DIVORCE SOUGHT

Hawke's Bay Herald-Tribune, Issue 206, 16 September 1937, Page 7

DIVORCE SOUGHT

Press Association. ^

Further Evidence in Radley Case CR0WN INTERVENTION

(By Telegraph—

AUCKLAND, Last Night. Further evidence was heard in the Supreme Oonrt to-day in the case in which the Soficitor-General is intervening to oppose the making absolute of a divorce decreo nisi obtained by the petitioner, Gcoffrcy Squire Eadley, fruit and produce merchant, of Christchurch, againat liis wife, Dorothy Whaley Eadley, from Mr Justice Fair on November 16 last, on the ground that a separation agreement entered into between the parties on Angust 26, 3932, had been in full force and effeet ever smce. " On behalf of the Crown, it is alleged that the decree nisi was obtained contrary to the natural justice of the cause, owing to material facts being concealed from the Court. Mr Finlay appeared for the petitioner and Mr Meredith for the Crown. Tlie last witnfcss was 'Barbara Me-; Gregor Wells, a married woman, who, before her marriage, was in service for three and a*half years in the Radley household. She told the Court that Mrs. Radley had a nasty temper. Sometimes she treated the children well and at other times badly. When the children were naughty they sohietimes were put to bed for a day without anything to read, witness said. One morning she thrashed the boy, stood him under a cold ehower and put a handkerchief round his mouth to stop him from screaming. At that time the boy was about seven years old. Witness said Radley protested against his wife's treatment of the children, whereupon Mrs. Eadley would beconie annoyed. Sometimes she struck him. This closed the case for petitioner and Mr. Finlay began his address. He cast, grave doubts upon the veracity and genuineness of the diary entries and upon their value generally as evidence. His Honour interrupted with ihe observation that the diary had all ,the appearance of a genuine, Oontemporaneous thing noted day by day, xccording many little things of interest and commettting in an entirely natural fashion upon various5 matrimonial affairs. His Honour said he could find nothing about the diary entries to suggest that somo of them at any rate, were made later than they appeared. This fact had made a certain impression upon him as commonsensp prompted. Counsel said that if certain statements in tho- diary dealing with incidents concetning them both, were shown to be wrong, then the diary and all its contenta would have to go. Mrs; Bad'ley was a' victim of mania, he said — a woman determined to gain her eiids by whatever means she thought fit to defeat her husband's desire for freedom. On the evidence petitioner was entitlcd to a decree absolute. Mr. Meredith said Eadley 's treatment of his wife was reprehensible to a marked degree and his conduct had been calculated in most cases to force her to agree to a separation. There was little jdoubt that becatiso of the way in which jtl# diary was used during the hearing ,of tho case, its entries were capable of ibeing accepted as evidence. There apjpcared to be no doubt as to their ■genuino character, he concluded, and 'there cevtainly had been elicited in jCourt, evidence to show that Eadley should not succeed on his application [for a decree absolute. | His Honour said he would take time (to consider his decision.