MORE LIGHT WANTED.

Dominion, Volume 4, Issue 937, 3 October 1910, Page 5

MORE LIGHT WANTED.

THE TUCKWELL CASE..,-,'.. MR. WALKER'S RECOLLECTIONS. | MARKS OF IDENTITY. , ■ ! Further interesting developments in the Tuckwell will case took place in the Supreme Court on. Saturday: morning, before Mr. Justice Cooper. The.promised statement .from Mr. Walker . 'was read from the Bench,: counsel for the Tuckwell family produced some fresh evidence bearing on. the question of identification of the missing man; and finally the judge directed that' inquiries' should be pursued in several quarters where, it appeared that more or less valuable information might be obtained. Tho Public Trustee was again sentedby Mr. E. Stafford, and the Tuckwell family'by Mr. F. E. Petherick. \ -...; :. Mr. Walker's Recollections. / < : Mr.. Petherick said thai since, the case was last before, the Court fresh information' had conle into his possession, and ho therefore wished to recall the witness Gillespie, and also to : call one or two other witnesses. Counsel ' also .asked whether his Honour had received j the promised information from Auckland.His Honour said he had: received, a: letter, signed;"M..Walker," like the ielegram which he had received in Court last Thursday. . He then, read the letter, the material portion of, which was : as .follows:— ' ,;.;■. '■''■■'■'/■; ■'..'••''.'•■■ "A man who said his name was : .- Tuckwell.: left Bathurst,:',N.S.W., . . ' early one Saturday morning .for;. Cobar. He left his train at Mulbon. ; Creek, a small Station seven or eight , miles, beyond' Orange:... When-her re-V, turned 'to the platform,, the. itrain had.gone, and he set out to.walk the -. fourteen miles to Warne, where he . intended, breakingj-.his: journey to. see ■. i some mining operations..'At the time.- : I-was'stationed at Orange,:and visited. Warne every quarter,.driving there.in " my-sulky. On the.; day. mentioned-: (March, 4901), I overtook Tuckwell'■--.:.. - about eight, miles 'from -Warne;; and .. he ;Tode in my.; .trap, the .remainder:., ' ; of- the journey.:; He told me his name : . 'was Tuckwell,' ; and-; later ..that r, : , he : . was' from Wellington. :' I questioned:. ; ■'•■ him -very closely about' New Zealand,;; 'for at .that time I i was .thinking rof -. : visiting the Dominion. ■ I do;not.know.. : ., anything of the'.case now before you, ■ 'and the man; I saw; may: not be ;the ; : ■ 'Tuckwell; whose.identity-is in;ques-■■:■■ .'tion, but I:deemed;.-it right to,let; you:,:. •;knowv; • Hence .my: wire..':..; :'■ The' -letter''Was ''dated.: "Wellington Street, . September 29, 1910." ; V ■'. .; , • Evidently ;a .Minister.:- -.' ;His Honour .said the writer was quite unknown "to .him,, but he' found'that the directory gave the namo of "Rev. Matthew Walker': as living: at the address ..which appearod;:on;theletter.: The.letter also appeared to have : been: writtenfby. /fi : minister, ;or: some ;one,Vin.'.an:official position.'-' :.r:*-:Sj<. ■:■;!.>.:.■.',•■'•■ .■;■■'"v:.''^'' ! "-' I- Mr..'Petherick: I have reason to believe it. is the' same: person.;•-•. .-';.,'.:',,: :"j ; '.His Honour, said- ; tho ..''"-writer'■ could evidently:, give .some'information-,; about the' man with whom; he drove -fourteen' miles' in' March,-1901.! !,.-.'; -: .•: -. ■',-.' ; V,'' Mr. Petherick:'. But^'accbrdinj?'-'-to,-Gil-lespie,'- Tuckwell was then in '.Cobar.;.. •, His -Honour: -According-to Mr., Walker ho .was going'to Cobar"and was breaking : '.th«' 'journey: a'fcf-Warne. •: It ~is:; extraordinary;: that ar man'who.' was swell ■ known to people ;in. Cobar,- and 'who was apparently the same; man' that Mr.'Walker met, -should, have so 'absolutely: disappeared that nobody'.can find .out .anything'more'about him; :A man does riot usualy leave and disappear''liko .that.:- :, :J/lay Tuckweir -be;fresiimed:Dead?,Y::

v;•Mr. ; Stafford: He; does, irhe.-is-'a-ficti-tio us: man,' he wants;; tp,. leave no .tracks behind- him'. ' The presumption .is ■ plain enough, I:submit.,'- The 'parties are. entitled to put. it, to. the": Court..that' after d - man ! has'.'.been absent; for, more.. than, seven years,';and,has not been;heard.of,' he-should bo ; presnmed;tobe.;dead.'.;,:■;;. His Honour: Unless. there -are...; some special circumstances .against "i tho;._'-pre-sumption. If this conveyance was- signed in 1893 by the real George Tuckwell—and I. understand 'Mr. ; Pethcrick-'practically admitsithat it was—then, there ~is.', the. fact that: George: Tuckwell',never-7 communicated with ; .his family .for many ■.'years prior to thatdate.. .',77 ; J : ; 7 i ". :-' ; '■'-■■■ Mr, Stafford suggested that Tuckwell anything before the time for.the distribution of his father's .estate; 7":7; " ; His- Honour: ■ If,, the:'.Pnblic '.Trustee, likes to7tako'!the ■matter .out;of the'.discretion' of the' Court,: TA can do:so,,.at.his own risk.. 7 .■ -'7./;-;.-;■-.. v-:-;."^,.' ■: Mr.:'Stafford?intimated that,the,Public. Trustee-would-not. d 0750.'.,.;:.;';-';;;;'■■ v 'His'Honour':'■■ Then, if the' responsibility, is thrown upon me, I, must take my own view, 7 even 'if both; .'counsel ■ agree,' : that George. Tuckwell ..is dead.'or isnot dead.;. •"' Mr.. Stafford:- If: your... Honour:; thinks George. .Tuckwell was; alive .'in''•l9ol,7no. order can bo' made, in .these prooeedingis; 7 .'His: Honour: ;That.is-quite clear.;;:.;;;'; ...Mr.'! Stafford: Thoracis; no. question that he. was then entitled,to-share in-the pro-! pertjy 7 ■- '..77\v;777; '7:! 77:77777;77";7--: Mr. .Pethcrick: .I,;have:.no.;desiro,.to; prossthe matter.'.. :-7' ,; 77: 777;77-:77; Mr. Stafford said he wished-to leaveit to the Court:'':' Itmight happen!that-there were:' children of.; George .Tuckwell7.who; would come- forward,; It.would-be ..best for the Pubjio Trustee, to be 7 able'to' shelter: himself-, under; an order ..of- 'the 'Court.'. " .77' ■'' 77-'!7!:' : -7-7. 77-7;;:;:;7.

"A Singular Omission."

: His .'Hoeoot. remarked that-it iwas..a singular omission,'unless : Mr. - Petherick admitted/ the genuineness, of the .-.ngna.-/ hires"'to the - conveyance of-the,, declaration' attached to it—and it had:been suggested j that they /'were':' nbt^genuine-^-that. no specimens of George TucKwell's handwriting: had been placed'before the Court. .' Mr. Petheriok:: There:_was,hisletter to Mrs. Auty,

His Honour:' But' two. or three .mem-borsdf.-the TuokwelL family say th«y/are v ','':l!o'.:you' say that that letter, is the only one of Tia9 in existence. - : ■_-;-'.-±.-~y.. - '■~_!■. -V.'! : -'-. !i--'.; r .

- Mr. Petherick':-.Yes, :ybnr'Honour. . , .. Mr. Stafford. sugsested • that', Mr..: Cole-; man (whose figured: in some:of ,the : affidavits and-; who , was: a .solicitor- and Mayor :of Wagga -Wagga) could throw some light-: on . the matter. '.Coleman seemed to ■ heive had' Tuckwell before; him in 1893, and Gillespie in 1903 made ■ inquiries ; froml'Coleman: hbout: Tuokwell. Perhaps' Coleman could, say -.whether' the' man seen in 1901 was the one he saw,: in 1893...- Gillespie had said'that he.'never saw Coleman.:-:- :., ' . :;:'-:: ; EobeTt -Morton Gillespie, who was. then in the witness-box awaiting... re-examina-tion by' Mr;. Petherick, 'repeated that he, had -never met -, Coleman. : - ;''.-■ '■'•'-■ Mr., Stafford:,;\Vby;did,you-:opmmuni-cate"with 1 him?- . ■' ' "•■■"'.•".'.-. Gillespie: Tuckwell told me he.had sold property throughhim.; ■:>,■ ■■;,'';-. :;, ;;: ; ; ;';':

Tiickwoll's Personal Appearance. V '• Mr. Petherick, after recalling that.Gillespie had ■ said he had -'..noticed; nothing rcmarkabje about."Tuckwoll's"-teeth, except thati they were rather small, asked him a series of questions about the personal appearance and physical marks of the man ho had taken;to be, George Tuckwell. -.'.'■■,■ ':'-..

Witness, in reply, said lie had 6eeh no extraordinary"'-marks'-on tho man. He Had never seen him undressed, and.had only, once seen him with his coat off, and that was before ho know him. He did not .remember shaking hands with him, and 'did not notieo anything special about his fingers, suoh as the absence of _ a nail. Ho thought tho man had ordinary teeth—not projecting unusually,; He saw nothing to justify such a/nickname as "Bucktceth." He did not think he ever saw him smile. He did not notice any mark on his upper lip such as would have been made by a out. He did not notice ■ that Tuckwell showed his gums whon he : laughed. He/wore a . stubby moustoohe. Ho did not see Tuckwell very often. If there had/been 1 any. special mark on Tuckwell's finger, he would probably have noticed it. He could not say whether Tuckwell was lefthanded. Ho hod drinks with him three times, and dined with him once; If Tuckwell had had a. large cut on his hand that caused Mm inconvenience, ho would.

probably have 'mentioned it, as a. means of, identification. • Had there been any distinctive mark on. his hand or lower fore-arm, do you think you. would have noticed it? —I think he would have mentioned it. • Then you are quite satisfied that the man yon saw had no distinctive mark on his hand or lower forearm, that would attract the notice of anyone who saw Him? .. .-'.'■' His Honour: What do yon mean by his "lower forearm"? His arm would bo covered by his sleeve.; ■..'' Mr. Petherick: Well, his wrist then? : Witness said he thought ha would have noticed such a mark.;.:, Mr. Petheriok: I don't want to suggest that I disbelieve him, but a man may be reasonably; and honestly mistaken. Saw. No, Tattoo Mark. Mr. Petnenck next reminded the witness that he' Had said that but for the description, of George Tuckwell' fnrnished by Septimus Tuckwell, 'he. might have thought that he had been mistaken in the man he ■ met. : Counsel then: put it to-witness that if Septimus 'was only fourteen years of age; when ho last saw his brother, and gave, twenty years later, a description that would apply to: fifty men whom one. might,meeton Lamh-. ton Quay in half an: hour, that description 1 wonld ; not be very strong ground, ■to go upon. " V ■' ~ ,"vi - '' •■■■ ■'.; His Honour, intervening, 'said that":that was';hardly 'a question.for the witness.. It was' putting him in the position of the Court. '■.';■"..; :\■'.'/.' '. ; ': : ..:/. - :, i-'.-'■ ■■/.. •'■'' ;'::-' . Mr. Petherick:'' Bid you ever: notice •on theback of his wrist a prominent tattoo mark?— Witness: I did. not': see' any tattoo mark on George Tuckwell... Chief; Detective Brbberg's Inquiries; ->y Chief-Detective Charles Robert Broberg;called by M!r. Petherick, said' he: .was' asked in' September, 1901, by the Public Trustee. to make inquiries ",. regarding George Tuckwell. He furnished the Public -Trustee ■with ; information given'.him by Septimus Tuckwell and the-results-of subsequent,:inquiries in Cobar and. Syd-. ■ney./; .-.':'■ ; ;; -.':'"' ; ./: 1 :.:¥'• ' ■>~-Z";--:.:' '■':,■ J.-His .Honour: The inquiries;seem'••/to | have ..got : very '-closely oh the;' track ;of this man' at "Cobar in '1901.:' \~. -;■ . •"-.:%;:. • .Witness:'. It shows, that,he disappeared from therei, just when';inquiries; were-ber' ing commenced hero.--- '•'■•'" ,' His' Honour -.He 'couldn't have; been" a I thought-reader;\'(Laughter.); ';< ■ ■'■Mf-: ■•: Chief Detective Broberg's .report; 'dated I April,, 1901, was handed. -to ; the judge;.who remarked'tbat the inquiries had evidently ';been .undertaken' on ■ the,, supposition that Gillespie had been personating' George Tuckwell. Such had teen 'clearly the opinion of the; Tuckwell '■ family at that ■ time. : ;:, ;;,..;,-. r >':[ ' .-,-!■;:,;".: \'-. r:: 'l! : [ ■■ : Was;Nlcknanlßd^Bucktoqth.! , ;; '■;.'•■ A'foiwri.Eario- Banina, 6addler, and-justice,of the peaco.'said'.he last-saw his: brother- George Tuckwell about' the latter lend of. 1882. There were; distinctive. personal' ■ marks... by: which his brother.. could be known, i, One.: of ■; these was a tattoo mark, either' an' anchori or a. heart, on the back'of one. hand h : nearthe, • wrist. V. He had; : frequently; noticed; it; while; playing.; .draughts 'oh"aboard! ship. It:was an inch," or ; more, long,: and. -ho' thought there were 'some flourishesv and !the: : letters."G.T;".- Witness-went'to: Aus-, tralia;with George.in 1882.; .They.had,no quarrel on board, v- .'After' parting : ; corresponded fori.a time,, but,witness now; had none of ;hls:'brother's,-letterß. : .George. had two. very r . prominent -; upper';' frontteeth,' and; was always . called.' : "Buok-' tooth." .'(George-: came; in.ooritaot. (with: Maoris: while.', working'.at.vPetonej.S-'ond; perhaps ' also; ai.'Pipitea. i>; !/ ; s : yh'Vo; ■•■ ~ ' .•' ■■,':'"■>(:■ '■.- ;Moro Personal Memories;; .Vf;

Thomasl'Simmohs,: messehger.'at:-; the' Union:' Bauk,; "Wellington,' said he! knew : George;Tuckwell.;from a; boy/' He.wbrkr,'ed with him thirty years agoj'.building!ai. house in Taranaki Street.- Tuckwell-.had a tattoo markj.on the:back'of thoVwrisi,;.

■'.■ His/Honour remarked that-M Pether-. iokvhad :not-asked: A^ph^r ( :,Tuokwell.any questions' about" ■''tho'large but -on : George Tuckwell's'harid' and : several other marks: mentioned in his questions: to -Gillespie-' ':'^''Mr""-iPrtheriok.yß'ai^:'..'that-;tho:;;question6 : wore ': The.fonly .marks'; ho' had anyevidohoe of were the./tattoo mark on'the wrist and ;the : .big',: teeth. ; :S.';;'; "*■:>.■ ';"■His'Honour'said, that:if - Mr.'Pethefick, treated .'Gillespie>■as-:an-hpaest;;'witness," it..was'remarkable -that .he;,should ; i: put such-questions to him.::■:.:'.:'■.v'^'i'■''•>■*■■;.>''■■ .', 'Donald'':- carpenter,:? said,he •worked;with George Tuckwell-: before the latter went away, Tuckwell:had a tattoo mark on the back.of his right hand, 5 hear' the wrist.- 1 He tho'ughtjt consisted; of :his initials- and something between;them:-..'lt wis . very noticeable. : Witness' worked' at Petohe with:•'. Tuckwell:-. ; for :.:;eighteen, months,::and- visited: ::.':;,-w.:; ': His Honour.interposed 'here-with the remark that:further.evidence as to -the tattpo.'mark-was.hot.neMssary, ;asit;had' been sworn:to'- by.'three.'witnesses; .-; ; . v.: - .'■ Septimus' v ; Tuckwell,- ' tailor,; -La'mbtbn • Quay, Wellington; .said' he'■• last, saw his; brother at about the I '-'time'; their [father died;;-The'description" witness;:: gave;the; police 'in 1901 was.-based' upon his-jpecol-' lections 'of. his : brother George f'in-.'-1882., ;Witness 'was-then. U years;of : age.: ;.;,The . witness handed, up photographs of: Georga; Tuckwell and other members -of-the family, -and 'said he;had- no .letters .or: other writing by his brother;: Gebrge.;.y.He' : had; searched; .but could not ;find' any.i ;•;. .f ; ::

i:-^-:t:>''NeW:;Fißlds^for:inquiry.v' : : ;>;:Hi»^Honow-"' : inquiries' should 'i.be.V .inade.'...:Questions. shouldibe' asked of.'Mr.V.Walker,;pf.'Auckland; 'by !\leffcr,'and ..on'his, replies' 'it; could'be ; decided;'whether' he: should; ibe. examined■,before the. \ Registrar;of, the, "Court at Auckland.-'or;'whether,he.should:: swear ah affidavit.': •. It would probably ■ not; be' necessary to bring him ito Wellington; !''."His - Honour' : alsd.directed*that■■■ testimony should ,be:. asked 1 , ior^from: the \former, botelkeeper hamed.'liawler;: from: Mr.; :Colemah:. (mentioned above); from. > A.'. .Cameron, : ■ of; : Cobar; l and■,from';'a man named'; Poole,-who 'wasVmentioned -in: the: police' report, from>iCobar.: ,:.His;--Honour mentioned that- this, -report;:: which. .was. dated: :-August2l,;:igol ) , ,6aid..'there;'were •many.persons'living;in Cobar. J who;.knew George Tuckwell. ;; y ■■-'iV '■ • -.. \ '...- ~:[ ] %-„ Mr. Petheriok: I suppose we can't keep -the tattoo marks out of the-reports ?■'.;:■ -His .Honour: ..No,''- certainly not.;.; The . more-publicity.; this .case .'gets the .'betterIt is a case jn: which nothing'should bo ■ kept out' One of the, most -likely means: of finding George Tuckwell,is; by,giving all publicity ..to. the: case. '-. ; ; .; < -:,'. . '■" Further hearing was adjourned to await the results' of'.the: inquiries: ordered-by '.•'the". Judges v;:>'. :,i ; --.':-';'X :-';'';.i'v'i.'/'i^'-