THE PANDORA CASE.

Press, Volume LXII, Issue 12404, 18 January 1906, Page 9

THE PANDORA CASE.

KERRY'S COMMITTAL FOR TRIAL. (FROM OUR OWN" CORRESr-O-DENT.) LONDON, December 8. Thomas Caradoc Kerry again surrendered to his bail before Mr Marsham, at Bow street Police Court a few days ago, to answer further tho charge of stealing hooks which lie had undertaken to convey to the inhabitants of Tristan d'Acunha on his yacht, tho Pandora. Mrs Martha Elizabeth Moorish, the wife of Mr Henry H. Moorish, gas engineer, Sheffield, stated that on the Ist Sep: ')er last the defendant called at her house to see her husband, who was away from home. He introduced himself as tho owner of the Pandora, and said he was sorry to have to report that owing to on accident to the rudder of tho yacht, he had been unable to deliver the tools which her husband had sent for the purpose of being delivered to the inhabitants of Tristan d'Acunha. The defendant said that everything intended for tho islanders had been delivered with tho exception of tho tools and some old books, which were no good to anybody. The defendant called again on the 18th September. The witness then reminded him that, in addition to the tools and magazines, her husband had sent some razors to the islanders. Tho defendant said tliat the razors and other small things were delivered to the ■islanders in sacks. Witness, in answer to Mr Elliott (for the defence) said the defendant tdld her that he had had a great deal of difficulty in ascertaining who had sent the tools. He seemed pleased to find that he had traced the sender. He offered to give witness tho money he had received for the tools, or buy others to take to the islanders on his next voyage. She knew now that her husband had received from the defendant a cheque for £4 10s, which covered tho cost of tho tools and the razors. Mr Elliott contended that there was no case in law which would justify tho Magistrate in sending the defendant for trial, but before dealing with that point, I he. mast complain of the extremo hardship and injustice which tho defendant had sufFered owing to his having been remanded so many times and for such long intervals. He did not complain of tho Magistrate, the of-oials, or the learned counsel for tho Treasury, but he did think that cases of this kind should be expedited. Mr Elliott submitted that there was really no evidence of fraudulent conversion on the defendant's (part of tho goods wi_i which ho had been entrusted. He was the owner of the Pandora, and a man of means. That he was a man of good repute was shown by the fact that the Colonial Office had allowed him, no doubt after careful enquiry, to enter into a contract with them in respect of the removal of guano from the group of ifilaiids which had _een referred to in the course of the prosecution. Furthermore, they had entrusted him with the responsible duty of carrying his Majesty's miadJs to Tristan d'Acunha It was no part of tho defendant's original idea that he should carry the mails or he saddled with the additional task of carrying presents without remuneration to tho inhabitants of the particular island referred to. He was astonished at the number and description of the prc-sc-nlts for the islanders "which wero rained upon him in response to an advertisement which appeared in one of tho daily newspapers. The defendant was very anxious that he should say nothing that would in the lea-?t degree annoy the many good-hearted people who had e.nt presents to tho islanders, but thero could bo no doubt that by tho time Fame cf the goods reached him they were in an extremely dirty nnd offensive condition, and he dealt with them in accordance with the best of his judgmen/t as tho mafrter of the vessel. Some of the books had got into an offensivo condition, and the defendant had dealt- with them in tho bluff way common to sailors, although that method nu_ht not commend itself to the legal minds of the gentlemen conducting this .prcßecution. The defendant felt that if he had been hasty or ill-advised in what he had done the persons who considered themselves aggrieved should have sought their remedy in a civil court instead of treating him as a criminal. In answer to the usual question, the defendant said in a loud voice: "I reserve my defence. I a'bsohitely deny every charge that has been brought a_ain.st mc at this Court. What I havo done I have done to the best of my judgment." The -lagistr-t- committed Kerry for trial, and defendant was allowed out on the same bail as before. [A cable received last week stated that the judge said there was no case to go to a jury, and Kerry's witnesses were not called.]