A COLONIAL BOMANCE.

Thames Star, Volume VII, Issue 2127, 28 October 1875, Page 4

A COLONIAL BOMANCE.

The last English mail brought some intelligence of ouv old fellow-townsman, Mr J. Martin Flegg, who is-now practising his. profession in Segent Circus, at the west end of London. The incident to which wo refer I,' and which brings him now under our notice, is one of those romances in colonial life that are constantly cropping to the surface, and are of a character that necessarily evokes the as.«istance*of the* Own," as we believe the lawyers facetiously term themselves. The facts of the case are. briefly these :—ln 1852, during the great rush to the goldfields, two brothers left England together, allured by the prospects of making a rapid fortune on the goldfiekls, but like many others were doomed to disappointment. For a long time they kept up a correspondence with their family in England ; but eventually the two separated, and for some years had ceased to correspond either with their family or with each other. In thf meantime a relative died in the neighbourhood of London, leaving a considerable fortune, in which these brothers were entitled to participate. One of them had continued in Victoria, and,through the medium of the missing friends' column in the newspapn's was found without much trouble, and his identity being satisfactorily proved, the trustees paid him over his share. 'Jhe other brother couid.however, be heard of nowhere, and the trustees paid the amount intothe trust account in the Court of Chancery. Eventually the truant legatpfe^while .travelling in Queensland with cattle,; came across an advertisement in an old newspaper,' stating should he apply, &c, he. would hear of something to his advantage. Ife was not slow in placing himself in communication, with his brother, who had already received his portion, and no preat difficulty was experienced' in recognising each other, although they had not communicated for years. The long-missing legatee placed himself in the hands of the solicitor who had previously acted for his brother; but now arose the difficulty. The new claimBant had for a number of years, by one of those foolish practices so prevalent in the Colonies, gone under an assumed name. His brother here had lost sight of him, and believed him dead. He had been absent from his relatives in the Old Country for close on a quarter of a century. He had ceased to correspond with any of them for nearly a decade. A new generation had sprung up, who" remembered not Joseph, but forgot him." The Tichborne case was only just concluded, and the public mind * as full of that imposture. The case looked hopeless, unless the claimnaut should himself proceed to Itngland for the purpose of ideniification. This-course was suggested to him, but; he was averse, to a sea voyage, and declined. Affidavits were prepared and forwarded to Mr Flegg, prior to his late . visit to the colonies. None of the relatives would, however, recognise the claimant's signature. Many of the subjects alluded to in the affidavits had been forgotten, or perhaps were never known to the surviving relatives. The new generation had never seen, and the old generation had nearly forgotten the existence of the claimant. "AnotherArthurOrton." said his relatives and their lawyers, and the courts appeared disposed to endorse this view of the case. Mr Flegg, being about to return to the colonies for the purpose of closing up his own affairs, determined to postpone all further action until he could have a consultation with the claimant's solicitor, and explain the difficulties to be surmouuted. On his arrival in the colony a consultation was had, and the claimant's personal attendance in England appeared inevitable. He was accordingly communicated with. IBut now a fresh difficulty had arisen. Claimant, on his arrival in the Colony from Queensland, had been persuaded by his brother to select land here, and settle down. This he accordingly did, the bank through which his brother had received his legacy readily agreeing to make advances in anticipation of the claimant's port-ion, which was expected to be obtained as readily as the first brother's had been. The money thus advanced had been expended on the land selected. The selector was required to ab" sent himself not only from his selection but from the colony also. He did not know a single member of Parliament, nor could he distinguish the Minister of Lands from Corporal Casey, or Corporal Casey from the Minister. The department of Lands had begun to recognise a dummy in every selector not occupying in his own proper person ; the bank, too, could appreciate a constituent domiciled in the Colony possessed of land for the improvement of which their advances in anticipation of. the legacy had been made, but failed to realise an equal advantage in being creditor to a man whose possessions here were liable to forfeiture, and whose person would become so remote as to be difficult of service. It therefore said ne exeat. It was accordingly determined to try again without having recourse lo the personal .attendance .of the legatee, and the claimant being sent for, fresh affidavits were prepared and full, facts disclosed. Armed with these, Mr Flegg returned to I nglancl by the April mail, and succeeded in convincing the ViceChancellor of his client's title to the fund in question, and by last mail remitted to this Colony £3000, which had been re-Cfived-out of C-urt the day.previous. Mr Flegg, we understand, was highly complimented by the Vice-Chancellor, and congratulated by the members of the '" profession upon the success he had achieved in tie management of a very difficult case.—Bendigo Advertiser, September 28. v ■ >• .