DECREE NISI, WITH COSTS.

Star (Christchurch), Issue 17837, 4 May 1926, Page 14

DECREE NISI, WITH COSTS.

WELL-KNOWN SPORTING BARONET DIVORCED.

(Special to the “Star.”) LONDON, March 24. Lady Gilbey was yesterday, in the Divorce Court, granted a decree nisi with costs against her husband, Sir Walter Gilbey, the well-known sporting baronet. Lady Gilbey is sixty-five years of age and Sir Walter sixty-seven. They were married in 1884. The jury found that Sir Walter had been guilty of cruelty, and of adultery with Mrs Mavor, the latter continuing after July, 1923. The Act of July, 1923. ‘makes adultery alone sufficient to entitle a wife to a decree. Sir Walter denied adultery since 1922. When the case opened . yesterday morning, a juror was absent, in addition to the one relieved on Friday. The case was proceeded with before a jury of ten, including three women. Mr Willis, addressing the jury on behalf of Sir Walter, said there were three questions to be considered : M hether he was guilty of cruelty; of adultery; or whether, on account of the new* law, he was guiltv of adulter v since July, 1923? NO VULGAR WORD. TV hat was the position with regard to cruelty? Cruelty had been defined as “ injury to life, limb or health, or reasonable apprehension of the same.” ' In this case there was not the slightest suggestion of cruelty—not a blow, not a threat, not abuse’, not a vulgar word of any kind alleged against him. It was never suggested > that he ever uttered a “ Damn ” or anything of that kind. “I submit,” said Mr Willis, “that the fact that a husband commits adultery 1S cruelty to his wife.” Sir Walter is an honourable man. and let him who is without sin throwstones at him. His name is honoured in business, agriculture, sport, . and wherever he goes.” Mr Willis said that Sir Walter in 1902 took up with Mrs Mavor. It had been held to be cruelty when a man brought his mistress to his house and subjected his wife to the mistress’s company, but there was no suggestion of that; here.” Sir Ellis ITume-Williams, for Lady Gilbey, said that Sir Walter’s affections had gone to another woman, and that brought the indifference which was the beginning of cruelty. The cruelty consisted in Sir Walter parading his mistress before the world.

Dady Gil bey’s maid wrote that Sir W alter was “ mentally murdering his wife,” it w’as a true picture of the situation at that time. Lord Merrivale, summing up, asked the jurors to say whether Sir Walter 194 COmmitted adultery since July,

The jury returned their verdict after a short retirement.