"QUEER" DIVORCE CASE.

New Zealand Herald, Volume LXIII, Issue 19328, 15 May 1926, Page 14

"QUEER" DIVORCE CASE.

WIFE SUES CIRCUS-OWNER.

ALLEGED FABRICATED LETTER. STRONG COMMENT BY JUDGE. A defended divorce case was heard before Mr. Justice Herdmun and a jury in the Supreme Court yesterday, Gertrude Alexandra Webb (Mr. Sellar) alleging that Atkinson Webb, circus proprietor (Mr. Simson), had commtited adultery wth Winifred Selby, a married woman attached to his troupe. Mr. Sellar said his client alleged that respondent had lived with Mrs. Selby as his wife from January to April, 1922. Webb was the proprietor of a little circus which travelled through New Zealand in the summer months. In 1922 petitioner went to Sydney and i'ound the circus performing there, and Mrs. Selby practically running it- -taking tickets and generally ordering the disposal of the show.

Later, Mrs. Webb discovered in her husband's post office box in Christchurch a letter from Mrs. Selby containing language of endearment. Certain equestrian equipment belonging to Mrs. Selby —whip, spurs and riding boots —was also found in respondent's clothes-box, while Webb had in his possession some of her trinkets. While Mrs. Webb was in Sydney, Mrs. Selby made certain demands for money. These Mrs Webb settled and then dismissed Mrs. Selby from the show. Petitioner taxed her husband as to bis relations with Mrs Selby, whereupon he admitted hj had been living with the woman, stating it was petitioner's own fault, as she would not accompany him on his country tours. His client had- also obtained direct evidence of misconduct, but unfortunately the witness had since died. Divorces on Both Sides. Both the parties to the case had been previously divorced. Petitioner had divorced her first husband, and respondent had been divorced by his first wife. Petitioner, in evidence, said respondent had twice admitted to her in proper relations with Mrs. .Selby. To Mr. Simson: It waes not at witness' instigation that the letter she found in Webb's box was written. Mr. Simson : If I produce a letter from Mrs. Selby to Webb, stating you asked her to write that other letter, will you still deny it ? Witness—Certainly. Air. Simson read a letter which stated it was at petitioner's instigation that the previous incriminating letter was written and that it was sent with the knowledge that his wife had an order enabling her to get his private mail and so would intercept it. Witness: Airs. Selby never spoke to mc about writing the letter. Of course Webb has asked her to write this second letter. Mr. Simson : We say you received the first letter from the woman herself, while you were in Sydney. Witness—l say I did not see it until I. found it in his private letter box in Christchurch, in November, 1924. Witness was cross-examined regarding letters which she had written to respondent, urging the re-employment of Mrs. Selby in the circus. Suggestion of Connivance. His Honor: That means in effect tbr.| you wrote practically saying to him, "As to this woman with whom you have committed adultery in the past I strongly recommend you to employ her." Witness— I thought that if she was with the show I would catch him. His Honor: A most extraordinary state of things. You were affording your husband every facility for committing adultery with this woman. Witness—Of course, if he was not guilty he would not have done so. I wanted to find out. His Honor: Very extraordinary. Air. Simson : It amounted to connivance. With reference to another letter, written by her to Mrs. Selby, witness said she had wished to arrange with the woman to admit that she and respondent had lived as man and wife and had offered that if this were done in an unsigned letter she would sue for a divorce on the ground of misconduct with a woman unknown.

His Honor said the circumstances disclosed a disgraceful position of affairs. Mr. Sellar said it was unfortunate that on this point Mrs. Webb had committed an error of judgment. His Honor: More serious than an error of judgment- It- was a great impropriety. Mr. Sellar suggested it was no more than a woman's endeavour to obtain evidence in support of her suspicions. Question of Condonation. His Honor pointed out that there was evidence of condonation—supposing that an offence had been committed—seeing that Mrs. Webb had lived with her husband after the discovery, of tiie letter. Mr. Sellar said his client had been unable to help herself in the matter, as she was then looking for further proof that would warrant separation. His Honor: Of course, it is a matter for the jury to say whether that kind of conduct is to be approved. If this witness was to be believed, he added, she had endeavoured to entrap the other woman. He thought the jury would be very sceptical about such evidence. In further discussion His Honor said he would not go the length of saying there was no evidence to go to the jury, but he did not think the evidence so far was worth very-much. Still, that was a matter for the jury to decide and the case had better proceed. Mr. Simson pointed out that petitioner's evidence was uncorroborated. Mr. Sellar claimed there was corroboration in the finding of the letter in respondent's box. Mr. Simson: Which we deny.

Respondent, in evidence, said he had never misconducted himself with Mrs. Selby. She had boon connected with his show merely as a performer. Petitioner dismissed her in Sydney and he had had to acquiesce. He had never until now seen the letter produced iti Court. He and his wife lived together until November, 1924. He denied that he had ever made to her an admission of misconduct, and also that he had ever had improper relations with Mrs. Selby. "Still the Best of Friends."

Respondent protested that he and his wife were still the best of friends. "She says that if she gets a divorce, she will marry me afterwards—quite a curious state of things." He was surprised at the suit being brought, and that was why he was defending it. In cross-examination, respondent persisted that the letter found in his letterbox was "n, fake," fabricated by friendly arrangement between the two women. George Webb cave evidence that the relations. between his father and Mrs. Selby were on purely business lines.

His Honor told the 'jury tlio case was a queer one, as to which they must fong tig) have made up their minds. The fact that petitioner had continued to live with her husband after receiving what she considered 'proof of his infidelity should make the jury very sceptical as to her actions. No woman of decent instincts would so behave. Then the fact that sho tried to persuade her husband to lake the woman Selby back into his employment, so as-to have further opportunities of misconduct with her, wns an extraordinary, oven an amazing, procedure, and should be considered in weighing her allegation of n personal confession by respondent . After 20 minutes' retirement, the jury found that respondent had not committed adultery 'with Mrs. Selby., The petition whs accordingly dismissed, without costs.