A STRANGE STORY.

Dominion, Volume 3, Issue 891, 10 August 1910, Page 7

A STRANGE STORY.

THE TUCKWELL MYSTERY. " IMPORTANT NEW EVIDENCE PERSONATION DENIED. : The' mystery' surrounding the dis- ~ appearance of George Tuckwell, late ■ of Tiuakori Road,' Wellington, was further, probod in the Supremo Court yesterday, before Mr. Justice Cooper, sitting in Banco. - - - - In this case the Public Trustee has : . repeatedly for several years past-madi ? . application for the. Court's direction as to the disposal of money placed in ■ his hands on behalf of George Tuckwell, eldest son of Richard Tuctavell, deceased, storekeeper,. of Tinakori Road. The amount duo to George Tuckwell on September 36, 1905, under the will of his father, was £897.135., V 10d. Stephen Lancaster had been' trustee originally, but the affairs of the estate were handed 'over to Public Trustee on August 19, 1893. Iu December,' 1905, when the' case first came before the Court; an order ..waa'! made, that Georgo Tuckwell's share of the estate should remain in the hands,. of tho Public Trustee until the Courtdirected otherwise. The judge' also ' gave instructions that advertisements should lie inserted in. Australian papers Witt a view to ascertaining the- where- ~ abouts of the missing legatee. : ; There' was no response to. these advertise-:' incuts, ' and the application was renowed in 1908'. Further inquiries wftre ordered when the, case came up, again on other occasions' between' 1908 and 1910; and the inquiries wero.made, but without , result. .• Finally, oii.'Eebruary 4 of this year,' his. Honour,: on the application being again renewed, considered that ho.ougut to presume:, 'iuorge Tuckwell to .be dead. ~-Ho therefore-made an order that the Court presumed tbe death of George Tuclv well, and that he died unmarried and intestate, prior to the coming of age of Valentine Tuckwell, his brother. The Court presumed that his death occurred within seven .years after. 1884. Hjs Honour stated that unless an application was made within six months to rescind the order the' Public Trus- ■ teo would pay the fund over to the parties' entitled to it on George Tuck- , well's death. ' ' ■ - ; v

' How Fresh Evidence Canie;;/:;,;,:', Immediately after making tho order, < his Honour went to Auckknd, and.tho' ';■ day after his arrival, there, the case '-; having then for the first time received & ." full publicity in the" newspapers,, he'.'; \.' was waited upon by a 'solicitor repre-. ■ senting a man named GilleSpie, a brother of Robert Morton Gillespie, whose: . name figured largely in the. affidavits \ •'.':'■■': which had been produced in Court. This - '":'■ solicitor told him that he would be abb , : - to adduce evidence to show that George o' , ; Tuckwell was alivo, or at any rate that' he had been alive much latex than was '-. ■'; , stated in any of the -affidavits. , ■ His Honour thereupon instructed, the! Registrar of the Court, that..the. orde'r..was to be held in suspense sine die. He ' also_ intimated to 'the solicitor' who" in- ; '•:■ ■ tef viewed him, as related, to communi-' - cate with the Public,. Trustee, aiid that was done. : ■ \\ . ■ ' This was.tho position wheu tho mattor was, brought before liis Honour last - week and adjourned until yesterday. > .. n!. A Talk Tuokwell., j, , '- In the meantime an affidavit hatl been filed by Robert Morton Gillespie (who had been accused in the affidavits of other persons of personating ' the "■ supposedly deceased' George .Tuckwell). In, this document ''Gillespie, (whose . . whereabouts had been, regarded'. as ! a mystery when the case was last gone iuto) described himself as ■ "of Uiie-' ■'■•■' hnnga, New Zealand,- mechanic". He ' stated .that he went tu Sydney in 18US, , and we.nt on .to Cobar,' .Nen;'',,South . : '• Wales in .May .of the same yoax.- - Hβ : entered inte. partnership;. there with,--i. ■',- his brother, und4r the style of Grey Brothers, mininc engineers. On :0c- : tober 19, 1000, ho niet George Tuck- ' . ■ weir at Laivler's Family -Hotel, Wright " \ '. ville, Cobar. On .finding that they both camo from Wellington; and knew some-' thing 'of each other's relatives, thoj. ■■■' went to Tuckwell's bedroom in tho ho- v ': tel, and, Tuckwell produced a bundle : • of papers including an official copy of :.-, his. parents , marriage, certificate, a New '.'.'■'■ Zealand Government lifo insurance poi- : :;. icy in favour of himself, somo pnotographs; and somo trniKets, m-..,-;.\'. ; eluding a silver watehguard: which ho '. : : 6aid had belonged to his mother, antl'; ':; which he then gave Gillespie as,a me^ , -■'.'■'.'■. monto of old associations. He then, . ■- told Tuckwell that his : younger , brother had.said -that, he had '-• '"'■ dicdinQueehsland and that they, had ; : ' advertised for news of him, but without, ';". result. He suggested to Tuckwell , .. that. - t hq.must havo been living under an"' >' : assumed name, but this he denied. Oil-: .: .'■ the money that was duo to. him beingV : , !'■ mentioned, Tuokwell said, "I did nob- , '■-'■'■, "■'■■ want it. I suppose it .has been shared , ■: butweon the rest. : Thev doservo .'-'it'.. \-i: more than I do, althougii if I had had" my; way, they would get tho lot.'?;';::-.';." They then, had a- long conversation , ' ■' about old times, mentioning a period ';'• when Tuckwell was in business as . a .-' . , : V grocer at Pipitea Point/- , 'lycbvell-told' v ■"'■'.'■:' him things ho had not ..known- 7 lfefora : . .: about his (Gillespin's).family; also that : : ho (Tuckwell) . had sold his Kaiwari'a : : property in 1893; Tuckwell said>'- : .ho :;' ' had written to: his brothers some years previously.for photos', but received ■.■'■.'.; only'one reply, and did not hear from i'~. ';:'■'■■' them again. . . i : . ,•:.""'■.

Not Anxious for tlio Money. ■': ' Deponent offered to. find out' how : ■' much money was duo to Tnekwell from; his father's /.'state. : They, went to Gil-! ■"'.'■:■ lespie's■■ cainji, aud Tuckwolrsaw ihmj;■"'-,'. write the letter inquiring about his* ■■ affairs. In November,, 1900, Tuekwell . ,; . offered to finance ar. outfit if Gillespso.' ;. ■; would accompany him to . the ..White ,- ■■' Cliffs opal fields. He did not appear Uij'' . be anxious about tho nioaey duo' to him from his father's estate. In March,; ;■'■ ■■■/. l'JOl, deponent received dofinite infoK. : ; . motion about the'money, due to Tuck-' -J , well. Ho told Tuclnvolr that he .<3>-V ■',■:■!■■' pected to leave for Auckland-in June,!! '. ;• 1901, to get married,'and Tuekwell r 'v; decided to give him a power of attorney!' '■:.;.■:. to receive his share of "the estate from;' ■/ the Public Trustee at Wellington, but,' - -:'■■ his own affairs being in a rather. ; bad ''-" position, ho was, unable to give ' mucli' more attention to Tuekwell , s affairs,; and did not obtain aoiy legal document 1 from, him! Ho met Tuekwell once or ' twice after March, 1901,. but - he dis-,' '". appeared from Cobar about the middle 1 ' '-. : . of April, 3,901.. Ho wired to -George'"'-.■'■'■'.; Coleman, solicitor, Wagga Wagga, on" ': May, 1901, and the.latter replied that Tuckwoll's address'was "Yerong Creek, near Wagga Wagga." He wrote to', him.at that address, but received.no; '...'.;. answer. Ho'also wrote to the police a* White Cliffs, but Kot no reply. .'■ Bach in Wellington. ' ! .. Doponent further said that Scrgeantv Cameron, of the Now South Wales ■ Police, interviewed him in May. 1901,... stating that _ Septimus Tuekwell ' was ', v making inquiries for his brother George. Deponent described George Tuekwell, ■'; and the sergeant said tho description : •'-.;■ was correct. Deponent returned to ~ Wellington in 1901, arriving hefo in> ' . August 16. Ho interviewed Septimus' ■ ■', Tnckwell on August .22, describing his /' ' meeting with George Tuekwell. ; Sep-' : ■:-. timus Tuekwell at once said that tho ; -V man ho had mot was. an impostor, and ■'• ":'!'■ asked him to; eeo Detective!,Brbberg,,'!;-

~ and brought the latter to.Tuckwell's shop on Lanibton..Quay.:...... ... '.. . ~ .', "Sitting by His Side." ; Tho detective- produced a letter in his (Gillespie's) handwriting, alleging that it had been ■ addressed to his i (Gillespie's) mother.. Deponent thought it was addressed to.his brother William. It was dated Cobar, October 18, 1900, and,istatcd... that George .'luckwell was sitting at his elbow, but did not know, who ho was. He could . not explain how the word/.'-'know" crept into • the.: letter, tit should have been "believe.". He gave, tho. chain ho had receivedV, from ' Ueorgo Tu'ckwell to Septimus'■Tu'ckwell,; .who claimed to recognisq'it as having belonged to his mother. -To show that tho man ho had met was. not an impostor, deponent wrote a letter to 1 him, registered it, and posted it in Septimus'Tuckwcll's presence. . It.came back through the deaa- . letter.office/ Ho gave Septimus Tuckweir the'names and; addresses of people at Cobar,. who knew .'that'' It. Morton Grey (the name', under which ho had passed while there),' and George Tuck■wellwei'e two different persons. DeWonent further stated that he left Wellington about-September, 1901, and worked at Porirua- * until May, 1902, when he left for Awatea, Jlarlborougli. Ho. returned to Wellington in September, 1902, and left for Auckland in Octobei, .where he roriiained until Sop- ■ tember,. 1904, when - he' left for Taumarunui..; He worked in tho King Country for the Public Works Department until July 31, 1906, when he returned to Auckland., He had lived in ■Auckland suburbs since July ( 1906. In February, 19,10, he received certain newspapers reporting this case, and referring to it as a "second Ticbborne case;"; He then -placed the matter in the hands of his solicitors. :'.'Cdrrdboratlon and Contradiction. ■ Geo.ge ; Grey Gillespio, of - Sydney, who described himself as lusiness manager, of 'a ■ limited;y;qnypany, 'had- also 'sworn, an affidavit, 'confirming■ portions of; the affidavit of his brother. Robert Morton Gillespie. He stated that he had been known as George Grey for tho; last 29 years, when away from Wellington. He .waa ; a:;wel!-known business man in Australia. ■..'. .. / ;. "■■: Maurice -Septimus Tuckwell/ one of tho Eons of Richard Tuckwell, the testator, having reid\ the/affidavits tf the two Gillespie's, swore another one, ■iriwhichho said: "I do not, nor does' ■any member of my family, believe that bur brother George was alive in 1903, or .at any time', subsequent to about ■1883, when m last heard from him'." Ho. also said .- Ijiat." the , interference cf the GJllespies, in their family' affairs wao mischievous and unwarrantable " .Robert .Morton Gillcapiei- had: told liim ■that' he would block them-' in getting the money. ■ ' ■■'. ■'. .. .-.:' ' . Remarks in Court. ;'">'

/. .< These affidavits: wore traversed by :.".■; Mr. 'Justice Cooper and counsel .in the ."" Court yesterday. •, y ■:■■': . ; - : .: • - I' T : Mr. '$.:%: Petherick appeared on ' b«- : ,; ; half.,of the family, and Mr; Stafford . represented the Public Trustee. • ■:. ..'■:.. • Mr.; fair (of ■'tho, office■. of -Messrs. ■;,. Chapman,-:Skerrett,' Wylie-and .Tripp) J said.he had been-instructed to appear ;■••;. ; for Robert 'Morton. Gillespio. ". ' : ■ - v : ;;;...: His Honour:., Is? the , Public Trusted ~: likely to raise any objection? ■.•• ' •'■ .. ■;; 'Mr.Stafford: We might ask them U> v;' Produce Gillespio hero. • ■ . . ~ ' ■ :;■:. 'His Honour said he had.-read, thp ai- •".;,. fidarits,■'.. and ithorc; was now bo much , : doubt about tho,case that:he'was not ■ : -'■■ .:■ prepnre'cl'.to : allow tho order previously .».'; 'nvado, to stand. Gillespio ought to'bo :-':- ■": cross-examined. : ' '.'-'■ \ '■■': :. Mr. • Stafford said' that if tlio Court :-.:, was convinced that ,tho new ; affidavits ..' : wero correct, there., could by no quesi.j-. tion.that George Tuckwell survived tbo :>:.■;■;coming'of age,of the i youngest child ..'.of the late' Richard- TuckwelT, and he ;.,: therefore bad a .vested interest, and j.. the other parties must take oiit ady>', ministration of his estate and must -,V. show that he,died intestate and without ■'■'; :.' ivjfe -or. child .before his share of the -.:■.■: .money-,left by their:father could bo ./.distributed. -, "■■['■ • . ■'• ...•;. . ■ , His Honour : The. first thing I propose ..,-.;--:to do js to cancel, tho; order T made j:'. last jPobruary. ■. , . •'■./•"■■> .-■■■■. : r'2^. : f' : '- ■" irrelevant Matters."■ ... :,'''. "Mr. Petherick-: I ask your Honour to -. . -remove the.affidavits from the filo on ■.',.''•;"■ account.of tho. scandalous and irrelematter which they contain: : '■■'■■■ ■■.";.:. His Honour: Certainly, I shall not ... -Temove them. ;, iWhy should. I? , :■■.;;• ■;■;■■ Mr. Petherick:'.-Certain..'clauses are ;,.■'. absolutely l 'irrelevant. ... . "."'/■''." ...;,':,; His Honour:- Thenv'-'-are irrelevant i'. imatt-ers. in various, other .affidavits, in .;- -■which the .name of: Robert Morton Gil- . Jespio bulks.very largely. ■ . ' . " '.'■;.;..Mr.-Petberick: I ask your Honour to ;v- / ;-,'ignora i ß.-M. Gillespie's affidavit. ••'■:,,■..'■ His.Honour': I shall not deal with ■; ■:" :matter that is not relevant, hut what ■\; v is relevant if the circumstances" wero •■ as stated is that, notwithstanding what / was -stated last February, according to '.. which; there .was' a presuiription . that "'.■;• George Tuckwell,died some time.be- :;: fore 1890, he was :still alive in' 1901: :■':,. Consequently, the bulk of Robert Mor.;,.toh: Gillespie's. affidavit is relevant. . ;! ; ~ Tichborne,Case Mentioned.. . : . -■' ..'.- Mr. Petherick' said tho affidavit 'al- ; ; : \ leged that one member of tho Tuckwell. family was associated with coiners, and '■:■ .that another person had beeii guilty :.. of immoral.conduct. .-■■ :: His Honour: I 'cannot remove tho , •'.'.•"• affidavit from tbo file. What you. want '.-"■ me. to say.isthat Robert Morten ■ Gil- . lespie-was personating George Tuck- , :■.: well up to 1900, and, that alibis state- •..;. ;ments as to matters on which'he con- ■ yersad with Tuckwell in 1901 are per- ■!..'. .juries. .;.. . •■ " ' Mr. No, your Honour, I : . don't ask you to say that..- : .'.. .', In further discussion, Mr.. Stafford ■:■."•'■' out that ; statements objected to ... by Mr. Petherick showed that certain ■ matters which Gillespio had said were :,/> .told- him- by' George.. Tuckwell wero ~ .things which only .Gcorgo Tuckwell ..'could'know. ..... ■;-.:.' His Honour: You are referring to a paragraph'about-a; conversation which ; ; he says he had., with George Tuckwell. ; ., ;Very much tho.:Samc|kind of evidence . '-.• was admitted in. tho Tichborne case.' ; . . Mr. Petherick: But this is absolutely •eontpdicted.; : ■ ■■ ' '.';• •' His Honour: Just 'so. It may or may not be true. That is no reason why I should refuse to admit the affi- . - davit.. It.is-'a>• very important one. . -The-caso is in an eminently unsatisfac-: tory position, and it is a very, extraordinary case.- The affidavits filed by you did not mince- matters. Those affidavits charged Gillespie with criminal offences—personating Georgo Tuckwell and forgery. ■ Mr. l'etherick: It did not go so far .. as.that. , His Honour: It did indirectly. ■ _ Mr. Petherick: Could wo have put it • in.any different way? "'. His Honour: I don't say you could. Administration Asked For. His Honour then traversed tlio. new ' affidavits, whicli ; are summarised above. ..V Mr.. Petherick suggested that seeing : .,'. .that there was no evidence'that Georgo lHickwell had been seen sinco 1901, : , Honour might grant administration . :"bf his estate. . , ;; His Honour said he could not do that. If Tuckwell was alive in 1901, and had not communicated with his ■■ : family-for so many, years, ho might still be alive' in somo other country. : ■ ,; - Mr. Stafford suggested that perhaps • .':B. M. Gillespie -"was -deceived by a \ ' pejson pretending to be George Tuck\"'J ttcll,' : ;.and was himself quito innocent ..;-.:■ ' of any intention, to deceive. -.-■■■ :■)■ '■.'.'. His Honour said it might.be so. .-• Not a Criminal's Behaviour. '■■/. '.;•.•.'-.' In the course of further discussion, r;,; .'Mr. : Stafford .emphasified the fact that

R. 31. Gillespie came out into tho open as soon as tho proceedings of last February worn known. In tlioso proceedings, lie was accused of personation and forgery, but instead of keeping quiet or going away, he came'out to defend himself. This ought, in fairness ■to him, to b» generally known. Criminals did riot usually come out into tho i open. : Mr. Petherick: We did our best to h'ntl hiin, His Honour: It was evident you didn't. succeed. An advertisement .in tho Auckland "Herald" would probably have found him. ■ His Honour > adjourned the further hearing of the case until 11 a.in. on September 19, .and stated that Robert Morton Gillcspie should be present to 1)6 examined. The case could not bo decided on affidavits. Gillespio was entitled to have an opportunity of vindicating himself, and .the., other side were entitled to cross-cxamino him. The.Public Trustee should pay his expenses out of tho estate. ■ ' ■ -The- order- niado last February was cancelled. ''~■' Mr. Fair said Gillespie would ho prepared to come, down from Auckland for the purpose on a few days' notice.'