THE TUCKWELL CASE.

Taranaki Herald, Volume LVIII, Issue 14324, 29 September 1910, Page 7

THE TUCKWELL CASE.

NEW .EVIDENCE HEARD. Per Press Association. WELLINGTON, Sept. 28. The case of George Tuckwell, late of Tinakori Road, Wellington, was again before, Mr. Justice Cooper at the Supreme Court to-day. The case has been before the court for some years, the public having made application for a direction as to the disposal of money due to George Tuckwell under the will of his father. The amount is , £897 13s lOd, and in 1905 the court decided that it should remain in the hands of the Public Trustee until directed otherwise. Advertisements were ordered to be inserted in Australian papers, inquiring lor George Tuckwell, but, there was no response, and a further application as to the disposal of the money was made. In 1908, further inquiries were ordered, but there was no result.. Last 1 ebruary, a further application was made and the court considered that it ought to presume Tuckwell dead, and such ah order was made, the court presuming that Tuckwoll’s death occurred within'seveii years after 1884, that he died unmarried and intestate prior w> the coming of age of Valentin© Tuckwell, his brother. .The court stated that unless an application was made within six months to rescind the order the Public Trustee would pay the fund over to the parties entitled to it. On George TuckweU’s death, shortly after this order was made, Mr. Justice Cooper was in Auckland, and a solicitor representing a man named Gillespie, a brother of Robert Morton Gillespie, waited on him. Robert Gillespie’s name had figured largely m the affidavits produced in court. Ino solicitor said that ho would ho able to adduce evidence to show 7 that lucKw 7 oll was alive, or at any rate, that ho had been alive much later than was stated in the affidavits. His Honour then decided that the order ho had made should remain in - suspense sine die. An affidavit was filed by Robert Morton Gillespie (who had been accused in the affidavits of , other persons or personating the supposedly deceased Tuckwell), in which lie said that ho met George Tuckwell in Cobar Now South Wales, in October, 1900. Tuckwell disappeared from Cobar in April, iJOL. In May, Tuckwell was supposed to be at Yerong Creek, near Wagga Wagga. When the case was before the court last month it was suggested that as there was no evidence that George Tuckwell had' been seen since 1901 his Honour might grant administration of the'estate, but his Hon-, our said he could not do that as luck-, well might still be alive in some other country. His Honour said the case could not bo decided on affidavits, and it was further adjourned to allow Gillespie an opportunity of vindicating himself anti the other side to crossexamine him. When the case was called before nis Honour Mr. Justice Cooper to-day, Mr. Stafford represented the Public Trustee Mr. F. E. Petlicrick the Tuckwell family, and Mr. Blair, GillespieRobert Morton Gillespie was called by Mr. Petlicrick, and in answer to questions traced his movements by aid of diaries from his arrival in Sydney on M,av 6, 1808, until he left Cobar in 1901. Ho mot Tuckwell in 1900 in Cohar.' In answer to Mr. Pethenck witness said.that he did not seek Tuckwell. Tuckwell declared himself in answer to a question from witness, .Tuckwell was then supposed to have. died m Queensland. He never had Tuckwell on his' mind previously nor discussed Tuckwell with his .brother. He know Tuckwell and his father. When witness first knew Tuckwell witness was a child and Tuckwell was'then, a man. Witness previously explained that lie ‘changed his name at the request of his brother for business reasons. His brother had been known by the name of ■Grey, and he thought it would save a lot of bother if witness took his name. Ho met George Tuckwell on October 18 at Cobar and had tea with him at the camp. Witness wrote that day to his brother William. On November 11, 1900; in the evening- ho entered in his diary that Tuckwell was to visit the camp on the morrow. On tho 14th there was -an entry to tho effect that Tuckwell offered to finance witness on an expedition to the White Cliff opal fields. In April, 1901, he had entered: “Saw -G. Tuckwell re N.Z. ■ affairs.” Tuckwell was then boarding at Lawler’s Family Hotel, Wrightvillc, Cobar, and witness was in camp at the Occidental Mine. Referring to the meeting with Tuckwell on October 18, 1900, witness said that it was a very hot day, and there were about twelve men on Lawler’s verandah. They wore discussing the weather when a man (Tuckwell) said '.in effect: “If, Cobar had tho climate of New Zealand it would be worth living in.” The man subsequently mentioned Wellington? and witness inquired whore ho came from, and ho replied Tinakori Road. Witness asked his name, and the man- replied Tuckwell. Witness said, not George Tuckwell? Tho answer was yes. “Why,” witness replied, “you wore dead and buried twenty years ago.” He asked witness his name, and witness replied, Grey. They had a drink together, and Tuckwell remarked that he did not remember Greys living in Tinakori Road. Witness then told Tuckwell that his name was Gillespie, and ’Tuckwell remarked, “My word, you are like your mother.” Subsequently they went to TnckwelTs bedroom, and Tuckwell produced a handkerchief in which was wrapped his parent’s marriage certificate and a Now Zealand life insurance, policy in favour of Tuckwell. Ho also slibwed witness dome trinkets which he said wore his mother’s. There was a kind of silver watch-chain which Tuckwell gave witness as a memento of old associations. 7 Mr. Potherick: What wore the old associations?

Witness replied that Tuckwell had known all of his family. Those on the verandah could hear the convresation between, witness and Tuckwell. When they were in Tuckwell’a bedroom they were alone. Witness named several of the men who were on the verandah at the time. Lawler, the licensee of the hotel, was present, besides a sergeant of police. He did not think Sergeant Cameron »was there. Witness could not say why he asked Tuckwell if his. name was George Tuckwell. It was the first name, that came to him. He knew there were many Tuckwells in Australia. He knew one in Sydney, but , that part of Australia, (Cobar) .was considered the never never land, and was the most likely place to come across an absentee. Witness inquired of Tuckwell where he had been all these years, and he replied to the effect that he had been knocking about. Tbckwell did not: strike witness as being flush of money, but, did not apnear hard up.' Tuckwell said that ho had been married, /but his wife was dead, and that at' one time ho was farming at Narrabri. Witness thought that ho did hot have more than a dozen conversations with Tuckwell during the twelve months ho was there. Tuckwell was working as a carpenter at the Occidental Gold Mine, and wit-

ness had seen him there, but did not know him. When in Tuckwell’s bod.room they spoke about witness’s family, and witness told Tuckwell that his (witness’s) brother George had been in business for many years in Cobar; Witness gave details of. tho conversation with Tuckwell, who related to witness happenings in Wellington before witness was born, and also matters concerning witness’s family. Witness subsequently asked Tuckwell his age, and he replied that he was _42. Witness thought, he was over 50; he looked it. ; Witness saw a life insurance policy in Tuokwoll’s bedroom.- Tuckwell said it matured in 1898. Witness- asked Tuckwell how lie mado his payments, and the reply was that ho had made payments through Mr. Quick, solicitor, Wellington, and that the bonuses kept it floating until if matured. Witness said he knew that Tuckwell was entitled to money under his father’s will. He thought that the estate was wound up then; as at Christinas time in 1897 he understood that one of tho sons had received his portion. He told Tuckwell 4 of this money, and asked him if he had received it. He replied that ho had not, that ho did not want it, and ho supposed that it had been shared amongst his brothers who wore more entitled to it than he was. Tuckwell made the remark that it ho'had his way, May (a sister) would get tho lot. Gillespie was further cross-ex-amined at some length. The csiso was not concluded when the court rose.for the day. WELLINGTON, Sent. 29. In the Tuckwell will case to-day counsel for tho-family stated that ho would withdraw allegations against Gillespie of- fraud and impersonation. It- was considered that Gillespie himself had been imposed upon by an impostor. Mr. Justice Cooper said he had received a telegram from Auckland volunteering to give further information. To enable sender to attend the court the cast' was adjourned till Friday. The Judge remarked that publicity had produced two witnesses already. One of the solicitors in the case commented that it had also produced costs.