WIFE'S DEFENCE FAILS.

New Zealand Herald, Volume LXIII, Issue 19496, 27 November 1926, Page 15

WIFE'S DEFENCE FAILS.

"MOST UNRELIABLE WOMAN"

HUSBAND GRANTED DIVORCE

[BY TELEGRAPH. —O.VN CORRESPONDENT.]

CHKISTCHURCH. Friday,

"What surprises me is that she has the audacity to go into the witness bos and tell a story punctuated throughout by obvious lies.'' These words were used by Mr. Justice Stringer in the Supreme Court to-day after Ivy Margaret Shaw had given evidence in a divorce case. Her husband, Joseph Shaw, travelling showman, petitioned for a divorce from her and named John Boyd Rutherford, labourer, as co-respondent. Mrs. Shaw claimed that her husband condoned her misconduct with Rutherford and by his conduct conduced to it. She said she stayed with her husband in Australia for seven months, on the move all the time and living in a tent. She alleged that he told her the best thing she could do was to go back to her people in New Zealand. He came to New Zealand and they lived together again. After she lived with Rutherford her husband paid her under £1 a week from Australia. He had sent hor £l, 10s and ss. Mr. Thomas, who appeared for Shaw, produced documents- showing that petitioner had paid respondent much more. After Mr. Thomas had asked further questions His Honor said: I am satisfied that the evidence of condonation is insufficient. There is no evidence that the husband knew of the condition of things in regard to Respondent <*ave a grossly untrue account of the sums she received from him. She is a most unreliable woman in every respect.

Mr. Hanna, counsel for respondent: In view of the evidence it is impossible for me to go further with the case. I am surprised at some of the evidence she gave. I admit that the defence has failed.

His Honor: I am quite sure that no barrister with any respect for himself would have presented this case if he had known the statements she was about to make in the witness box. I rule that there is ground for the petition. A decree nisi will be granted.