THE ARIADNE CASE.

New Zealand Herald, Volume XXXIX, Issue 11870, 23 January 1902, Page 6

THE ARIADNE CASE.

WITHDRAWAL OF THE CHARGE V- ' AGAINST FREKE. ' » [BY TELEGRAPH.- ASSOCIATION.] ■■■';■■■ ' '• ' Cheistchuech, Wednesday. An unexpected development occurred when the Ariadne case was resumed this morning. Mr. Stringer, Crown Prosecutor, said he desired to make a- statement. : His Honor would remember that it had been suggested that the main ; part of the alleged; agreement had been traced over, and it had been suggested that incriminating words had been added to the original harmless agreement. An expert employed ;by the Crown, ". to whom the ? document had been submitted on the previous day, said he could find no in- | dication that the document had been written at more than one time. The Crown, however, again submitted the document to Mr. Chilton, an expert employed, during the adjournment, and he, with 'a powerful microscope, had been able to satisfy the Crown that the main body of the document had boon traced over, that the agreement was a duplicate ot the unsigned one found on Mumford at his, arrest, and that the incriminating words, " and a further sum of £400 if the vessel be totally wrecked," had been added afterwards. These words showed no signs of having been traced over while the remainder, with the exception of the signatures, had already been so doctored. Mr. Stringer therefore took the earliest possible opportunity of withdrawing the agreement from the consideration of the jury. His Honor: Not altogether? Mr. Stringer: No, only as regards Kerry and Freke. His Honor: It remains in respect of the other accused?

Mr. Stringer: Exactly. His Honor: That is the view I take at present. Mr. Stringer, lesuming-, said that he desired to say that the _ main connection of the accused Freko with the charge had been in connection with the agreement, and that having fallen to the ground he wished to at onco withdraw against him. •■ His Honor addressed the jury, and said that tho document being admittedly a forgery, - tho case against the accused Freko fell to tho ground. The Crown, which had at first stated that tho case against this accused was weak and unsatisfactory, had now most properly admitted that there remained no case against him. His Honor then directed the jury to return a formal verdict of " Not guilty," which they did. Addressing Froko, His Honor said that ho had, of course, heard what had occurred, and was. now discharged. He was discharged in the most ample and full manner, not merely because the Crown wore unable to convict him, but because they admitted that there was no ovidenco. against him- His Honor was sorry that Freko had been put to so much inconvenience in tho matter.

Freko then left the dock and went out of the Court. The hearing of evidence was then resumed. Andrew Olsen repeated his previous evidence. He joined the Ariadne at Thursday Island with Kerry, and sailed to Sydney, There, he stated, ho was approached by Mumford to assist in wrecking the yacht, but declined. When the yacht was wrecked ho told Kerry he knew all about it, and Kerry promised to get him a billet at £4 10s per week. He did not got the billet, but went Home as an A.B.

Cross-examined by Mr. Skerrett: He had been very friendly with Mumford, whom he knew before he met him in the Ariadne. Witness was employed by Kerry at Sydney to repair the yacht's sails. Kerry spoke to him before they arrived in Sydney, and in Sydney, abont going as mate. Ho wanted £8 per month, however, and Kerry; thought it too much. Mumford spoke to him about going a* mate when the former had been appointed captain. This was after witness and Kerry had disagreed oyer £8. He frequently talked about going as mate to Mumford, and the wrecking of the yacht was several times mentioned, onco in the morning down by the Circular Quay, on next .afternoon, and in the Port Jackson Hotel. Mumford said that, "It had to be done within a month, as the insurance was running out." Freke's name was mentioned as being connected with the wreck. He had not related this in the lower Court becauso he was not asked. He told Mumford ho would not go becauso ho could not get £8, but he would not have gone on any consideration. He believed Kerry did not want him to g0.;.; Witness got two letters from Mumford, one from Dimedin and others saying. " Come over as quick as possible." Later he gave the letters to Detective G-oul-der. The first he 'got before he went to England, and the second after ho camo back. . V - The letter Mumford had written to Olsen from Dunedin on Juno 6 was read. After advising Olsen to "keep straight," and not fill himself "full of that rotten beer," and recommending whisky as a beverage, Mumford said : " The poor old Ariadne went ' like spots.' There must be an awful,current on the coast round there. 1 -wish you had come with me instead of that soft-headed, nervous chump, for you knew something about the coast, and we might havo got along without being wrecked.'.' , .-'-■ •■'; Mumford then continued that he might find a job for Olsen in, Dunedin, that he would like to send him some monoy for a "spree,"- and concluded —"I have got good news for you, and there- is money . for you. Itis too private to write about. Don't go gassing about it whoh you hear from me or you will spoil all." - , h

Re-examined : Mumford had asked witness to come on to his side, but he had replied that he had come over to tell the truth, not to be locked up for perjury. • Mumford had written a letter to a man, Bilker, in Sydney, saying: "If you come across that man Andrew Olsen tell him,quietly from m'o that if questioned ho had better tell the truth straight out. as it is all out." The produced letter was the one in which Mumford said " All right, wo will be friends just the same." Mumford had offered £20, and more when the case was settled.

Annie Adeline* Elizabeth Downing, nee Vincent, who had been a barmaid in the Port Jackson Hotel, repeated her evidence with regard to the conversation about the wreck she overheard between Kerry and Mumford. She also detailed an alleged attempt by Mumford to suborn 'her, which had formed tho subject of another prosecution. Witnoss was cross-examined at considerable length. - .'

Detcotive Marsack gave evidence as to the arrest of Mumford. On searching the accused's lodgings ho found typewritten copies of twe statements, receipts fov. registered letters, and a number of other documents. He found the produced book with entry, as read: "Wrecked British yacht Ariadne, Sunday, twenty minutes past eight p.m., March 26, 1901, on Waitaki Beach, South Waitaki River, ono mile and a-halfNew Zealand." He also found a copy of a letter purporting to do from Mumford to Kerry, in which the following sentences occurred:—"l know that you ought to make me a very substantial present for all I have had to do on your bohalf." He than referred to Captain Willis, who ho had "never had any vso for," and continued: "I should have thought from what you said that wo should have all boon in London before this, and starting our other little experiment. It won't do for us to go in tho same ship, or someone would spot us, and then good-byo to my prospects and £1660. It is no good writing about it until we havo got to London, or until you settlo with mo over this last one." On October 9. Mumford started to speak of the wreck. Witness cautioned him, but ho said: " With what you have got there" (pointing to tho documents) "it is no good trying to defend myself." Mumford then said that he was to havo wrecked the yacht either on th» West Coast or in Cook Strait, but as the boat got smashed, and ho did not wish to loso life, ho pottered away down the coast until ho found a soft spot. Ho stood in during tho afternoon to havo a good look at tho shore, and then came back after dark and piled her up nice and sweot, so that all hands could jump ashore without danger. Mumford had further stated that ho had left some of his gear in Sydney, as he did not wish to lose it if the ship broke up. On other occasions Mumford spoke very freely about the wreck. At tho interview between Mrs. Downing and Mumford in the Criterion Hotel, overheard by witness and Detective Goulder, he heard Mumford say: "I went into Captain Willis' office the other day for money, and had three o. four purposely watching me, and they can prove that I was there. We are all on Kerry's side now. He is away in Sydney, and he is paying 'all expenses." Later he said: "You need not rerncmbci the conversation about £400, and need not recognise Kerry. If we can get you on our side wo will all got out of it." When the detectives wore, discovered Mumford said, "I was only trying t-c get her to toll the truth." At the police station a short while after, Mumford said: "I don't know who my friends are now. They said that it I went with them I would only have to answer a charge of forgery, and that it > would be bettor to meet this than the other one."

Detective Goukler, Now' South Wales police force, gave ovidenco as to the arrest of Kerry and Freko in. Sydney. He saw Mumford in Cbristchurch, and Mumford ■ said: "I am afraid I have made a fool' of nfcrsolf._ I wish thero was someone who could give me advice." They then talked for two hours. On the following Monday Mum-

ford told him more, and witness said," Well;* you have told me more than I can carry, and I ask you, in the interests of justice, to relieve 'me of ,my promise not =■ to tell in evidence what you have told me." - .'Mr.- Harper said he .would like ;to : . ask some questions here. - ' Witness said that he saw Mr. Harper on that Monday at the Police Court, where he was appearing for; Mumford. '- Mr. Harper had a conversation with accused and later accused relieved witness -of his promise of confidence. Mumford did not say that Harper had told him not to' say another word to detectives. Witness had found Mumford very j talkative,;; but considered him in possession of his senses. Mr. Stringer then recommenced his examination, saying he would merely ask for specific parts of the conversations. Mr. Harper and Mr. Skerrctt objected that all conversations should be narrated. Goulder then said that Mumford had said that a mistake had been made in arresting him. If they had waited they would have got them all—tho "black fellow," Walsh and Wragge. , , ". Mr. Skerrett again objected. Mr. Stringer said he would leave these conversations for the present with right to recall. ':'■'

Goulder, in answer to Mr. Skerrett, said that Boyle, the private inquiry agent, had been present at the arrest of Kerry. Witness told him not to come near nor interfere or speak. He found about £180 on Kerry at his arrest. Boyle was. investigating tho circumstances of the wreck of tho Ariadne. Neither Boyle nor any other person looked through the documents found on Kerry. Witness did not refuse to give Kerry a receipt for the documents, but would have done so had he been asked.

Claude Ferrier, who had been sent to inspect the wreck of the Ariadne by Captain Willis, gave evidence as to the condition in which ho found tho vessel. Malcolm James Miller, shipwright, stated that he saw the Ariadne about a week after she was wrecked. Ho went to report on the advisableness of launching her. It was too late then. She could have been got off but would have sunk. Ho went all through the ship. He would value her at the outside at £5000. She would not fetch that in the colonics. To Mr. Skerrett: His experience was local only. He had never built anything larger than a five-ton yacht. Ho had never bought or sold ships. He know what ships were worth from other people. The Ariadne was built of pitch pine, oak and teak, with probably American elm at the bottom, and copper-fastened. Tho copper of the vessel was first-class quality and worth about £500. All the lead he could see was about 15 tons. Tho building of the hull would cost about £2500; cabin fittings, £1000; masts and general fitout, another £1000. ' , . ' Herbert Jas. Hart, who had given evidence in the lower Court, was next called. Ho began to narrate the circumstances under which ho met Kerry and left England in the Ariadne. ; . Mr. Skerrett objected to the evidonce as irrelevant and unnecessary. > Mr. Myers urged that the evidence went towards the question of motive and condition of the ship. ,-.,.-., ■> ~„ His Honor said that ho had grave doubts as to tho admissibility of the evidence and Mr Myers then said that ho would not tender it. Tho Court adjourned till tomorrow morning, when the case for tho Crown will probably bo concluded.