THE LOSS OF THE YACHT ARIADNE.

New Zealand Herald, Volume XXXVIII, Issue 11800, 1 November 1901, Page 5

THE LOSS OF THE YACHT ARIADNE.

CHARGE OF CASTING AWAY.

SENSATIONAL EVIDENCE. j WRITTEN CONFESSION OF THE CAPTAIN. [BY TEI.KGRAPII.---OWN CORRESPONDENT.] Christcituscti, Thursday. At lite Magistrate's Court to-day the hearing of five charges in connection with the yacht Ariadne commenced. George Mumford, master mariner, of Lyttelton, Thomas Carodoc Kerry, traveller, of Sydney, and Eric John Hussey Freke, also of Sydney, were charged, (1) with casting away the Ariadne »outh of Waitaki River on March 26; (2) conspiring by falsehood and other fraudulent means on April 12, at Oamaru, to defraud the underwriters of the Ariadne and on February 25, at Sydney, forming a common intention to prosecute an unlawful purpose, to wit, casting away of the ship. Kerry was oh ged that he did counsel and procure Mumford and Freke to be partners to the offence of casting away the vessel, and Mumford and Freke were charged with casting her away. Mr. T. W. Stringer and Mr. M. Miles appeared for the Crown, Mr. H. J. Beswick for Mumford and Mr. A. C. Hanlon and Mr. W. -J. Napier for Kerry and Frcke. In summarising the facts of the case for the Magistrate (Dr. McArthur), Mr. Stringer said that the informations' arose out of the wreck -of the yacht Ariadne on March 24 last. The Crown ivould prove that the accused Kerry was the owner of the yacht, that he had purchased her some short time back for the sum of £2100. and that he had insured her for a very large sum of money, just upon £10,000. The yacht was lying in Sydney Harbour on February 25 last, and while there a master and crew were appointed by Kerry, and she was sent on a voyage to New Zealand. The accused Mumford was appointed the master, and .the accused Freke was an ordinary ship's hand, signing articles in the ordinary way. The ship reached the shores -of New Zealand in the month of March, and on March 24 she was wrecked on the East Coast of the South Island, about a mile and a-half south of the Waitaki River. She was beached, and the crew practically jumped off the ship on to the beach. Afterwards the ship was broken tip. j/he case that the Crown should make against the accused would differ as to each. With regard to the accused Mumford they bad a clear and apparently frank confession of the whole of the circumstances. That confession, of course, was evidence only against himself, and not against the other accused. In the course of that confession, however, lie produced a document which tho Crown had, and which, if (as he should bo able to show it was) signed, as it purported to bo signed, both by the accused Kerry and the accused Freke, left no possible doubt that they were also parties to the casting away of the ship. There were, in addition to the confession, a variety of circumstances which ho would not- trouble the Magistrate with them. He thought it necessary just to state a few facts as to how Mumford's confession was obtained. The insurance was with the underwriters at Lloyd's, and Captain Willis was their representative in New Zealand, and, of course, it was his duty, on the wreck taking place, to make all inquiries and to ascertain all information possible. Some time after the inquiry had been held certain information came to his knowledge which led him to approach the accused Mumford, the result being the confession referred to. Mr. Stringer then stated that confessions and statements obtained by inducement were somewhat discounted as to their value, but lie added that Captain Willis had acted entirely on his own responsibility, and not under the supervision of the police, who, indeed, were not aWare of what was taking place until things had assumed a certain aspect. The Police Department obtained knowledge of what was taking place contrary to Captain Willis' wishes, and they immediately set the criminal law in motion. John Fitzgerald, cadet in tho Magistrate's Court at Oamaru, produced the depositions of the accused at tho nautical inquiry into the wreck of the Ariadne. Captain Stewart Willis, Lloyd's surveyor at Lyttelton, said he first saw the wreck six d»ys after the stranding. In his opinion the value of the vessel when afloat was at most £5000. In consequence of certain information witness went toDnnedin on May 28 and saw Mumford that night. They discussed the wreck, but Murnfond then declined to answer tho question whether he had wrecked tho yacht. At eleven o'clock the following morning Mumford came to him again and stated that he had cast the yacht away, but though pressed at the time to put his statement in writing, ho did not care to do so. On the following day witness said, "If you will act | straightforward and honest with me I will I see that you are rewarded." Mumford replied that ho .would write and sign a statement for a reward of £400. Mumford wrote out a statement on the morning of the, 13th. The original was sent to Lloyd's at Loudon, but a pressed copy (produced) was retained. The confession was- read, and was as follows:—

Dunedin, May 30, 1901. The following is tile statement of facts concerning the loss of the yaelit Ariadne on the coast of New Zealand on. the night, of Sunday, March 24. 1901, and 1, the undersigned George Warn ford, late master ol tho Ariadne, do declare the same to he true in every particularl first met Mr. Kerry through a man called Oliver, at Kerry's request, in Sydney Harbour, about February 1, 1901. After working some days on board Kerry asked mo if I wanted to make monev. and gradual I v breached the subject of wrecking: the yacht. As I was at the time very hard up for money. I eventually agreed to do so. For doing this I was to lie 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 Wailaki beach. It was original intended to wreck the vessel on the west coast of this island, but I could not do so, as we lost a lifeboat on our passage over. This boat had been got all ready by me during the passage. and everything necessary was nut into her. The idea was that after I had made a total loss of the Ariadne (and it was agreed it, must lie a total loss!, I was to go home to England, and he was to find the means of (retting me a yachting certificate if my certificate' was suspended. ICerry 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 wliy t're Ariadne was to he wrecked on the coast of New Zealand was because the insurance policy was nearly expired, and there was not sufficient time to get any more out-of-the-way place. All the yards of the Ariadne were left in Sydney, and I sent all my clothes and valuables on there, not wishing to lose them. I have witnesses to prove this, and also witnesses who overheard a (treat portion of the arrangements made between myself and Kerry. Young F. .T. Fipko was present with Kerrv when on- arrangements were made, but he is a confidential friend of Kerry's, and not likelv to divnlge nnvthing. —GEO. WrW"ORT». Witness to signature of O. Mumford: C. Smith, insurance manager. Dune din.

On the day witness asked Mum ford whether he had anv documents in Ins nossessicn thai; would confirm his statement. He rep.iecl that he had such document, but had lost it. Several times the question was repeated and on one occasion Mum ford said that at Onmjiru he had told Kerry that he had lost the agreement; made between them. and had asked for another, as he had received no portion of his promised reward. Ivorry replied that since In had lost the agreement Mumford had no hold over him. On June 7or 8 Mumford told witness that lie had found the agreement in the lining of an old coat and gave it to him. The document was produced, and was as follows: —

Sydney, February 25. 1901. I, 1. C. Kerry, ajrree with G. Mumford. to pay as wares the sum of £12 per month for services as master of the yacht Ariadne from date of signing articles at SS®lnev, and a further sum of ,£IOO if the vessel be totally wrecked. (Signed) T. C. KERRY, owner. R. G. 11. FR-EK'B, witness. Later witness took Mumford tc Air. Bruges, notary public, to put the confession in a more formal shape. This confession was also read, and was much more detailed than the original one. Witness had paid Mumford the £400 agreed upon._ _ He had acted entirely on his own responsibility, and in no way in connection with the Police Department. The prosecution had been brought against, his wish. A. 11. worth, ledgerkeeper in the Lank of New Zealand, said he was satisfied that the signature, " T. 0. Kerry," on the agreement was identical with the same signature on the document, being an undoubted signature of Kerry's. He had also not the slightest doubt that the signature, "I. .). I'reke, on the agreement, was signed by the same person as Freke's signature on the deposition. To Mr. Hani on : The handwriting in the agreement was not, in his opinion, the same as in the specimen of Mumford's writing. Mr. Hani on said that the prosecution had admitted that Mumford wrote the body of the agreement, and said that he did not wonder that the Chief Justice had great con- _ tempt for experts.

.Mr. Stringer said that they did not admit the handwriting. Percy Akwood, able seaman, stated that he had been a member of the crew of the yacht Ariadne. lie joined her on February 22 of this year at Sydney, and was engaged by Kerry. lie did cot know when she was to sail. " "Die ship left Sydney on February j 15. He was on board the whole of the time, except about two hour.?, when he went ashore for his clothes. He did not remember the | lifeboat being taken to Circular Quay with any cargo. Something was taken to a iettv, | he should judge, about two miles past Circu- j lar Quay ton-arch Miller's Point, about j eight o'clock fin the night oi February 24. j The load consisted of trunks, whisky cases, i ha".?, and other small parcels, about 14 to 16 s all told. He did not know what they contained, but two trunks he handled were very { heavy, indeed: one being about as much as i be could carry. The articles were put into what was apparently a bathing-house. Besides himself, there were in the boat seven men, named Kachnitzski, Wynd, Wacksmith, Harding, Kerry, Frcke. 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 beard 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 ho 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 lifeIwat 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, end water-breakers were put on board the boat, but be 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. They sighted the New Zealand coast about three 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. Ha acted as steward, and took watch dn 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 sop. since 1877. The Ariadne was very ill-found and short of provisions. Cross-examined by Mr. Hanlon: Kaoluiitzski and Wack'tnith were not very particular friends of his. In Oamaru he, Harding, Wynd, Ivachtiitzski, 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, together. He had never received, nor been promised, any money for his evidence* here or at the inquiry from Lloyd's. Ho was approached last Monday week. October 2.1, with regard to giving evidence in the present case. .After he and his mates had been at sea in the Ariadne some days they became disgusted nt the food, bad navigation, and want of discipline. Some of tho 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 be was called on deck. Ho did say that " the whole kit could go." It was truo 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: Ho 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 Commissions Tunbridge. The case had not concluded when the Court rose.