THOUGHT VOICE WOULD BE AFFECTED

NZ Truth, Issue 1214, 7 March 1929, Page 5

THOUGHT VOICE WOULD BE AFFECTED

Health Cure Among The Cows and Chickens Was Singer's Panacea For Ills

DIVORCE COURT BATTLE FOR CUSTODY OF CHILD

UTTHB lady, like all her sex, has the 1 right to' change her mind," said ■her counsel, Mr; A. C. Hanlon, in explaining to His Honor, : Mr. Justice MacGregor, that . when the- settlement, was agreed .upon, the wife understood her husband's earnings to be £8 a week. . ■ ... „;■■; Later, however, > it was ascertained that Broad had "much" bigger, business interests, and his salary was £10 a week. „. • . .-'''.•'■'•. . ■ ■ ■ In addition,, he had a.; large, number of .shares in some -of "which he had. a life interest. ... Whereas it had been represented that Broad was worth only £2000, his interests could be assessed at between £7000 and £8000. It had been disclosed to Mrs. " Broad that her husband's shares in the Otago Brush Company had "All Moonshine" increased in value. Broad, had a house and furniture- worth a considerable sum, an.d, he also had a ! - motor car.' ' . ' ■ In view of the circumstances, said Mr. Hanlon, it was questionable whether the agreement was valid, as everything pointed to the wife having been mistaken in respect of her husband's resources. • ... For Broad to contend that he would not 'have applied for the decree absolute but for his wife's agreement to the original settlement, was all "moonshine." .••■'■■• His Honor: Where is the child now? Mr. ■ Hanlon: In the custody of Broad and his present wife. An; agreement. under which the child was given into the wife's custody, said

counsel, had been entered into, and the husband was to see the child at intervals. Subsequently, when Mrs. Broadi went to Italy, the husband took the child, and Mrs. Broad now asked for the legal custody of the daughter, For Wilfred Broad, Mr. W. G: Hay stated that, when Mrs. Broad travelled to Italy for the purpose. of voice production, the child had remained with its father. That' was m 1925, and since the mother's return , to New Zealand m September, 1927, she had only seen her daughter on two occasions. From the witness-box, Broad said he was not addicted to drink, although he may have been less ! temperate m earlier years of his life. . _ ' • _ In. order to pay his wife the £750, he had sold some shares to his brother at £ 3 per share. The value of the shares was now £4/15/-, but there was no understanding that he was to get them back from his brother.

(From "N.Z. Truth's" Special Dunedin Representative).

When, some time ago, Wilfred Lawson Broad, of Dunedin, applied for a divorce decree absolute against Daisy Broad and it was arranged that" m lieu ;. "of alimony the wife should receive a lumpsum of £750, to all intents and purposes their ill-fated union had ceased to exist.; • '. ■ An echo, however, was heard at the Dunedin Divorce Court recently when Mrs. Broad petitioned for permanent maintenance; while Broad wanted the permanent custody of his eight-years-old daughter; .

He had a life ..interest m the firm, but his father's will had not yet been fixed up. Broad hoped that it would he all right. ' Having married again, continued the husband, he had a nice home for his daughter. He regarded the child's mother as more of a "professional touring singer" than a housekeeper, a.nd for that reason considered the daughter would be better m his own custody. /' '' " '':•'. He had not misled Mrs. Broad as to his financial position, and his father's will • had been challenged owing to his sisters applying for maintenance. Fashionably dressed, and with dignified mien, Daisy Broad stepped into th'e witness-box. . ,She . had, she. said, given up the idea of future touring, as a singer. She was sure her little girl would be perfectly"! happy with her. She said she had no ambition to become a professional singer, as m her opinion there was nothing ln it.

• Considering her husband's conduct for years past, she deemed him incapable of looking, after the child. Besides, "one knew . what a stepmother >was." ' - • Mr. Hanlon: Your husband is a bit of a jazz-artist? • ' ' Mrs. Broad: He is all of that and a bit more. One , has only to go round the 'cafes at night to hear about it. Under cross-examination by Mr. Hay, Mrs. Broad stated that her debt to her "maestro" in Italy had been £ 500. She has not been at all well, and was under medical treatment. Questioned- on . the matter, of her health, she said. her treatment was on the lines ; of the ' "open air and the paddocks, or in other words — the cows and : chickens." As a result of her ill health, she thought her voice would be adversely affected. Toured As Singer To,, a further line .of interrogation,? Mrs. " Broad answered that she had* toured' Nqw, Zealand as a singer wljiJt* Mr. Winslpe as her "impressario," and a Mr. Raines acted in a • secretarial capacity. ' With the observation that the child' would no doubt be better with the father, in view of Mrs. Broad being evidently'' '.devoted to an artistic Qareer, His ": Honor settled custody accordingly. . : ' .-..,. With regard to maintenance, an order for' k 2/10/- per week would be made, ..dating:: from '.'November 30, 1928." jShou'ld- Bx-oad's assets improve, . Mrs. Broad; .would be entitled to make fur-; ther- 'application, and have the order reviewed.-:' •'