SUPREME COURT.

Timaru Herald, Volume LXXVI, Issue 11664, 24 January 1902, Page 3

SUPREME COURT.

THE ARIADNE CASE

Per Press Association. CHRISTCHURCH, January 23. The trial of Kerry and Minnford, charged with wrecking the Ariadne, was resumed_at the Supreme Court this morning. Detective Goulder, recalled, said that whilst in custody on January 4th ar.d 6th, Mumford. told him about the registered letter, which Dorwood received purporting to be a bona fide correspondence between Mnmiord and Mrs Downing, in Sydney, fn which directions were given Mrs Downing what to say and do on Mumford's behalf. That- letter was faked, and the dates were false. The object of the faked letter was to show that Downing and Mmnford were working together so as to prove that Kerry had been concerned in wrecking the yacht. H. W. Bishop, Stipendiary Magistrate, produced an unopened registered letter addressed to Mumford, which had been handed to him consequent on the issue of a search warrant.

A difficulty arose as to what to do with the letter. Mr Stringer did not want to open it, and Mr Harper claimed that it was a privileged document, and the Crowxi had no right to seize it. The point _was ultimately reserved, and the letter in the meantime was ordered to be retained by Mr Bishop. ' Charles H. W. Willis, master of the Ariadne on the voyage irom Cherbourg to Sydnev, said that when the Ariadne left Sydney her condition was not good. The sails were out of repair, and the rudder was not in good order. Most of the manent fittings had been taken down and stowed in the after cabin.

Captain Willis, Lloyd's surveyor, recalled,- said that before Mnmford was arrested he suggested that if by asy chance he was convicted in connection with the case, the underwriters should pay him so much a year. o amount was mentioned, and witness never made a reply to tlie preposterous proposal. ■ Mamford told him he had written a letter to a lady friend in England before the yacht left Svdnev, telling her of the intention to wreck the Ariadne. His reason for so doing va? that should anything happen to h'm. this friend wotild have a hold over Kerry, and get the money promised Mumford for wrecking the yacht- "Witness suggested that Mumford should write to the friend and ask her to return the original letter and envelope in a registered cover. John Mill. Port Chalmers. who pur-

chafed the wreck of the Ariadne, gave the value of the yacht afloat for commercial purposes or breaking pat 82000. He "had saved- 28 ton"; o: lend and 20 tons of pier iron. and 23 tons of lead and 80 tons of :-r,n were still in the shinsle. Bv Mr Haplon : Thought the Ariadne --nn:.-I ccr-t £50.000 originally. She would denreriafe 10 per cert-, in value each year. Th:« closed the case for the prosecution.

T?ef-'~p trie de r ertre was onened G'ptnfri recalled .-"id under examination bv "Mr Han'on said that he had nerer a sai'ins ve--?' before he took rn' of the Ariidi:e. The yarhr grounded on a on "nnryrtay Island, bnt came off nTI right. Kerry was not o-i hoard s>.p orr.nnded. no daniase *t"~s done. "Mr Skerre't. in op°ninc for Kerrv. referred the exfraordinarv fact of the a - '<>e=>r! agreement between Kerrv and "UT-m----ford so Ion? in posse«si">n of Captain Willis and the Crown witho*** beic discovered fr. 1,, „ forgery and M-'mford's letter to two davs after the verbal confession to Captain Wil'is in which Mnmford expressed reaTet that Olsen was not with tliem as mate. So far as he knew the . they might have cot along without teing wrp'ekei. Id reference to the let-

; <v written to Kerry and given to Captain ' Willis to copy, counsel drew attention to the fact- that "there was no record of the envelops and said that the letter was never intended ior posting and never reached Kerry. This -would be pressed in evidence. The Court resumed' at 1.30 p.m., and Mr Skerrett addressed the jury at considerable length. He called Robert Crouch, 'Harbour Board pilot at Oamaru, who said that with a south-west-wind the current off Waitaki river set rtrongly into the coast. When the Ariadne went ashore there was a moderate sea and half a gale of wind. The current would have been three to four miles an hour. If the yacht was .supposed to have sailed five miles an hour for three. hours owing to the current she could not have gone half that distance and would have travelled north. The current would put her inshore much faster than she had pons out if Mumford considcrsd tiiM-fc the yacht was 20 miles off the coast he could have safelv gone on the port tack for two hours according to his calculations. Witness went through the wreck. She was a thoroughly well built ship. The coast was dangerous and many wrecks had occurred. The beach could be seen four or five miles out at sea.. The sails were spread out on the grass when he saw them and seemed to be in good condition. Some were nearly new and there wa.= plenty of them. The rigging was >grrod and complete. The value of the yacht afloat would be from £15,000 to £20.000. The yacht's blocks were extraordinarily good. Mumford either did not take the course described or could _ not make the distance. If he had followed ! that course he should have picked up Cape Wanbrow light four or five miles off the coast. He would not himself go nearer than three or four miles to a coast, if he had to wear ship. Peter Palleson, master mariner, Timaru, corroborated the previous witness as to the effects of the current. He saw nothing in the facts of the_wreck to pointto wilful wreck. He saw the wreck, sails and x rigging. All were good. He bought' some of the sails himself. The yacht was very well built, so much better than an ordinary vessel that he was not able to estimate her value.

Captain Hugh McLellan, adjuster of compasses, colonial pilot and marine surveyor. said tbat the coast was dangerous and tjie curent such as would take a yacht inshore twice as fast as she would go out. G. F. Spooner. master mariner and naval architect, valued the yacht at £6OOO or £7OOO. Had bought a. yacht for £9500 and insured her for £15,000. He did not think £IO.OOO too Inch an insurance for the Ariadne; £20,000 would. "Walter Linlev Thomson, solicitor of Sydney, said that in April he was acting for Kerry. Two men named Day and Olien called on him wanting to see Kerry. Olsen said that he wanted to get some money from him having arranged with him to wreck th» Ariadne and to receive . r 6 a month, till she was wrecked and £2O after. Witness said that such a proceeding was extraordinary. Day said that he had heard of such an arrangement. Kerry was then in New Zealand.

John Glen. A.8., and Clement Egert'on Wragge gave evidence that the goods removed from the yacht in Sydney were oiily Kerry's personal effects—some rifles, whiskv and a barometer.

The" Court then adjourned till 10 o'clock next morning.