THE ARIADNE CASE

Star (Christchurch), Issue 7295, 7 January 1902, Page 2

THE ARIADNE CASE

CHARGE OF SUBORNING A WITNESS. The magisterial hearing of a further charge against George Mumford, one of the men accused of casting away the Ariadne took place to-day, before Mr H. W. Bishop* After most of the evidence in. the charge of casting -away the Ariadne at tne Magistrate's Court in , December ihad been iward in. Christchurch* a special sitting at the Magistrate's Court was held on Dec. 19 of last year, on an application of -Mr Stringer, made under Section 344 of the Criminal' Code, for the purpose of hearing further evidence. Among the witnesses examined for the Crown was Annie Downing, who gave material evidence against Kerry, 6 Freke and Mumford. • Mumford was now charged— '"That, on Jan. 4, 1901, at Christchurch, he had attempted to dissuade a person, to wit, Annie Down- " ing, by a bribe or other corrupt means, from giving evidence in a criminal canse ox" ' matter, to wit, the prosecution^of, Thomas Caradoc Ferry, Eric John Hussey Freke and George Mumford, upon a charge of having cast away a ship, to wit, the eatf. ing yacht Ariadne." Mr Stringer and Mr Miles appeared fop the. Crown and Mr Harper for the accused. Mr Harper asked" for a remand for a week, as he wished to make further investigation of his case, the result of which ' might have an effect on the charge of cast- > ing away, preferred against Kerry, Freke and Mumford. In the interests of the accused, and in view of the unprecedented nature of the case, -he would like a remand for any reasonable time. Mr Stringer said he could not think there was any good reason, for making any adjournment: The evidence given in the case would be evidence in the charge of casting away. It was very important, in. the mv terests of the Crown, that there should be no delay.- Twp, at least, of the witn«*se» . did not reside in the colony, and their evidence must be taken here. ' Mr Harper said that all the materiarth© Crown might have, could, if it were damaging and true evidence, be used |n the Supreme Court with the same effect a* in the Magistrate's Court. Mr Bishop said there was no reason-, in his opinion, for an adjournment. Mr Stringer immediately called evidence. Annie Adelina Elizabeth Downing, 4!he wife of Alfred Downing, residing ia Waterlop, a suburb of Sydney, said she was a witness 'bound over to give evidence against the accused Mumford and others, on, a charge of casting away the Ariadne. S"he knew the accused in Sydney. On Dec. 31 last sihe received a visiting card from Muinford, with a pencilled invitation' to call at his hotel 'between 10 and 11. The card was given her by one Olsen, also a, witness / in the case against Kerry, Mumford and Freke. Went to the hotel between ten and eleven, and saw Mumford there, and ihe spoke to witness. Mumford asked !her to ■ come iimto the hotel, and witness complied. Mumford asked if witness would go out for a walk, but, witness refusing, Mumford obtained a cab, and tfihe two drove to New Brighton. On the road down he xc- , f erred to the Ariadne case. Accused had sa.d, "Do you know Captain Willis?" Witness said, " Yes, I met !him So a detective's office in Sydney." fMomford said he nad given, her £50 to come over to Christchurch. He said, "Well, this is no class, , he only gave me £200." Witness had. said to him, "I thought he gave you £400" but accused said' he Ihad only got £200, and was going 1 , to have a "dashed good try to get out of it." Accused and. witness then went on to ttihe pier, and witness asked whether Mumford would like to be out on the sea again and Mumford had said he would. When, coming* off the, pier, witness had asked: "Wai it anything like this where the Ariadne went in shore?" and accused had repKed, It was a shingly shore. I ran her on to ■. th<e beach as beautiful as ever you saw." They had then gone to Sumner, and accused ihad re-opened^the discussion on the case, and had said the accused were working very hard ito get off. Accused -bad said, "You ought to come on bur side, you won't lose anything by it. I would like you to see my lawyer. I have a lady's gold watch. I'll make you a present of it ■* two days before the case comes off. It cost £7 10s, and a young frcend of miie bought it for his girl:" They then return- - ed: to Christohurch, and 'Mumford asked witness 'to meet ham again next morning. Witness went to ttfe appointed place, bub ■•• Mumford did not appear at the appointed^' time, and witness saw him about half *an hour after at his hotel. Accused had said ■he could not see her that, morning, . bulb asked her to meet him, that night at the Oxford Hotel. Witness met him there, and he made* a fresh appointment for 3 p.m. next day, at a small hotel nsar the theatre! Witness then communicated wifch the police, and went at 3 p.m. to the : appointed 'hotel, 'biafc Mumford was not there. Witness, however, met him next morning, and he had again excused himself/ and made an appointment for 3 p.m. that day at the same hotel. ( Witness went to tlhe 'hotel at the appointed time and sat in a room.** Miraiford came in. When he' first cam© in (he said, "Do you know Marsack?" She replied in the affirmative, and he had , said, " He's . been following me about all the morning." She asked him how he knew, and he had replied that one of the other detectives .had' told 'him. Accused, then said, "We have everything fixed up all right. I've got Captain Willis fixed up grand. You know, he had no business giving me any money." He said he had witnesses to prove the (Mumford) ihad come > out of th© captain's office. She asked him who they were, and he had repliedi " Freke, Blake and a couple more." After further conversation, accused~sad said sb» and Olsen were the only ones not' on their side. He said he had offered Olsen £20, and be was too "frightened. v Mumford continued, "I've received T £l3o from Kerry, . and he pays all expenses. You wouldn't lose anything *by it. I don't ; ask you to take my word for it, but I'd take you to a good lawyer. You can say nothing about the £400 having " been mentioned, and) that . you heard no conversation and could make out you did not; know Kerry. I'll take you to a\good lawyer and take his advice. He will pay you m> much down and so much after the case is over." Mumford asked if she knew a certain firm in Sydney which had offered him £4 a week to go to Sydney. After a little more conversation, accused rose and wenfe to a corner of the room which had a curtain, saying, "'scuse me, I want to see what's_here." He went to the corner of the Toom and.- drew the curtain aside, disclosing the presence of two detectives. The detectives then arrested accused. Cross-examined by Mr Harper: She . knew Olsen, who was one of the witnesses, and who had brought Mumford's card to her. She had not seen Detective Marsack on that day, nor Detective Gowlder since he was giving evidence in, the previous Court case. She had previously seen Olsen and spoken to him in the street, but he ' had not said he was going to get Mumfoxd to see witness. Olsen had 'said, however, that he saw Mumford. Witness was ia the street when she received the card t and it was in the evening. Mumford had gone to the Oxford Hotel on the next morning, ,Jan>. 1. When Olsen delivered Mtunford* card, he had said, "I have a. card heft from Mumford. He wants .to see you W» morrow morning." Olsen had no^ *aia why Mumford wanted to see her. When she. went with Mumford to New Brighton- she 'hadj dinner with him, and a little champagne, but no whisky. No whUky was brought into the private room where she and Mumford had been sitting. After, witness came back off the pier, wthere she stayed' ten minutes, she had had a glass of schnapps. The bottle of champagne was a small one, and witness had had only half a glass. After leaving • New Brighton they had driven, to bum- , ncr, and had something to eat. Witness had half a glass of wine there, [ and they spent the rest of the , afternoon there, after which they returned to town and' went to the Oxford Hotel, where witness had * "lota*

itrice and soda." She did not sea the police before meeting Mumford next day, and she did not see Olsen. After she met Mumford ©uteide the Oxford Hotel, she went inside and had a glass of Echnapps. At neither of these meetings had Mumford alluded to tbe'ease of Kerry, Freke and himself. Before she saw him at the Criterion Hotel witness had informed the police. She was advised, by Detective Gowlder to keep her appointment. When she went to the Criterion Hotel, she knew the detectives were there. Witness had walked into one room, but the landlord of the hotel put her into a" different one— the room where the detectives were. Witness knew the detectives were behind the curtain before Mumford t came in. Witness bad not been instructed what questions to ae-^ although she had put all the questions. Mumford? had not suggested that the witness was putting - questions to him (Mumford) for a purpose. Munsford did not jump up suddenly and examine the curtains, but acted a£- witness had already described. Witness ihad only known Mumfordi as a customer in 'Sydney. James Dorwood', a clerk of a Sydney solicitor, Mr Hubert Jones, said he had been acting in Christchurch for Kerry and Freke. H© knew Mumford, and knew tlhe Royal Hotel in Oxford Terrace, where he met Mumford four or five days ago by accident, awt by appointment. There was no one present named Wak'h or Wraegg, nor was Freke present. Witness never met ac- ■> cused there on any other occasion. On the night of Thursday, Jan. 2, he met accused in the bar -.at'- the same hotel, but he (witness) ihad never seen accused in a room separately, and had^never seen him in the company of Freke or Walsh. Witness had some conversation with accused on this occasion, but had not referred to the evidence that had been given in the " Ariadne cases " that had been before the Court. '. Mr Harper at this stage asked whether the witness would- foe protected from ■incriminating questions. Mr Bishop said he trould protect the witness, should any question be put which he (Mr Bishop) judged might lead to incriminate the witness, and which witness refused to answer. Witness, continuing, said that Mrs Downing's name had not been mentioned in such conversations as he had with Mumford, but Olsen's may have 'been.* No sum of money had been mentioned by witness or Mumford, and the sum of £20 had' not been mentioned. The Ariadne case was only mentioned: briefly. The conversation between witness and 'Muinford lasted about half an hour. Witness never at any time at the Royal Hotel had: an interview with Mumford when FreSte or Walsh had been •present. Witness knew the Criterion Hotel, near the Theatre, and. was there on the afternoon of Satyrday, Jan. 4. Witness went in "to have a dorink during the afternoon at an hour he could" not specif^. He saw Mumford there, and met him accidentally. Mxranford came in' after witness, and the two drapk tbgetlhep. Mumford, on that occasion, made no reference whatever to Mrs Downing, and witness had been ignorant itsha-t would meet accused at, the fcot-el. Witness did not remember whether le had seen Olsen or not at tfhe Criterion., jut neither Freke nor Walsh had been with nun. Mumford had <m several occasions alluded in a general way to the Ariadne !|ase during the two months the witness had ■ een in Christchurch. Mr Harper asked the witness no quesuons. Detective Marsack " said that, in conse quence of information received 1 , he went to the Criterion Hotel l '<ra the afternioon of Saturday, Jan. 4, in company with Detective. Gowl-dlar, of Sfikiey. Witness and Gowlder secreted themselves an one of th» rooms behind a curtain. He remembered) Mrs Downing coming into the room. Mumford had shortly afterwards come m also,, and entered into conversation!: with. Mrs Downing. Witness heard 'Mumford say, "I went ito Willis's office the other day. I had four or five of watching me go there, and can prove I went. I'm going to say I was drunk when I made my statement to Willis. Kerry is., away dn Sydney now, and we are all on his side, acd he is paying expenses. The whole , trouble arose through;. my -not giving Kerry .time to pay me up the money. I feel sorry for putting poor young Freke away." Asked as to Olsen,. Mumford had said: "I tried Olsen, buifc he won't go back on his word. We'll do without him, af you'll be on our side. We «an all get out of it fine, if you help us. You remember ithat £400 mentioned in the conversation, and you needn't recognise Kerry. If you ihelp us, you can have half of it down- and (half of. it after the case is over." Mumford made a reference to De-mood, and shortly after went to the curtain and discovered witness. Witness had! stepped out, and Mumford said' he was only trying to get the tnrfh. Witness then arrested accused on the present charge. At the police station Mumford had said he did 1 "not know who were his friends, and- said that Kerry had told 'him that all he (Mumford) had to fear was a charge of forgery, and he would rather face that thai the present charges. The Court then adjourned until 2 p.m. After the Court resumed in tie afternoon, Detective Marsack, cross-examined by Mr Harper, said he never suggested to Mrs Downing that they should persuade'Mumford to go to the Criterion Hotel. He had not been shadowing Mumford all the time lately in Christchurch. He knew Mumford was going to the Criterion Hotel that afternoon, and had an idea of the purpose for which he was going. He did not know Mumford was $o be asked questions by Mrs Downing'on the Ariadne case. He had ""had uo reason to anticpate what was going to occur. It was simply from information received that he went to the Criterion Hotel, and he had not received authority from Mr Miles or anyone else to go to the hotel. Mrs Downing had been in the room a few minutes before witness entered and concealed himself. Mumford came in about a quarter of ami hour after- ■ wards. Witness was not certain whether Mrs Downing or Mumford' hadi spoken first. Mrs Downing had only put two questions to accused l , beside ordinary interrogations in conversation. He had not heard her ask anything about the " Inspector." He made notes in writing of urbafc he heard, and had afterwards written them up into a statement, which he never showed to Mrs Downing. The conversation between tihe latter and accused had lasted about half an hour, and had been kep^t up most of that time. He had seen Mrs Downing since she had been bound over to give evidence. When Jhe took Mumford to the Police Station he warned accused not. to say anything. , Mumford seemed 1 excited, but was not under the influence of liquor. Detective Gowlder, examined by Mr Miles, said he was detective in the New South Wales Police Force. He was bound over to give evidence in the Ariadne case. He was in the Criterion) Hotel on Saturday, Jan. 4, in company with Detective Marsack, concealed in a recess off a back room, which was screened by cretonne curtains. 'Mrs Downing was in the room when witness went to conceal himself. Detective Mairsack, who arrived first, was with : Mrs Downing. Olsen, a minute later, looked in for a moment while witness was secreted, and about ten smmutes later Mumford arrived, and remained with Mrs Downing for a* least twenty minutes. Witness listened' to the conversation between accused and 1 Mrs Downing. Mrs Downing said, "Well,Mumford, you see I've ccm«. What kept you ?" Mumford salid 1 , "What will you have tc drink?" 'Mrs Downing asked for schnapps, and Mumfordi then left 'the room, and returned very shortly. Accused 'then said, " You know, I've £ot to be very careful, ©■etective Marsack is watching me, and ii ' will never do for him to know that I hav-f seen you." Just about this .turn some petsons passing the room made sufficient noise to drown the conversation. Witness then heard Mumford say, "I want to have a conversation yfitih you afoout thf evidence, and, af possible, get you ovei to our side. We're all working together now— Ker.ry, Freke and I— and Kerry if paying all the expenses, and I have already had- from Mm a certain sum. (Mentioning some sum over £100, which witness did not exactly remember.) Kerry is over in Sydney now," continued Mumfordj .A* -

"and I don't think he'll be back for a fortnight, so there must be another postponement. If I can get you on to our side, things will ■be all right. lam going to make out t'^at when. I made that statement to Captain WilKs I was drunk, and 1 I shall be able to prove that since the Police Court proceedings I have 'received sums of money from Captain Willis. On one occasion I bad! 'three persons <watdhdng ..me, and 1 they saw, me go into the -building "wlrexe Captain Willis was." Mrs Downing said, " What about that evidence, that you were seen to ,go in and! have a look before you put the yacht on shore." Mumford replied, " Oh, ifchat is all right ; I fixed that up at the first inquiry. I made out I was tacking, and) I put 'her up on the shingle beautifully. All we 'had! to do was to jump out on shore. I've seen Olsen, trying to get him on our sidte, but he won't ..alter his evidience. We do not care co much about him, if w« can get you on our side. You need not say anything about our conversation, or +he £400 being mentioned in our conversation, and you need not identify Kerry. If you do ifchis, you will be well paid, and I don't want you to take my word for it. After what's • passed I would not expect you to take ■my word for much. I'll >take you to a solicitor and you can take his adyicey and he will give you so much down "and so much when the case is over. Dorwood, the managing clerk for Kerry's solicitor, is outside, the cove that Olsen has such a set on ; the man that offered him the £4 10s a weak billetf" He then said, "I wonder if tfhere'a anything behind' tha* screen," and with that he went 'to the screen, lifted it up, and taw witness amd Detective Marsack. Accused then said, "Whatfs this?" The d-etectives came out and said; they- had heard every word he, tod said to thte woman, and that he had put the yacht on the shingle beautifully. Marsack then arrested accused, and witness followed -them to the Police 'Station, and saw another man following. Thai was all he could recollect of the interview.