THE TUCKWELL MYSTERY AGAIN.

Dominion, Volume 6, Issue 1745, 9 May 1913, Page 3

THE TUCKWELL MYSTERY AGAIN.

RELATIVES & ESTATE, CLAIM TO HAVE IT DISTRIDUTED. A further stage in tho well-known Tuekirell case was readied in tho Supreme Court yesterday Ijjfore Mr. Justice Cooper, when the Public Trusteed as administrator of tho estate of the lato Georgo Tivckwell and as trustee of tho will of the late .Richard Tuckwell, proceeded by originating summons for leave to distribute the estate of Georgj Tuckwell. Mr. J. W. Macdoiiald (solicitor for the Public Trust Office) appeared for the Public Trustee. The brotners and sisters of Gnoigo Tuckwell were represented by Mr. P. J. O'liegan, while' Mr. A. W. Blair appeared for It. M. Gillespie, a witness at a former hearing of the case The deceased, George Tuckwell, was a labourer, of Sydney and Cobar, New South Waks. Nothing of a. reliable nature has been heard of him sinco 1883, and w'hen dealing with the will of his father (Richard Tuclnvell) the Court presumed him <lejd. The protracted litigar tion in connection with tlio matter is too well known to now) recapitulation. When the case was mentioned yesterday, Mr. Macdonald said that the fust business was the question of Mr. Gillespie's costs, v-'bich counsel desired should be paid out of tho estate. Mr. Blair drew attention to the fact that owing to a suggestion that Gillespie had impersonated Tuckwell, lie (Gillespie) was put to the expense of filing an affidavit, on which he was examined. His Honour considered that it would be reasonable to allow some-thing for the affidavit, -which had proved of much assistance to the Court. Gillespie had been a vtluable witness, and had satisfied everybody as (o his bona fidos. The sum of J5 10s. would be allowed for tho cost of filing and preparing the affidavit. Concerning the question of the distribution of the estate, it appeared that the Public Trustee had, in accordance with the directions of the Court, advertised in Australia for issue of George Tiickwc-11, but neither claim nor inquiry had bsen received. The relatives now claimed that the estate should be distributed, and it was in consoiuenae of their claim that the Public Trustee sought tlie direction of the Court. Mr. O'Began .quoted authorities in support of tho relatives' claim. His Honour, after outlining the various courses which tho- Court might follow, ccnsidored that the test plan would bo to direct that advortisanejits bo inserted, under tho provisions of Section 74 of tho Public Trustee Act, 1908, for claims to be made within a certain period. At the end of such period the Public Trustee v.ould be flee to act.

HIS "SUDDEN IMPULSE." "DON'T LET TJS SEE YOUR FACE AGAIN." ' "Now don't let us sco your face here again—except as a witness," said the Chief Justice (Sir Robert Stout) after, granting probation to a quarter-caste Maori in the Supreme Court yesterday afternoon. The prisoner was Bernard Tama tea Walden, 18. years of age. He recently pleaded guilty at Napier to the theft of a motor cycle. When he came up for sentence .yesterday, Mr. H. H. Ostler appeared on behalf of the Crown, while Sir. H. I'. Ayson was present to ask his Honour to admit Walden to probation. Mr. Ayson stated that the prisoner had yielded to a sudden impulso and had taken the cycle, intending to return it after he had ridden homo on it. Counsel suggested that, if prisoner had been advised beforehand, he might not have pleaded guilty and he would have had a very good chance before a jury. His Honour: Juries often acquit guilty people. Mr. Ayson did not wish to put it that the prisoner was not guilty, but thought that he might be given a chance. If probation were granted his father was prepared to take him back to his farm at Ilamua near Pahiatua. His Honour pointed out that a previous transaction in which the prisoner had been engaged, showed that lie was not over scrupulous. It was therefore with very great hesitation that he would grant probation. It was principally 011 account of the prisoner's youth that such lenient treatment would be extended. The term of probation was fixed at two years, his Honour ordering (1) that during that time Walden must not be seen in Napier or Hastings; (2) that lie must, within six months, pay three guineas towards the cost of tho prosecution; (3) that he must take only such work as the probation officer approved of.