THE ARIADNE CASE

New Zealand Mail, 29 January 1902, Page 46

THE ARIADNE CASE

MUMFORD SENTENCED TO IMPRISONMENT. CHRISTCHURCH, January 22. Another development has arisen m connection with the Ariadne case. When the Court resumed to-day, the Crown Prosecutor said since yesterday’s proceedings the Crown had submitted i the alleged agreement between Kerry i and Mumford to Mr Chilton, a local I expert, for examination with reference ! to the theory that the main portion had , been traced over and incriminating I words added. Dr Chilton, with the aid of a powerful miscroscope, had been able .to satisfy the Crown that the main body of the document had been traced over, and that apparently the document 1 as it stood was a duplicate of the document found in the possession oof Kerry, and also that the incriminating words ‘•'further sum of four hundred pounds if the vessel is a total wreck” were added. Those words, it appeared, showed no signs of having been written over. The remainder of the document, with the exception of the signatures, showed clearly that they had been written over. That entirely vitiated the agreement. Mr Stringer added that as the main connection apparently of Freke with the transaction was based upon the agreement he desired to withdraw the case against him. His Honor, addressing the jury, said that they had heard what the Crown had said, that the document was admitted to be a forgery. That being so, all consideration of it as,.against either the accused Kerry or Freke fell to the ground, but it would remain a subject of consideration with reference to the accused Mumford, and indirectly, of course, as. affecting possibly the others. The Crown had most properly intimated that the case against Freke, which Mr Stringer had opened as being very weak, fell to the ground. That is to say, there was no evidence against Freke of any connection in the matter, and therefore he asked them to return a verdict of “not guilty.” The jury thereupon, through the foreman, returned a verdict of “not guilty” as regards Freke.

His Honor, addressing Freke. said that he had heard what had been said, and the consequence was he was discharged. He would add to what had been said that lie had been discharged in a most ample and full manner. It was not merely a formal discharge on the ground that the Crown could not convict, but it was an admission that the only piece of evidence on which the Crown relied had turned out to be a forgery. One could only regret that he had been by circumstances subjected to so much inconvenience.

Andrew Olsen, A. 8., who had been a member of the crew of the Ariadne from Thursday Island to^Sydney, dePqsecl that Mumford had said to him: “We are going to wreck the yacht. I will give you £2O in addition to what Kerry gives you if veu will come with us. We will have' to be quick about it. as the insurance will scon be up.” Mumford had also said that Freke was the only other member of the crew who knew about the matter.

Annie Adeline Elizabeth Downing, nee \ incent, who had been a barmaid in the Port Jackson Plotel, repeated her evidence with regard to the conversation about the wreck she overheard between Kerry and Mumford. She also detailed the alleged attempt by Mumford to suborn her, which had'formed the subject of another prosecution. At the interview in the Criterion he had said that he had Captain Willis in a fix, as ho had witnesses who had seen him going in and out of Willis’s office. He told her that he made out he was tacking when he ran in to look at the place where he beached the yacht. He asked her to go to a lawyer, and take his advice. He wanted her to come on to his side. Kerry had gone to Sydney to get. further evidence. Mumford said that Kerry was paying all expenses, that ho had received £l3O, and that she would lose nothing by coining to their side. She need not take his word. She could go to a good lawyer, and receive so much down and so much after the case was over. Detective Marsack stated that he arrested Mumford on October Bth last at Lyttelton. On searching accused’s lodgings, he found typewritten copies of two statements, receipts for registered letters and a number of other documents. Ho found a book with the following entry: “Wrecked British yacht Ariadne, Sunday, 8.20 p.m., March 26th, 1901, on Waitaki beach, south of Waitaki nver one and a half miles, New Zealand. Witness, who was one of the detectives concealed behind the curtain W P® U Downing had the interview with Mumford, detailed the conversation, the statements being a repetition of those given in the Lower Court. Several other witnesses were examined, and the case was adjourned till tomorrow morning. CHRISTCHURCH, January 23. The trial of Mumford and Kerry on a charge of .wrecking the yacht Ariadne uas resumed m the Supremo Court this morning.

ing to be the bona-fide corm, deuce between Mumford and mS** ing in Sydney, in which directions wl* ' given Mrs Downing what to sav a '1 on Mumford’s behalf. That “faked,” and the dates were false tv ‘ object of the letter was to show +7 , - s - Downing and. Mumford had beenWt .’1 ing together so as to prove that K*' had been concerned in the wreck of yacht. 1 to® H. W. Bishop, Stipendiary Mtrate, produced an unopened rewiSt ß^ letter addressed to Mumford wlnrlml • been handed to him consequent on h issue of a? search warrant. A diffic u arose as to what to do with the 2 ? ter. Mr Stringer did not want to ■ | it; Mr Harper claimed that it vvJ* ’ 1 privileged document, and the Crown I, a ino right to seize it. The point i ultimately reserved, and the l e fi a 3 ! meantime ordered to be retained bv M j Bishop. /mr , | Charles 11. W. Willis, master of n | Ariadne on the voyage from Cherw! 1 to Sydney, said that when he loft tf 8 1 vessel at Sydney, the Ariadne’s court; 8 i tion was not good. Most of the nor manent fittings had been taken down ; and stowed in the after cabin Vn ! Captain Willis, Lloyd’s Surveyor i called), said Mumford, before h e L arrested, suggested that if by any chano he was convicted in connection with th ; case, the underwriters should pay him so much per year. No amount was men" i tioned, and witness made no reply tn the proposal. Mumford told him that he had written a letter to a lady frier,, m England before the yacht left Svd , ney. telling her of the intention to | wreck the Ariadne. His reason for • So ! doing was that should anything happen ! to him this friend should have a hold ; over Kerry, and get the money pr( T i mised to Mumford for wrecking the yacht. Witness had suggested to Mum j ford that lie should write to this friend : and ask her to return the original letter and envelope in a registered cover ' John Mill, of Port Chalmers, who pur chased the wreck of the Ariadne gave the value of the yacht for breaking u„ as £2OOO. He had saved 28 tons oflead and 20 tons of pig iron, and 20 tons of lead and 80 tons of iron were still in the ; shingle. j By Mr Hanlon: He thought the Ari- ; a ,dne would cost £30,000 originally but j she would depreciate 10 per cent in | value each year. ’ tion hiS Cl ° the case for the proseeuI _® e / oro *d )e defence opened, Captain I >* lllis as recalled, and under exarauia- ; tloa b .y Slr Hanlon, said he had never ! commanded a sailing vessel before boT i : took charge of the Ariadne. The yacht 1 grounded on a reef at Thursday Island i but _ cal ” e off all right. Kerry was not j on board when she grounded. No daml age was done. j Mr Skerrett, at two o’clock, com- ! menced his opening for Kerry. r : He ' referred to the extraordinery fact that ! tbo alleged agreement between Kerry and Mumford was so long in possession ; of Captain Willis and the Crown withj ° ,J t being discovered to be a forgery, j Mumford’s letter to Olsen was two days ; after bis verbal confession to Willis, in | which Mumford expressed regret that I Olsen was not with them as mate, for, i as ho knew' the coast, they might have I got along without being wrecked. In reference to the letter written to Kerry I and given to Willis to copy, counsel j dresv attention to the fact that there I was no record of ths envelope, and said the letter was never intended for posting. and never reached Kerry, as would be proved in evidence. CHRISTCHURCH, January 24. The trial of Thomas Caradoc Kerry and Ueorge Mumford on a charge of wrecking the yacht Ariadne was concluded today. Kerry was found "not guilty” by the jury and was discharged. Mumford was found guilty and sentenced to four vears’ imprisonment.