it was made. He afterwards saw the account of the wreck of the ship on the New Zealand coast. He saw-Kerry after he had returned from the -nautical enquiry held in TSevr Zealand. Kerry came to see him almost every day at the Port Jaakson Hotel, treating him and getting him jobs. Kerry spoks about the wreck, and said it was all nonsense that she wa3 wrecked wilfully, and that he had iost £10,000 by it. He told Kerry that Mumford had made an offer to him, and told him what tie -offer' was. Afterwards Kerry took him and introduced him to the manager of a big firm who was going to give him a (job at Townsville at £4 10s per week, but this did not come off. Ultimately he left Sydney and went Home on board the Austral. He joined the Austral at the beginning of July, and returned in October. He saw the gentleman in Court that day who had offered him the £4 10s a week. He had seen him in Sydney in an hotel in Park street.

To Mr Hanlon—Hβ knew Mis Downing in, the Port Jackson Hotel. He was never employed at the hotel. Michael Norris was the proprietor of the hotel. He had frequently seen K«rry there, and had often had a drink with him. Once he saw Kerry there with Captain Mumford in a bock room. This was shortly before the yacht left. Miss Vincent was there then. It was then some time in the morning, before dinner. Hβ was going through the passage, when Kerry and Mumford called him, he Trent-in and had a drink with' tbe'ni- He had called, the barmaid and said she was wanted in the room, and , she came in and served! them with drinks. That was all that was then said. Kerry left the hotel and he went into the bar.

Herbert James Hart, of London, said that he first met Kerry in London about the beginning of December, 1899. It was in consequence of an advertisement in the "Daily Telegraph," in which "Captain, 44 Chancery, Lane," wanted a partner with capital to join in a trading expedition among the islands of the Pacific. Hβ answered, and received, a reply from a man signed "Jones," and in consequence of receiving the letter he saw Kerry at the Hotel Cecil. This advertisement was referred to in his conversation with Kerry. Kerry told him that he was the owner of the yacht Ariadne, and he proposed to (to trading with her in the-ielands of the Pacific. Kerry eaid tihat he himself had. never been trading, but that he had lived in the islands all his life, . and that there were large profits to be made out of the trade. They were supposed to take out goods from England to trade with. Kerry told him he intended to take the goods out in the yacht. At first Kerry wanted Mm to put £1000 into the business, and he finally agreed to take £500, and he was to get one-eighth of the profits in return. Kerry said he would return to England in about a year, but there was no reason for him (witness) to return, as the trading station could be established, and the work would -be going on all the time. Kerry told iham there were two other young men going out with him, one of whom was at tlte tine in South Africa, the latter's name being SimpkJns. The other one was Mt McCrbwan, whom !be saw at his second meeting with Kerry. Kerry afterwards suggested that the trueinese shfeuld finally be converted into a company. After these

conversations he (witness) -went, to South Africa and saw the yacht in company with Kerry. Hβ *old Kerry h<e did not think the yacht was suitable for the class of work ha proposed to do. Kerry agreed, and said he intended to hire a schooner in Sydney to do the rough part of the work. The boat had mo hold wherein to stow the goods. Hβ asked Kerry wßa-t he had done abotft the goods, and Kerry told him that he had already bought them, but intend«d j to send them to Australia by another ship. Two nights before the ship sailed from South Africa 'he paid Kerry. £300 in cash, and gave him a two months' bill signed | by Jus father for the .balance. Kerry werub with him to Cherbourg, and from there they went to Durban to pick up Simpkias, so Kerry said. Kerry was to meet them at Durban. McGowan joined hdm at Southampton, and went as far as Sydney with him. When they arrived at Durban a letter from Kerry was sent to Simpkins, and some days later Simpkins came on board, but when he 'heard 1 how i badly they were getting on he refused to joins the, . ship. Thie . sails were in bad condition} thie rudder was weak, and the food was almost gone. At Durban tbe sails were, repaired, and the rudder was seen to, but was not in a< sound- condition eren after. There was no money to pay for *b8 "repairs, and the captain sold the steam launch. From Durban they went to Thursday Island, where they picked *up Kerry. At Thursday Island on board the yacht he told Kerry he was very dissatisfied with all that had happened since they had left England. . He told him that he Sid not think that he intended to oarry out his trading agreement, and he asked him whether he had' really bought the goods to trade with. • Kerry replied that he never intended to trade, as his present idea was to take up a big estate in New Britain, belonging to a Mrs Forsyth, which was under offer to him, for £70,000, that .he intended to form his estate into a company, thereby' making a profit of from £50,000 to -£130,000. He told Kerry' he did not - want to, go into it, but wanted his money back, and offered to ded<uct a fair sum for his passage outj but Kerry only laughed at him *andi eaid nothing. Eventually they arrived" in Sydney, and he commenced an, action against Kerry fox. £50Q .return of. money paid, and £500 for breach of agreement. There tad been a written agreement. After'certain •interkwutory proceedings (the action was settled by Kerry. McGowan also brought an action against Kerry for £1000, which Kerry also MoGowan and he received £600 between them, and Kerry paid all law costs. While at Thursday Island Kerry talked of sending" spars', ashore at Sydney, and said' he should sell them. These epars were taken ashore a few days after they reached Sydney, and sent to some boatbuilder's yard. r ■ ■ . --■ To Mr Hanlon~At Sydney Kerry brought an action against, him for libel. . He had possibly said harsh things about Kerry, but nothing that was.not.true.' Kerry took proceedings against him, and got him put in" gaol for sis days, being- held to bail in his action, and' the actions were all settled at the same time," including one brought by him against Kerry for false imprisonment. The arrangement was tjiat McGowan and he should have £600 between them, and that £150 should be set apart for law costs. He had signed! a document, and McGowan 1 and he were to receive £750 between/them and all actions were to be'balanced. On the voyage out he had. a quarrel with Captain WiUes, but did not come to blows. He knew that Captain WiUes logged him for interfering with the ship. There was no drinking; going oa in the All the grog tnat'was bought "in Durban was for the men. He was not arrested in D<urban, and he did not take liquor aboard the ship at all. They, ran on a reef afc-Thurs- | day Island, but -Captain Willes was not 'at that time drinking. , He had made no complaint to Kerry at Thursday Island that he had been, taken all over the ocean for seven- months by a map who did not know how to navigate a ship. There was ' a row when Kerry came aboard, and he i (witness) got struck by a, man*,who -was acting as mate." To Mr Myers—He made no payment to Kerry in respect of the libel action. He also lead put Kerry in gaol under a *writ of arrest at Sydney. This concluded the "evidence, and the wik nesses were then duly bound over to appear ,at the trial of Kerry, Mumford, and Freke iat the Supreme Court-in January next. .