HOW THE TRUST OFFICE WAS ADMINISTERED.

Evening Star, Issue 8554, 29 June 1891, Page 3

HOW THE TRUST OFFICE WAS ADMINISTERED.

Io connection with the Dallotf estate, the Rev. Mr De Castro was examined as follows : , . Let us new look at the part you have played in connection with the winding-up of poor Mrs Dallon's estate, You were, com""**™ the 87th clause of the Administration Aot ?- You were aware that Mrs Dallon's son telegraphed to the Pablio Trustee, and afterwards wrote to jour office, asking that his f mother's watch and other articles might be kept for him? Yes You are aware of that. No doubt about it ?-I am aware he asked for certain articles to And those articles he asked the Publio Trustee to keep from his mother's effects were sold in March, 1890?-Yes; fifteen months after the death. ~. _ ... They were sold by the direotion of the Publio Trustee ?-Yes. . And they wtre in your custody up to tne time of going to the auotioo room ?—Yes. And by direotion of the Publio Trustee you sent them to the auotion room ?—Yes. And by direction ot the Publio Trustee you attended the sale of those tffeots ?-Yes, I did. You havfi no doubt about that ?—No. And by direction of the Publio Trustee you bought the watch belonging to that young man s mother ?—Yes. _

For the Publio Trustee? -Yes. For the purpose of what ? Why did you buy that watch for the Public Trustee?— For the purpose of closing up Nc, no. Why did the Public Trustee want that watch ?-To make a present of it.

To whom?—To his daughter. Then this watch that you, the second officer in control of the Public Trust Office, kept from the Bon of that poor woman whose estate you were administering, and you purchased it, you were the active person in bidding at auction for the Publio Trustee for a portion of your trust effects?— Yes. And there were two tings gold on the same day which were also purchased ?—Not by me. However, you bought Mrs Dallon s watch i - Yof Now, apart from your offioial position here, you hold a high and saored position, inasmuch as you are a gentleman in holy orders ?-ies, that is so. How long have you occupied the latter position ? -Since 1875. Now do you consider it consistent with your position in the Trust Office and with the honorable and sacred profession to which you belong that yoa should be a patty to a transaction of that kind ?—To purchasing for Mr Hamerton? Yes, to purchasing part of the effeots of a trust estate which the Public Trust Office, of which you, as one of its chief officers, was administering ?-I did not see any objection. Well, then, in view of the fact that the son was entitled by Act to his mother's jewellery, do you think you were justified in purchasing it either for yourself or for jour head officer, the Public Trustee ?—No; I think we committed an error. But, in any use, do I understand you to say you see no wrong in yourself, or the Public Trustee, or any officer of that sacred trust, purchasing parts of effects of estates which the office has to admini»ter?—l did not see the lightest wrong in it, or I would not have done it. Then, I feel very sorry for you, if that is your condition of mind. Now, can you tell me why this packet of lace-we will not go Into the question of value just now—was kept in the private drawer of your wrhlng table in your office, and out of the strong room ?-It ought to have been tied up with the others. Sometimes I do tie them up like that, intending to tie them up with the rest of the things; but I have not done it. Now, was it ever your intentioi to dispose of those packets of effects?-Not by auction certamly* • Would you havfi disposed of them privately If you had got an cffor ?—J{o. What were you going to do with them? They ought to have gone to the Bon. And the lacs alto ? -Yes. Now, you would be prepared to send them to the son ? - Ye?, if dlrecti d to do so. Have you any other effdota belonging to any c:her estates in ths same condition ?—I do not rhink so. You told us that you destroyed the private letteiß?—l must ask you to allow me to withdraw it.

We cinnot allow jou to withdraw it, but you may amend it. Are ' hese several answers you have given to the Commissioners in reference to having destroyed'the letters in t&»« estate incorrec* ? Yes. I was under, a misapprehension. I destroyed a great many letters, and was under the impression" I destroyed tboße which I sealed up. Sincß the Commissioners have opened up that little writing desk, and shown to you a lot of private letters, you now believe that you made a misstitement when you said you had destroyed th"m?-Yes; I made the misstatement in error—not Intentionally, of course. There they are as I received them. What other effects within yottr knowledge have been sold tn connection with estates at auction besides jewellery ?—Clothiug and furnir ure. It is generally c'othing and jewellery. Assorted clothing ? -Yes. Even 1 uch things as mu-ical boxeß ?—I do not recollect.

Writing deßka?— Yet. Musical instiumentß?-I do not recollect any musical Instruments. We have had captains' t fleets- quadrants, ("extents, »nd such like, Then y-'U h»ve had various kinds of scientific instruments ?—Yes. Instruments for navigation?— YesThere is no record of any of thone articles in any book in your office?-They are on the records of the estate, I think there were two instances of captainß dying. Then, y*u had assorted clothing ?-Yes. Have you sold any hob-nailed boots*—We have sold a great maty boots. You never had any orders to purchase boots of that chss?~Never. _ Did jou have orders for other articles?— Yes; jewellery. Do you think that it was right or proper, you being cognisant of the section mentioned, that you should have raised any question at all as to the legitimacy or otherwise of this young man?-Well, I think we should have had the opportunity of proof. ~, , , Do you think it was right and proper, knowing that section, th»t a question of legitimacy or otherwise ought to have crept up?— Yes; because that refers to payment to illegitimates. We gave him an opportunity of proving his legitimacy. What difference did it make whether he was legitimate or illegitimate, as to the distiibution of the tffects of Mrs Dallon ?-If he were legitimate there might be other children to divide the estate amongst. Did you make inquiries?-We never heard of any other children. Lo»k at this letter addressed to Mr Dallon, the father ol this young man, by H. 0. Wilkinson, lieutenant-colonel commanding the 16th Queen's Lancers, reporting to his father most favorably of his *on A. B. Dallon while In the r giment—The information I received was that there was one son. Kutyouput "supposed to be illegitimate : —Morrison said he suppoßed him to be illegitimate, too. . Now, how many articles In the various »nd frequent time* that yon have purchased atthose auction sales, in a rough guess, have you b -ueht ?-I could not really say. It goes back to* B * 3 - . . L v , I Thf-n you have been m the business since 1873?-Yes. Huw many articles have you bought—nfty i No.

Forty ?—I should say not twenty. Tou would sot swear that you had not bought twenty?-No, but not more, certainly, if so many, but I really could not say how many I bought. -.XI.*, What is ycur usual praofclce in intestate estates where you know next of kin exists? Do yon realise personal effects?—We should realise such things as clothing, boots, etc., which we should not keep in the offioe. Without any reference to the next of kin ? —Yes; but there have been cases where next of kin have written to New Zealand to say they would like the whole effect? of a son, or whoever it may be, sent Home and they would pay expenses. We have done so. , But €hen the sale must have taken place btfore the letters were received ?—We might not have received the t-ff eots. A man died in Wanganui who bad effects in Wanganui and in Ounedln both, and we sent Home the effects at the request of the father. We had not sold of course. We were told beforehand that the relatives would probably apply for them. You will attend at this office to-morrow morning sgaln?—lf you want me. Will you open that sealed packet; it is sealed by you ? [ Witness hesitated, saying he thought he should get the consent of the Public Trustee before opening the packet. The chairman directed the witness to open the packet, and it was then opened by him, and disclosed a number of letters addressed to the deceased Mrs Ballon]. On the same subject Mr Hamerton was examined as follows : The Commissioners are still on the estate of Mrs Dalloo. The more it opens out, and the more that information Is eVolved jfrom the dealings of and In oonneotion with the FuMlo Trust Ofiice, the more astounding the jevela-

i tlons become. Now, are you »»«• J 1 **" \ there in any Aot or Motion of an Aotjtiviog you : the power to hand over to or give the benefit of estates to illegitimate children ?- Yes} the Administration Act of 1879. ",..«*«. Is that mandatory, or does It provide under certain eiroumstanoee?—Under certain circum--8 Then you do not think it ta mandatory ?-I should take it to be mandatory if the circumstances would meet the oase. Do you remember what the circumstances are?— Ves. r „ „_ ... I wUI read you the clause. [Clause 37 of the Administration Aot, 1879, read.] Well, now. is not this case of Mrs Dallon directly In point.' ■"■ Yes Well, then, can you tell me, under those ciroumßtanoeu, why you disregarded her sons letter—first his cablegram, then his letter in reference to that portion of his mother; s eßtate, the j«wellery, etc., asking that it should not he sold?-I stated yesterday there had been an unfortunate oversight, and I see it more now; but the young man haß not produced anything to show he is the son. But yon have admitted it. You are aware that you have .admitted over and over again that he 1b the sen. You wrote to him about his mother's death. Are you not aware of that ?- I have no doubt of it. ~.,.. Then, looking at that section In the Administration Act of 1889, does this not seem to you not only a hard case, but a very outrageous one, so far as the treatment of this yoong man by your office ?—lt has been unfortunate, no doubt. It arose, undoubtedly, from overlooking that provision you havj just read. Has it not been more than unfortunate when you consider that the very articles of bijouterie that this son in a distant land wanted to obtain, to preserve and keep in remembrance of bis late mother—his mother's watch and other things—that, in spite of his very proper request, made firstly by wire, followed up by a nioely-worded letter, you not only rush these eff»ots to auotion when it suits the whim of vourself, the Public Trustee; and your chief officer 1b commissioned to go to the auction and buy the artioles that the son so dearly and affectionately prized—his mother's watch among them?-He shall have that. , ... , That, at this hour, has nothing to do with it. I ask you whether it is your opinion it is not worse than unfortunate ?—No, I cannot cill it worse than unfortunate, because it arose out of not having in view that eeotion. Why do you hold this position, and having had the advantage of a [legal training.?-Oh, I cannot excuse it. Then, Mr Hammerton, I am not going to mince matters. lam golog to put it straight to you. Do you not think that transaction b absolutely dishonest ?—No, I cannot think it. Well, I do; I call it dishonest, and that isj my opinion of it.-[No answer.] Knowing that section in the Administration Aot, do you not think it is very improper that any question should have been raised of legitimacy cr otherwise of this young Dallon?— Well, without looking at the papers, I am not aware the question was raised. You shall see his letter. You admitted after reading his letter yesterday that he did make the request?—l do not know that I raiaed any question of legitimacy. If you look at the pipers you will see that you put "Supposed illegitimate" on them.— [Witness referred to the paper.] It is only the papers only; it is not given to the'outside world. The information is given to young Dallon and other persons who never suspected it. If there wa« no question of legitimacy raised outside the office why were his mother's things not forwarded to him ?—I see no reference at all to illegitimacy in my letters to Dallon. Were you satisfied that this young Dallon was the son of the intestate lady ?—There is no reasonable doubt that he was.

i he letters received ac the office show that he was the son ?—Ye*. Then, why were the things not sent to him without any comment at all. He was entitled to these things, legitimate or otherwise?— Yes. Why were these articles not forwarded to him without any comment?-We always ask for proof of birth, iu order to show that there is the relation of mother and ohild.

Well, Mr Hamerton, you had two auotlou sales In connection with Mrs Gallon's estate, and yon have now left over two paokets. This lace was in one packet, and this writing desk, photographs, letter*, and so forth—little et ceteras were in the oth»r packet. Why were these not ssnt to young Dallon?-We wore waiting for a reply to this letter:—"Your ci iim to the residue as sole next of kin cannot be CKiaWibhed without proofs of kinship." Of course, this is based on a misapprehension—ignorance, tn fact—cr oversight of that olause in the Act, Now, can you seriously tell me that Is a proper answer from you who have had over ten years'experience in this ottice?-It is unfortunate, sir, but I tell you the tiuih. Had this Commission of inquiry not taken place these articles belonging to thiß estate would remain in these packets for how long ?■— \Tntil we had written to the gentleman again. And when would that have ocourred?—lt iB impossible to say. Do you think'ever!—l do not think we should, unless we had some news either from him or of him. Was he ever likely to write to your office again, looking at the way in whiohyouhad previously "bluffed" him?-I cannot think that there was any " bluffing;" Well, what is that last letter you wrote? Rtal It {istain. "Until he has pnved hU legitimacy? "-No 5 kinship. Is that hot the same thing? Do you mean until he proved that this woman was his mother ?-Yes. After you and your chief clerk admitting she was his mother?— Yes. Are you aware that this packet of lace, whioh was tendered to you hy Mr Morrison, and afterwardH banded by him to Mr De Castro, by your direotiouh, was in the casket of ]9wellery ? «I am net aware. Are you aware that this packet of lace was kept baok from the laßt sale ?-I was not aware, except I see it here now. And are you aware that this packet of lace could not be found in the Bafe where Mr De Castro said he kept it, and where it ought to have b .en yesterday?-No, I was not aware. Then you were not aware that Mr De Castro produced it this morning ?-He had it in his hands this morning. ...... Are you aware that he only produced it this morning ? -Yes. Are you aware hifl Btory is that he has had It keeping all these months—more than twelve—in one of his private drawers of Mb writing table in hiß office ?—I am not aware of that. Very well. Now that you are aware of it, is that proper conduct in connection with the custody of effects in any estate?—l do not think It Ib. Nor I; I think it outrageous ?-[ao reply.] THd you go through this correspondence at all?-No, I did not. Would yon mind looking at these two letters of Dallon's, in addition to thos?i he has forwarded to you? [Letters produced.] There we a number of other lettere there 5 you might iuat glance at tbem. Look at these letters. [Handed to witness.] Have you any doubt at al!, after looking at them, that this young man IVallou is the son of the intestato?~l have no doubt of it now. Then, had you read these letters, whioh you ought to have done before, you would have been perfectly satisfied you were dealing with the son of the deceased woman ?—I should have been perfectly satisfied of that. What has beoome of the money whioh was obtained from the sale of theße attieleß?There is L 33 3s 9d to credit.

Yet yon wrote at one time to say you would Bend certain things on his paying expenses, did yr.u not?— The box of his own clothing, he was told, would be sent on payment of expenses. Had you not money in hand to pay these expenses ?—At this time I was under the impression that the young man did not take the But then you had not read these letters No. Which letters had been long in your possession, but not on the file ? hj that a proper way to keep important Information belonging to an estate?—l\o; they should have been on the file, # la it not possible that other estates may be in the same position ?—lt is not probable at all. But now you would not say it is not so ? I would not. • Have you wntten to this young man in Queensland tojaay tbat there is so much money of his in your hands ? -No, but I shall do so. > ' Since your attention has been called to it?— Of course. ' Porbaps you will hare a difficulty in finding him.— [Ne answer. 1 * ,; Ihe Bev. Mr Pe Oastro had read these kttors, because he told us he had destroyed them. He told ub yesterday that he had destroyed them all, and to-day he told ub his statement was incorrect 1-[No answer.] Mr De Castro also stated in his evidence that he threw the entire responsibility and onus of the refu*al-the jewellery and mother's effects —to the son upon yourself ?—There is no doubt I am responsible; no question about it. There has been an unhappy oversight, So that when an estate ooro.es into the office i you have usually left it to Mr De Oastro to i peruse any private correspondence he may discover, and leave it to him to prove the legitimacy ? -No, the solicitor is the officer who is first Have these documents ever been referred to the solicitor ?-Not that I am aware of. Looking at the many facts revealed to you by the Commissioners in oonneotion with this estate has pot this young m»n in Queensland very grave cause »f complaint ? He has. Is it not a very ornel ca-e?-I think it Is. Why was this desk retained Why was it

not disposed ofwith the other effeota and the lw»?-J!hey should have beeii d!ipo»ed of, but were not, fortunately, as it happens, because now they will be sent to Ballon. ...-„_ Mr Laraaeh asked you just noirwhether any more estates were la the same condition, xou see It raises suspicion on many °th e rfc-<-Ko doubt I believe honestly there la not another You would have honestly believed before we came here that there was no such estate i—i should have believed it. Xam astounded. ■ Well, you tee the confusion your office is In in that respeot ?~As regardsi this' ftate. And any estate with regard to the particulars of Its personal assets ?-Yes; It Is so. I have gone through the papers oarefully, and I have no reason to suspect there is the slightest ground to consider that this young man was the illegitimate son of Mrs Dallon. I wish you would go through them too—Then, If so, how account for the youth not famishing proof ? Bead that letter. [Letter from Lieutenantcolonel Wilkinson to A. B. Dallon's father again read.] After reading that letter would you not consider that the son was legitimate? —Yes, looking at this letter I should,