GEORGE STAINES AND THE PEDLAR'S WILL.

Observer, Volume 6, Issue 137, 28 April 1883, Page 83

GEORGE STAINES AND THE PEDLAR'S WILL.

Ifc is the Lard and cruel fate of great men to be ignored, maligned, or persecuted by their contemporaries. Aristides was ostracised ; Sovau'was poisoned; Caesar was assassinated; Cmcinnatus was allowed to resume his plough, niter repelling the invaders of his country ; rounv,less poets and literary men, whom the world cannot now too highly honour, have been permitted to drag out a life of wretchedness, ,-vid die a pauper's death ; and G-eorge Stain cs, the whilom People's Champion — the self-styled v o<>;Man's Friend is now left by a scornful and iv; grateful community to pine away within the shades of his Old Curiosity Shop in tipper Q.ueenstreet. Time was when G-eorge was hardly ever off the stump, when his manly soul was lived with a fervent zeal to do the State tome service, when he shed the light of his genius upon the City Council, and aspired to a seat, in the Senate of the Province ; but, alas ! a new generation has arisen, which knows not G-eorge, and declines to do him homage. ♦— However, the time is at hand when the forgotten Champion shall once more command public attention, and cause some little sensation throughout the. land. Still, it is rather questionable whether the great man will appreciate the circumstances leadinj^jjaggg^his consummation, or the mode of htsre-appearance. It. is asso'ci-. ated with, a little matter of a will, unfta? which a pedlar bequeathed the Poor, Man'^H^'nd a handsome sum of money nearly fifteedßßlLago:

besides making him the executor of certain legacies to poor relations in England, who, singularly enough, have never been found. There have been, and are claimants, it is true, but the careful and upright G-eorge regards them as impostors, and the Supreme Court, with the object of settling the matter, has just granted a Commission empowering these people to be examined upon oath in England as to their identity.

As the story of this trust is no doubt un-. familiar to most of our readers, let us recal the particulars : Fifteen years ago, one of the bestknown figures about Auckland was that of an old pedlar, named John Hayward, but more popularly spoken of as " Cheap John." He had a character for strict honesty and high integrity, and his wares were looked upon as genuine of their kind ; while it was a matter of common report that he had a snug little sum laid by for a rainy day. It came sooner than the aged pedlar expected, but he was not destined to survive it. While perambulating about the wharf one afternoon he tripped over a hawser, fell heavily, and injured himself internally. He was removed to the Hospital, and medical skill did all that was possible for him, but with no definite result. A short time prior to the accident, the People's Champion, with that unselfish love for his constituents which always distinguished him, scraped an acquaintance with the old man, and upon learning of his misadventure, hied to the Hospital, urged by the impulses of his deeply affectionate nature.

George was shocked at the condition of his old friend, felt convinced that he could not get in a public institution the attentions and the comforts that would surround him at home, and persuaded him to accept the shelter of his own house. The pedlar, touched by such, thoughtful kindness, consented, and he was duly removed to the palatial mansion of the Stainses. Still his physical condition did not improve by the change. He lingered for a fortnight, and then died ; but not before he had made some slight recompense for the priceless love that had been lavished upon him. On the night previous to his death he comforted the grief -stricken and weeping George by revoking a former will, and making a new. one, whereby he named him and his wife executor and executrix, respectively, and bequeathed them a sum of £330, with a reversionary interest in other legacies.

I "SS ..- append an exact transcript of the will : — j r i'hj 3 js tl'.o last will and testament of Mr John j Hax vi:ud, of the city of Auckland, in the Colony iof iKVvy Zealand, dealer : I direct all my just ; .\ebts, funeral and testamentary expenses, to be I paid by my executor and executrix, hereafter named, as soon as conveniently may be after my decease. I give, devise, and bequeath the whole of my real estate whatsoever, and wheresoever situate, and also the whole of my personal estate of whatsoever nature, kind, or description, unto George Staines, of the said City of Auckland, broker, and Eebecca Staines, wife of the said G-eorge Staines, their heirs, executors, administrators, and assigns respectively, upon trust, to sell my said real estate, and also my said personal estate, either together or in parcels, by public auction or private contract forthwith, after my decease, and to dispose of the nett moneys to arise from such sale of my said real and personal estate according to the trusts hereinafter declared of and concerning the same ; that is to say, upon trust, to pay thereout, within six months after my decease, the following legacies and sums of money : that is to say, — to each of my sisters, Eliza Ann, and Mary Hay ward, a legacy of one hundred and fifty pounds ; to my half- brother, George Piggott, the sum of one hundred and fifty pounds as a legacy ; to the widow of Richard Binns, of the said city, master mariuer,J;he sum of twenty-five pounds as a legacy ; to thfe widow of — Chalklin, late of the said city, hawker, a legacy of twentypounds ; to the present wife of — Holmes, lately of the said city, but now in Australia, tailor, a legacy of twenty-five pounds ; to the wife of Mr Brame, of Chapel-street, in the said city, shoemaker, a legacy o£ twenty-five pounds ; to Mrs Field, widow of the late Robert Field, of the said city, cabinentmaker, a legacy of twenty - five pounds ; to the said George Staines, a legacy of two hundred and thirty pounds ; to the said Eebecca Staines, a legacy of one hundred pounds j and to the Primitive Methodist Chapel, in the said city, or to the person entitled to receive the same, a legacy of ten pounds for the purpose of purchasing books for the children of the Primitive Methodist denomination and attending the Sunday* school belonging to the said chapel, situate in Edwards-street ; and as to the rest and residue' k of the said net moneys, after paying the said several legacies and sums of money, I bequeath the same to my said trustees absolutely, to be equally divided between them. I declare, and this is my will, that should aIL or any of the said legatees, hereinbefore mentioned, die before the time of my decease, the legacies of said legatees who shall so die, shall be divided, and paid by my said trustees to my said : sisters and half brother, equally share and share ! alike, or to such of them as shall be alive at the I time of my decease ; but if all the said legatees j be dead at the time of my decease, then I direct I the whole of the said legacies shall be paid to the . I :iid George Staines and Rebecca Staines, abso-r. | luk»ly, as part of my real estate, and residue of the said moneys hereinbefore mentioned, and I appoint the said George Staines and Rebecca j Staines executor and executrix of tffis;my wilL i luvcby revoking all former wills anjfwlftamentary writings by me, at anytime hereimoW'inade, and I declare this^to be my last will and testament, in w itness whereof I have hereunto set my hand this twentieth day of September, in the yearof^ our Lord one thousand eight hundred and^MHtfj "ghf~<- " (Signed) John Ha^B^^M "Signed by the said testator, Joh^^^^^^H as and for his last will a^^^^^^^^H the presence of us P£^^^^^^^^^^^^| time, who, at lus^^^^^^^^|^^^^| j sence, and in t&e^^^^^^^^^^^^^J . have subscribedj^^^^^^^^^^^^H hereto. . A^^^^^^K^^^^^^M

The Poor Man's Friend was not as those who mourn without hope. Feeling consoled with the reflection that the object of his assiduous care had gone to enjoy an inheritance beyond the skies, he dried his eyes, exchanged the funereal habiliments of woe for those of everyday wear, donned a band of crape, and, as a preliminary to executing his trust, realised upon the estate and hanked the tidy little sum of £971 6s lOd. In due course, he apportioned the local legacies, £125 (loss duty) being paid away to the widowed beneficiaries under the will, £10 to the Chapel, and £124 6s 6d for various other expenses, leaving a balance of £330 — representing the successful result of a fortnight's acting in the touching rdle of Good Samaritan — with which to solace his bereaved and sorrowing heart. Over and above theso sums, of course, there was the £450 bequeathed to the English relatives. ._ -«>— . After the lapse of a few months, the deceased pedlar's two sistei's, who lived in London in poor circumstances, and married to two labourers, named Lewis and Davis respectively, wrote out to their brother's executor applying for their legacies. The Poor Man's Friend, however, was suspicious of imposture, and he refused, with characteristic politeness, to recognise the claims. Then, legal authority was sent out by the sisters for the prosecution of their rights, and the first result ■was the issue of an order from the Supreme Court commanding the incredulous trustee to file an inventory of all " the personal estate and effects and credits of deceased on or before the 2nd day of January, 1869, also to file a true account of his executorship on or before the 2nd October, 1869." George turned up his classic nose at this mandate, and kept on the easy tenor of his way until, on the 9th February, 1871, he was peremptorily ordered to file within a week, under penalty of various disagreeable pains and penalties. George saw it would be imprudent to risk the consequences, and he therefore filed immediately. *. ___ The account filed i 3 an interesting document. It speaks eloquently of the tender care and scrupulous exactitude of the illustrious broker. And yet there are people who will cavil at some of the items— people who will have the effrontery to say that £330 should have been an adequate enough recompense for the foi-tnight's care and nursing, and its incidental petty expenses, without debiting the estate with such trifles as 103 a day for board and lodging, 7s 6d for " ointments for the deceased," several pounds for washing, several other pounds for nursing, hire of carriage for deceased's conveyance from the Hospital, £1 for carriage for solicitor, legal fees connected with the will, the charges for medicine aud medical attendance, and £24 for fr.neral expenses, which, peradvenlure, includes the sorrowing George's outlay upon crape. At any rate, the estate was made to pay down to the uttermost farthing the expenses connected with the illness, death" and burial of the unfortunate pedlar. «$. Meanwhile, the poor and distant relatives essayed every means of compelling the executor to pay over their respective legacies, but without avail. Request, entreaty, protest, threat, and actual legal proceedings were each and all in vain. The weight of the pedlar's trust fell so heavily upon him, and he was so professedly anxious that it should be faithfully administered, that he would do nothing in the matter, listen to no remonstrances, recognise no claims. The : legatees were poor, the machinery of the law was cumbrous and expensive, and George consequently remained master of the situation. . <& We have seen some of the letters addressed by the sisters to Auckland friends, and we select two for publication. Here they are : No. 1 " Wo. 36, Fendall-street, Abbey-street, Bermondsey, London, England, 13tli October, 1870. Brother Watters,— My brother John Hayward, died about two years ago, and left a legacy to • your chapel. I believe it was in the time of Brother William G. Dean. He also left several sums of monrv to different ladies in Auckland and a considerable amount to his three sisters and half-brother. We are not satisfied in the way . -. If you could oblige us by giving us any information respecting the legacy you would confer a lasting favour on your sister in Jesus. — Maby Lewis, formerly Mar? Hay■\vaed." — ■«► . Wo. 2— (Dated 12th May, 1871). Dear Sir,— We received your favour of the 4th March, and my friends wish me to express their sincere thanks for the interest you have taken in our case. Since we wrote to Mr Watters we have received a letter from the lawyer who has the case in hand, stating that he had communicated with Staines, and that he (Staines) says that he intends to throw every possible obstacle in our way," and in spite of the number of certificates, and a letter proving our identity, presumes to say that " the four claimants are impostors, and refuses to recognise us in any way. If you could in any •way help us by co-operating with our lawyer, Mr F. M. P. Brookfield, Auckland, or otherwise, you would confer a lasting favour on yours, respectfully, Maby Lewis. In 1872, the Star published a fair statement of the whole case, and with the object of assisting the_ sistgE^in gaining possession of their legacies, invited^subAcriptions from the public for the pur- '■ pose of enabling- them to vindicate their rights. The appeal, however, could not h*ve had the desired effect, for no further faction was taken the beginning of the present year, the ob■w^te Staines remaining all the time in tranquil nt °? the trust. During the decade, few H^B|ad happened. Mrs Rebecca Staines had HRHH^M&y °f a^ flesh, leaving her hundred I^HH^^Hfe^unresbricted use of her beloved a proper season of mourning, H^BlH^H|K£ >^ er loss by taking another. a^ nob forgotten their ac idea of enforcing Shortly after HBI^^BB^B^^HIHL^—rk 0 triumphant,

was rudely aroused from a droam of fpneied security by the low rumbling of tho slowly moving wheels of the law. In other words. Mi- .Chou^is Macft'arlane had received power m" ;i(..i,o"nov a\j.;; the sisters, and ho was not long in imyressiii^ the fact upon the object of his atttini.irns. S (..vines treated him with contemptuous iii(.iifferc::cc, but "wee Tammy" knew how to corapf-l attention. On the. 30th of March last, Mr Ti»>ruas Coif or (acting under instructions from . hbv) -'ipplied ieMr Justice Gillies, sitting iv Charters, for an order commanding Staines to hn,u<l over the amount of the legacies to thr- Trustee, so that the intentions of the testator rui'ihL bo t'ullflilerl without further delay. Tlria ■■rd'ci- was '.of'osor! as sufficient authority for it v,n.< not sho'^n • bub tho solicitor was prewired -.viili .-uiothpi" *b<-t, which proved more successful M, the *iW- ■/>{>■ ting he moved for a Commis.;i::;. ompuweriru? Messrs Geare, barristers and ooiioitnrs. oi' Lincoln's Inn Fields, to examine the- ckimanid witb the view of ascertaining thoir identity a? th-j sisters of the defunct pedlar, ibv said Oc>.',mtiP-ion being made returnable within six months. If the claimants are successful in i!ic-> measures, f,le executor will not only have co jli^bur-:.; C43C (ll;-----amount of the original legacies), but also interest, at the rate of 8 per cent., for the fourteen ai"l a half years, making a grand total of £972. ' — -o It must be confessed that the •_•<•.. =0 decs uoi. favour the erstwhile People's Cham^ <m. There is a formidable array of facts against him, aud, notwithstanding our veneration for hi.-? •; suited genius — as a small politician, our respect for his vast abilities — as displayed in tho running ;>f an , all-sorts store, and our admiration for his teller. generous, and sympathetic nature — as exempliiioc! in his touching solicitude for the dying pedlar, we are troubled with sore misgivings lest this pattern and exemplar of all tho virtues should prove, after all, to be nothing more nor less than an avaricious, sordid, case-hardened, and small-minded fellow. Still, the truth must be disclosed and right be done, whatever the consequences, or however destructive the havoc that may be wrought upon our pet beliefs and cherished ideas. Therefore, Fiat Justitia mat Staines !