TUCKWELL MYSTERY.

Dominion, Volume 4, Issue 934, 29 September 1910, Page 5

TUCKWELL MYSTERY.

GILLESPIE'S EVIDENCE. ACCUSATIONS WITHDRAWN. IS GEtiEGE TUCKWELL LIVING? The questions whether . George Tuckwell is alive or dead, and, if dead, when he died, were the subject of further inquiry before Mr. Justice Cooper at the Supreme Court yesterday. George'Tuckwell was the eldest son of the late Bichard Tuckwell,; of Tinakori Koad, storekeeper, who : died -in June, 1882. Not long after that George. Tuclcwell went to Australia, and he does not appear to have communicated : with his relatives since 1883. The Publio Trustee repeatedly irom 1905' onwards applied to the Court for directions as to the disposal of money placed in his hands• on behalf of . George Tuckwell, under the will of his fatner. Oil each occasion, the Court .had withheld- the order and. directed that further- efforts should be made to discover the missing man. At last, on February 4, 1908, Mr. Justice Cooper made an order presuming '; the ueath of George Tuckwell, and that he died .intestate within seven years , after 1884. This would be prior % to the coming of age of Valentine, youngest brother , of George Tuckwell, at which date the estate ■ was to bo distributed according to the will.- His Honour, however, suspended the order for sis. months, and • during that period .'some fresh. and surprising evidence. came to light. , A man nimed llobert Morton Gillespie had been frequently mentioned' in affidavits filed by. certain of the Tuckwell family, and had been indirectly, accused, of- personating: George Tuckwell and forging his signature. On the case-receiving publicity last - February,-. Gillespie, -whose whereabouts had been regarded- as .a mystery, began to take a hand. .Affidavits sworn by him went to show, that he met and talked with ; George ■ Tuckwell on October 19, 19(10, at: LawlerV Family Hotel, Wrightville, Cobar, New South: Wales, and ' that Tuckwell showed him some papers, including, an official copy of . his parents' marriage certificate, a New .Zealand Government: life insurance policy, in favour of himself, some family photographs;,and some trinkets, ; including' a silver watchguard which he said had belonged to', his mother, and which•. he then- gave Gillespie. • -' Further' details_ of intercourse.-: with Tuckwell were .in Gillespie's-; afii", davit, which also contained "a statement that Tuckwell. disappeared - from Cobar about the middle -of April, 1301, and inquiries .made -by deponent failed ; to elicit information as to his'whereabouts.: ,The Gillespie and Tuckwell families had been well known to each other in Wellington, and It. 11. Gillespie had interested himself; in George Tuckwell's claim; which the * later did not" (accordingto Gillespie's affidavit) seem 1 to care about. I Gillespie returned to Wellington in August, : 1901, and interviewed members of the family, who his story. ', :. ~' '. ' Having. Tead this affidavit, Maurice Septimus " Tuckwell, of -Wellington, brother :of George Tuckwell, swore another one, in which he stated that, neither he nor any member of the family believed -that his brother George was alive at any time subsequent to about' '1883; when thoy last heard from him. He also said that the interference of -the Gillespies in their, family affairs was; mischievous and unwarrantable. -EobSrt,Morton Gillespie had, told him that ho would block ..them in getting; the money. " ;■' : ■: Gillespie in Court.. v .. With' 'these ■v'^^fr";,i)^ore'v-Wm l "'"..Mr.;. Justice Cooper . cancelled tho order presulning the death of George Tuckwell, and made a fixture for the examination of Gillespie in Court.'■ -•. •' _ v. :■V' ; v' ; •In ■-' accordance .with.;' this ; . direction, Bobert Mortoh: Gillespie - presented' him-; self in Court yesterday morning. :■ Mr. B. Stafford appeared for the Public Trustee, 'Mr. F. E. -Petherick - for . the Tuckwell family, and Mr. A. Blair for Gillespie. ' The cross-examination. of Gillespie' -by; Mr. Petherick on the statements made' by: .the former; in his affidavit.-lasted'- all : day,: and: covered .-matters.: which., his. Honour 'characterised^:.as "meticulous :details." ;. :- 1 -" : , - ■'■■■'X "K: ■ -vV. Keeping a Diary. The witness said he was at .the" presenttime a farmer at Matakohe) "in the Auckland district. He - was :born-in '1872, ; and went\ to Australia in. 1898. He stated in the course of the lengthy 'cross-examina-tion that ho-had kept a diary ever since ho was nine years/old. ...j .-... ; Somo 'of the volumes of the diary wero produced,. and witness used: them .to re-' fresh his. memory. He said that ho' was not - looking for -Tuckwell;, nor thinking of him, when the latter. declared; himself" : at the hotel atVCobar. - He knew', that-,-he ~ was supposed to be ! dead.\ ':Urittt; that .time ' witness had ■ since ■he (witness) was" seven or'"eight years of age, .Tuckwell::.being.:; then ': a, grown mau. .-.-V- ---:■ Witness - gave - details of; a conversation between. himself and. Tuckwell' in the' hotel:' on fawny affairs.. He also said that Tuckwell snowed him an insurance policy in. his own name, saying'that ,it had: matured in .1898. Witness did not see.it, nor:the other.things, again, except the-chain. '. Mr. Petherick: What did he say about the chain ?-tI : understood him to :say it was'.-his mother's. l .:' ' . Why did-he give it to yon?—As a memento .of "old associations. I and the Tuckwells - were practically up together. . . : Did he not tell you the chain was his wife's?— No. . Did . yon afterwards tell anybody that he' said it had been his wife's?— No.' If three persons swear that you told them it belonged, to George Tuckwell's wife what would you say P—l would: admit that. I"'must"'have made, a .'mistake.':". Charges Against Gillespie Withdrawn. After further .cross-examination, Mr. Blair said that the-affidavits filed on behalf of. the Tuckwells had contained a distinct charge of fraud, against Gillespie, but that could bo disproved by showing that" ho' was: not in .'Australia in;-.' 1893,. when money had been sent; there; for George, Tuckwell. It had also been suggested that his client .never , saw .George Tuckwell at Cobar. He asked that those two acousations should: be .withdrawn; :-' k -. , After somo discussion between Bench and Bar, "all three .counsel..taking part, Mr. Petherick said 'he now absolutely withdrew the allegation that . Gillespie had attempted to personate Georgo Tuckwell. Further, ho would'now admit that Gillespio saw in 1901'. a 1 man who claimed to be George Tuckwell, but ho was not prepared to admit that that" man was. George' Tuckwell,' though he might ultimately. be forced to the conclusion , that: he was. He was also prepared to admit that he (Mr.. Petherick) could not prove , the. death of George Tuckwell; prior to 1901 by .any other, means : than the ." information already : beforo his Honour. ? Mr. Petherick also said' that it would be : proved that thero was only one Government life insurance, policy in, the name of George Tuckwell, and' that it never, went out of . New Zealand. -/-' Mr. Stafford' suggested that tho man whom Gillespie met at Cobar in 1901 might have, been a mate ■of Tuckwell's, who took his belongings when he died, and had learnt details; of his affairs from him. '• His Honour said , that one obstacle to that theory was a police report stating that the man named George Tuckwell'was living at Cobar at that time, and bore a very good character. His Honour also said that he could not presume that tho" Tuckwell of this case, if that were he, : had died since 1901. He had not written to his family for 28 years prior to that date, so the fact of his not writing to them since was no ground for presuming his death." He would not, however, decide the point until ho had further heard' and considered the evidenco. . Tho witness stated, in reply to a question, that after reading tho Tuokwells' affidavits ho had been inclined to think he might have been mistaken about having met tho real Georgo Tuokwoll.. Mr. Petherick: Do you: think that still? Witness: No. I can't possibly believe he was any other than, he represented himself to bo. . The case was' adjourned until 10.30 this morning. ;: r ■/