DEFENCE OPENED.

Ashburton Guardian, Volume 61, Issue 181, 15 May 1941, Page 3

DEFENCE OPENED.

MAN ACCUSED OF MURDER. THE WELLINGTON TRAGEDY, (P.A.) WELLINGTON, May 14. The trial of Leonard Neiling, aged 29, on a charge of murdering Airs Alarjory Livingstone Horton at AVellington on or about January 9, 1941, was continued before the. Chief Justice (the Rt. Hon. Sir Aliclmel Alyers) to-day. Air C. H. Weston, K.C., and Air AV. R. Birks, appeared for the Crown, and Mr W. E. Leicester and .Mr T. P. AlcCarthy for the defence. Detective-Sergeant McLennan said that the accused, in reply to a question, said he would not make any statement about his movements between noon on January 8 and noon the next day. When told of the allegations against him, Nailing had said: “I was not in a taxi, nor at the Carlton Hotel, nor at Oriental Bay, with this woman. I do not know her.’’ Nailing’s explanation of the bloodstains on his clothing was that lie had knocked hi* hand on the door of a Newmarket Hotel; but he could not give the. name of the hotel. Accused later, however, admitted that he had been in a taxi, and had gone to the Carlton Hotel to get some beer. The last witness for the Crown was Chief Detective Young, who gave evidence regarding an identification parade held at the AA 7 ellington Police Station.

Counsel for the accused intimated that he proposed to call evidence. Opening the case for the accused, Mr Leicester pointed out that for a verdict of guilty to be returned the Crown had to prove that its theory was the only reasonable one on which the jury could act. He hoped to show not only that the Crown’s theory was false; but further, that there was an alternative one, on which they Should act. Even if it were assumed that accused was the man who was at Oriental Bay with Mrs Horton, the defence had an alternative theory of how she came by her injuries. The Crown put forward the theory of throttling to account for her death. The alternative theory, that evidence would be brought to support, was that here was a woman who, under the influence of liquor, suggested that she and the man with her find a dark spot in which to drink. While they were there she wanted to vomit, and placed her false teeth down, and went down to the water. She was wearing highheel shoes, and the defence suggested that she fell, got the cuts, and broke her jaw. Mr Leicester said that expert medical evidence would be brought than would be a counter to the theory that death was caused by throttling, and to show also that the facial injuries would not have caused death had Mrs Horton not had degenerated arteries. Evidence, was given hv Frances Rose Quitotnl that accused stayed with her ahd her husband at karehana Bay, Plimmorton, from the evening of January 9 to January 12 at 9 a.m., when lie departed for Auckland. In that time he Went about openly. Robert Watt, probation officer at Wellington, said that accused was at liberty on probation granted by the Prisons Board at the time of the alleged crime. Ho had bff.'ii in gaol for breaking and entering. On January S and 9 lie called at witness’s office for money due to him. Expert evidence was being given by Dr. A. E. Park to support Mr Leicester’s contentions when the Court rose.