IVY PROMISES TO CLING

NZ Truth, Issue 976, 9 August 1924, Page 3

IVY PROMISES TO CLING

Married Man's Love Pact

Agreement Contingent On Divorce. Just like the ivy on the old garden wall Clinging so tightly, whate'er may befal: And like the ivy I'll be constant and true, Just like* the ivy I'll cling to you. ;. " : It is many years how since the plaintive, passionate and popular love ditty, of; which the above is a stanza, was the rage, but all down the dusty corridor of time the. perpetually verdant creeper has been, symbolic of unchanging affection; '.Ivy and constancy are now regarded as synonymous by the romantic, while this has even been carried to the nomenclature of the fair sex?. But it is not always found that the individuals who bear such appellations are the embodiment of the sentiments attributed thereto. Unfortunately most of us have our names given us when we have little or no voice m the choice, and at a time when the suitability of the character to the name, is' uncertain. Of course, some people say that names tend to mould character m children. Well, there is a lady named Ivy Constance m the following story,- and the reader can judge for himself.

It is the 'story of an extraordinary case that came before Magistrate Hunt at Auckland the other day, m which the feature was the production, m dramatic circumstances of a startling "agreement between a single woman and a married man as to their pre and post-divorce intentions. Olive May Badham, through Lawyer Schramm, brought an action against he"r husband, Charles Wain Badham, for separation and maintenance, the defendant being represented by Lawyer P'ennell. Outlining the : case, Lawyer Schramm said, that the parties were married eight years ago and that there were f^our children of the union. The wife had been forced to leave her husband because of '■ his conduct with other women and his abuse of her. He had called her very obnoxious names and had accused her of carrying on with other men* which complainant contendr ed was, false. They ••- separated m March last, as life for the wife became unbearable! Since then she had worked as a dentist's mechanic to keep, herself and the (children, and she now asked for separation and maintenance. Lawyer Fennell: Do you know a man named Kerr?— Yes, I have known him since I was a child. Have you ever been with him m the Albert Park? — Yes, I have, m, company, with his sister and other friends; b.ut never by ourselves. , • > ; - ; Defendant went into the witness' ttois and deposed that the '-trouble was caiised through his wife'aaffairs with other men. It was not because of, his flirtations with women.' He reckoned his wife was not a fit, and proper perspn to have charge of the family. ' Then Lawyer. Schramm got his heavy artillery going m. the cross-examina-tion. ' "You are living with : another woman now, are you : not""?" was the first question asked, to which defen-r dant replied that he was not. Counsel .then produced a document with dramatic gesture and asked quite sternly: "Is this not your hand writing?" .■',.' ■ Defendant: "It is." Counsel: "This is an agreement duly signed, your Worship, between the defendant and another woman, and it reads as follows: , Jufcr 18, 1924. [Red seal.] •' "Agreement made this 18th day of July, 1924, between Charles Wain Badham and Ivy Constance- Phillips, of tho same address. The contracting parties hereby agree to become married by all lawful rites within three months of the said Charles .Wain Badham securing a divorce . from Olive May Badham, provided the following conditions are faithfully carried out: — (1) Charles Wain Badham agrees to be absolutely true m every sense of the word to Ivy Constance Phillip's. j (2) The said Ivy Constance Phil- , lip's agrees to be faithful to the. said Charles Wain Badham. (3) In the event of the above por- '* sons proceeding to Australia, Charles Wain Badham to insure for a sum of not less than £500. (4) The said Ivy Constance Phillips do hereby. swear her love for the said Charles Wain Badham. (6) The said Charles Wain Badham do hereby swear his love for the Baid Ivy Constance Phillips." Then followed the signature of each of the parties and a line for the name of a witness, which had not been filled m, and the agreement was finalised by another red paper seal. The document occupied two quarto letter forms, with the business address of tho defendant printed above. The Magistrate: Well, what have you to say to that? Did you write that? Defendant: Yes, I admit I wrote it. And you ask mo to believe you are not living with another woman? — I am not. Lawyer Schramm: I have some rather Interesting letters here, sir. written to the accused by other women, and they are' all m endearing terms. I will read them if your Worship would like to hear them. The S.M.: That agreement Is enough fdr me. Lawyer Schramm: I have another interesting document here, sir, which contains the names of quite a number of ladies. The S.M.: Why, some are from the Y.W.C.A.! Lawyer Schramm: That's to give the tone, sir. The S.M.: It's like a Y.W.C.A. membership card. •■*..-.: Lawyer Schramm: His visiting list; sir. ■■■."'"■>. : ' .-■ ■ '.- ■■■ . The S.M.: That'll dp. He is the one who is not flt to have charge of the family. lam quite satisfied that the story of the wife is true. What are your earnings? Defendant: About £5 a week. I have been paying ray wife £ 3 a week since March. " The S.M.: Well, you can go on paying £3 a week. Separation order granted, with custody of the children.