AN AUDACIOUS WOMAN

Dominion, Volume 20, Issue 54, 27 November 1926, Page 10

AN AUDACIOUS WOMAN

AND MOST UNRELIABLE SURPRISING DIVORCE EVIDENCE Dominion Special. Christchurch, November 26. “What surprises me is that she has the audacity to go into the witness-box and tell a story punctuated throughout by obvious lies.” These words were used by Mr. Justice Stringer to-day after Ivy Margaret Shaw bad given evidence in a divorce case. Her husband, Joseph Shaw, travelling showman, petitioned for a divorce from her. He 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 that she stayed with her husband in Australia for seven. months, being on the move all the time, and living in a tent. She alleged that he told her the best thing she could do wa's to go back to her people in New Zealand. He came to New Zealand, and thev lived together again. After she lived with Rutherford her husband paid her under £1 a week. Frdm Australia he had sent her £1 10s. and ss. Mr. Thomas, for Shaw, produced documents showing that he had paid her much more. Mr. Thomas: Von wrote to your husband, “Dear Joe,—l am sorry I didn’t write before. From your loving wife, Ivy Kisses,” and you were living with Rutherford, you say. Is it true that Rutherford kept von ?—“Yes, and he has five children of his own.”

“And does not keep them? Rutherford’s divorce case is coming on next lanuary.”

“I am satisfied that the evidence of condonation is insufficient,” His Honour said. “There is no evidence that the husband knew of the condition of things in regard to Rutherford. She gave a grossly untrue account of the sums she received from him. She is a most unreliable woman in every respect.” Mr. Hanna (respondent's counsel) : 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 Honour: 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 to be made absolute later.