MURDER CHARGE

Auckland Star, Volume LXXII, Issue 111, 13 May 1941, Page 8

MURDER CHARGE

DEATH OF WOMAN

FURTHER EVIDENCE HEARD

'P A.) WELLIXGTON, this day. The trial of Leonard Neiling, aged 29. on a charge of murdering Mrs. Marjory Livingston Hor-ton, at Wellington, on or about January 9, 1941, was continued before the Chief Justice. Sir Miehael Myers, in the Supreme Court to-day. Evidence was given by Hugh McWhinney, City Council labourer, who assisted a constable to look round to eventually find the injured woman under a shrub. He described what he saw, giving details as to the position in which she was lying, and the visible injuries.

Mrs. Lesa Collins, Petone, who was asked on January S to give accused accommodation for a few days, said she put him in a bach alone. Under cross-examination, witness said she went to the back door of her house at 11.30 p.m. on January 8 and heard coughing from the bach. Next day she saw no blood on accused's clothes.

Evidence on the lines of that given in the Magistrate's Court was given by the driver of and passengers in the bus in which Mrs. Horton, accused, his brother and a Maori girl travelled from Lower Hutt to Petone. It was said that Tom Xeiling and the girl alighted at Petone, but that Leonard Neiling and Mrs. Horton came on to Wellington. ' Taxi Driver's Story. The taxi driver who drove the accused and Mrs. Horton from a si-.iid near the bus stop in Wellington to Oriental Bay, during which journey they called at an hotel and obtained some beer, also testified along the lines of his previous evidence, adding that the finding of a dark spot seemed to be Mrs. Horton's suggestion.

Doctor L. \\. Suckling and Dr. D. Lr. Simpson, who examined Mrs. Horton at the hospital were next called.

Detective \\ . J. Hedlev in giving evidence of an examination of the foreshore where Mrs. Horton was found said there was broken glass from beer bottles about eight yards toward the sea, and about half a chain away there were freshly broken pieces of glass and the neck of a bottle with the cap still on. About 12ft awav he found a man's handkerchief, which appeared to have bloodstains. Two corners were knotted. A full bottle of beer was found by a constable. Injuries to Hand. Witness was questioned regarding injuries to Neiling's hand when he was arrested in Auckland. Witness said Neiling's were typical workman's hands. There were two sores on each. He could not recall whether one had been bleeding. Mr. T. P. McCarthy (for the defence): I put it to you that part of the beach is riddled with glass? Witness: There were a number of pieces of glass there, but they had obviously been in the sea. and were worn by contact with rocks. Mr. McCarthy: Many of them were jagged? Witness: No, Uiey appeared to me to be all worn. Corroborative evidence was given by Detective J. H. Alty. Charles Robert Quinn, drainage contractor, gave evidence as to arranging a job which Len Neiling was to start on January 10, but he did not turn up. Dr. Lynch, pathologist at the Wellington Hospital who conducted the post-mortem, said he found that death was due to cerebral thrombosis, associated with throttling and multiply fractures of the jaw. (Proceeding.)