A ROMANCE OF THE IRISH COURTS

New Zealand Mail, Issue 1679, 4 May 1904, Page 58

A ROMANCE OF THE IRISH COURTS

HEIR TO PROPERTY FOUND IN NEW ZEALAND. The following romance of the Four Courts, Dublin, appears in a recent issue of the “ Irish Times” : Last week, in the Chancery Division of the High Court of Justice, before the Master of the Rolls, an interesting case Avas heard. The suit ay as entitled — Tn the matter of the trusts of an a- j denture of settlement, dated 20th October, 1858. entered into on the marriage of Thomas Oolclough AA'ith Catherine Reynolds; betAveen Mary Ellen Colei ough, Annie Maud Colclougli and John Rooney v. William Lyna-m, James Hogan, Thomas Cololough, and, by amendment, Bernard Garrard. Thomas Cololough senior, at one time occupied the pcisiti-on of stamp distributor at theFour Courts. He then resided at Finnstown House. Lucan, and at Mount Henry, Dalkey. On his marriage m 1858 he executed a settlement- conveying absolutely a fee-farm rent of £SO arising out of Finnstown and covenanted to convey the lands of A da ms town. In the years 1880-81 certain. rumours got into circulation as to fabrications in the stamp office, and sir-pi cion fell upon the distributor himself. The Inland Revenue authorities took steps to investigate these allegations, with the result that Cololc-ugh was arrested in the year 1881, and charged with having forged and uttered counterfeit stamps. He Avae subsequently convicted and sentenced to ten years’ penal servitude. On the night prior to his trial he executed' a deed by which he attempted to convey practically all lie had in the Avoild-, including his estate and interest iu the marriage .settlement of 1858, for tlie benefit of his second wife and other persons, the effect of which was that lie forfeited all his interest under the settlement of 1858. - He had four children-—two daughters and two sons. I he son Thomas was before the Court, but the eldest son John, went to Australia shortly after his father’s conviction, and it- now appeared that he ivas so much ashamed of what had happened that lie changed his name to Spain, which was his mother’s family name, and his identity became lost, the last heard of him being in 1893, when he- was reported to be living .at Gisborne, Poverty Bay, New Zealand. MeanwMe, the father having died, Air Rooney, avlio was a trustee of the property, brought an orginating summons to have the trusts of the marriage settlement- ascertained and carried out, and the funds distributed. The Court, however,, came to the conclusion that it would be impossible to carry out the trusts until there had been an .inquiry at chambers to ascertain who ivere the children who would benefit. Thomas Colclougli, the father, in his 'lifetime, said . he had searched Australia for his son, John, and could not find him. The solicitors for the trustees advertised in the usual manner for information as to the Whereabouts of John, but without result. Mr Rooney, the trustee, who is a very old gentleman, could not,-however, get it. ouit of > his mind that the young man was alive, and another effort was made to di'shayer his whereabouts. With the consent, of the Court an advertisement was circulated over Australia offering * ! £lG reward to any person producing satisfactory proof of the death of John J. Oolclough (or Spain).” A very curious result followed, a letter being received last June from a squatter named Thomas Todd, who resides in the Waimata Valley, Gisborne, New Zealland, stating that, he believed the person wanted had worked fora long period for Mr Julius Caesar under the name of Spain, and inquiring if the reward of £lO offered for proof of death would be paid for proof of life. This due was promptly followed up. It appeared that the right foot of the missing man was deformed from birth in a very peculiar planner, and a doctor who examined the: neivlydiecovered claimant reported .-'that he had found “that the right foot! of .tho said John J. Colclougli, more obmmonly known a,s Jack Spain, has a hammer toe

deformity of the great toe. Tliis foot is also shorter than the left foot., and in ray opinion the hammer toe condition is congenital.” Further investigation took pilace, and the identity of John J. Oolclough ay as established beyond doubt. The Master of the Rolls -said he would read over the documents in the case and give judgment On a later dray.