STRANGE WILL CASE

Taranaki Daily News, Volume LIII, Issue 147, 30 September 1910, Page 8

STRANGE WILL CASE

THE TI'CKWELL MONEYS. FRESH EVIDENCE. i By Telegraph—Press Association. Wellington,. Yesterday. ' The case of George Tuckwell, late ofl Traakori road, Wellington,, was again be- j fure Mr. Justice Cooper at the Supreme Court to-day. The case has been be-, fore the Court for some years, the Pub-' lie Trustee 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- £§o7 13s lod. In 1005 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, enquiring l fori George Tuckwell. but there was no re-' spouse, and a further application as to I the disposal of the money was mode. In 1908 further enquiries were ordered, but there was no result. Last February, a further application was made, and the Court considered that it ought to presume Tuckwell dead, and such an order was made, the Court presuming that Tuckwefl's death occurred ■within seven years after 1884, that he died unmarried and intestate prior to the coming of age of Valentine Tuckwefo, bis brother. The Court stated that unless an application was madu within six .months to rescind the order,, the Public Trustee would pay thefund over to the parties entitled to it.. Oil Georgs TuckwoiPs death, shortly after this order was made, Mr! Jus-1 tice 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 ini j the affidavits produced in Comtt The! .solicitor said that he would be able] to adduce evidence to show that Tuck- 1 well was alive, or at any rate, that he j had been alive much later tliam was stated in the affidavits. His Honor then' decided that tne order, he had madel should remain in suspense sine die. An | affidavit was filed by Robert Morton Gillespie (who had been accused, in] the affidavits of other persons ofi personating the supposedly deceased. Tuckweill), in which he said that he'met George Tuckwell in Cobar, New South Wales, hi October, 1900. Tuckwell disappeared from Cobar in April, 1001'. In May, Tuckwell was supposed to be' at Young Creek, near Wagga Wagga. When the case was before the Court last montih it was suggested that es ( there was no evidence that George' Tuckwell had been seen since 1001 Hie Honor might grant administration of ' the estate, but His Honor said he could not do that as Tuckwell might still be. ! alive in some other countiry. His Honor j said the case could not be decided On affidavits, and it was further adjourned to allow Gillespie an opportunity of vimidicatbg himself and the other, aide fy I cross-examine him. """ When the case was caßed before His

I Honor Mr. Justice Cooper to-dfty, Mm ■ Stafford represented the Public Trusi I tee,' Mr. F. B. Petherack the Tuekwel] family, and Mr. Blair, Gillespie. ' Eobert Mwtoin Gillespie was called by Mr. Petheriek, and in answer to questions traced his movements by aid oi diaries from his arrival itr Sydney on May 6, 1898, until me left Cobar In 1901. He met Tuckwell in 1900 Oobar. In answer to tlfo. Pethetjck witness said that he did not seek Tuckwell. . Tuckwell declared himself to answer to a question from' witness. Tuckwell was them supposed to have died in Queensland, He never had Tuckwell on his mind previously, nor discussed Tuckwell with his brother. He knew Tuckwell and his father. When, witness first kniew Tuckwell witness was a child and. Tuckwell was then a man:«' Witness previously explained that he 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. He met George Tuckwell on October 18 at Oobar, and had tea wi<3i him at the camp. Witness, wrote that day to his brother William. On November 11, 1909, in the evening, he entered in his diary that Tuckwell was to visit the camp on the morrow. On the 14th there was an entry to the 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. 1 Tuckwell was then boarding at Lawler's Family Hotel, 'Wrightvßle, 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 Lawless verandah. They were discussing the weather when a man (Tuckwell) said in effect: "If Cobar.had the climate of New Zealand -it would be worth living in." The man subsequently mentioned Wellington, and witness enquired where k he came from, and he replied Tinakori road. Witness asked his name, 1 and the man replied Tuckwell. Witness said, not George Tuckwell? Tie answer was yes. "Why," witness replied, "you were dead and buried twenty years ago." He asked witness his name,

I and witness replied. Grey. They had a j drink together, and Tuckwell remarked j that lie did not remember Greys living l in Tinakori road. Witness then tola Tuikwel] that his name was Gillespie, and Tuckwell remarked, "My word, you are like your mother." Subsequent.'y they wont to Tuckwellfs bedroom nnd Tuckwell produced a hand kercVef v- which was wrapped his parent'? lrai-riage certificate and a New 7cai;v-;l lite insurance policy jn favor of Tuckwell. He also showed witness some t>inkers which he said were his mother's There was a kind of silver wnt.'-i-chain which Tuckwell gave wunes.* •,-,« a memento of odd associations. Witness enquired of Tuckwell where he had been all these years, and he re-. plied to the effect that he had Been knocking about. Tuckwell did not strike witness as being flush of money, but did not appear bard up. Tuckwell said that he had been married, but his

*jwife VM dead, and that at one time I he was farming at Narrabri. Tuckwell ' was working as a carpenter at the Oc-! cidental Gold Mine, and witjness had I seen him there, but did not know him. I The case was not concluded when the ! Court rose for the day. I Wellington, September 28. In the Tuckwell will case to-day counsel for the family stated that he would withdraw allegations against Gillespie of fraud and impersonation*. It was considered that Gillespie himself had been, imposed upon by an imposter. Mr. Justice Cooper said he had received a telegram from Auckland volunteering to give further information; To enable the sender to attend the Court, the case was adjourned till Friday. The Judge remarked thai publicity had produced two witnesses already. One of the solicitors in the case commented that it had also produced;, ; oost«. t