MURDER CHARGE

Press, Volume LXXII, Issue 21715, 24 February 1936, Page 9

MURDER CHARGE

MUSICIAN ON TRIAL AT AUCKLAND HEARING CONTINUED (PBEBB ASSOCIATION TELEGBAM.) AUCKLAND, February 22. The trial of Eric Mareo, aged 44, a musician, on a charge of having murdered his wife last April, was resumed in the Supreme Court, before Mr Justice Fair, this morning. The Crown case is being conducted by Mr A. H. Johnstone, K.C., of Auckland, assisted by Mr V. N. Hubble, and the defence is being conducted by Mr H. F. O'Leary, K.C., of Wellington, assisted by* Mr Trevor Henry and Mr K. C. Aekins. Before Dr. Walter Gilmour, the exr pert pathologist, was called back to the witness box for the continuation of the cross-examination, his Honour said that the jury had intimated that the members would like Graham Mareo and Miss Stark to be recalled to demonstrate with a cup similar to the one used to give milk to Mrs Mareo, "I think it is a request that should be acceded to," said his Honour. ''The witnesses should be called immediately after Pr. Gilmour concludes his. evidence. Have counsel anything to say about this?" Mr Johnstone said that he was not sure if the witnesses were in attendance.

His Honour They should be. Every witness should be in attendance during the hearing of this case. The witnesses to be recalled should not be allowed to confer with anyone. Mr O'Leary said that he thought that the demonstration should be carried out, but steps should be taken to see that neither witness knew the purpose of the recall.

Mr Hubble and Mr Henry left the court to arrange the purchase of milk and cups for a demonstration. At a later stage, demonstrations were given by Freda Stark and Graham Mareo.

Recorded Cases In cross-examining Dr. Gilmour, Mr O'Leary said: "In your evidence in chief you gave details of various cases set out in a paper by Sir William Wilcox. I am,at a loss to know" why you quote them." Witness: To show the quantities recoverable in cases of veronal poisoning.

How many cases altogether?— Seventeen.

All fatal?— Yes. What was the largest quantity recovered? —One hundred and sixty-six grains.

Those cases cannot tell us how much veronal was taken?— No. From the data you cannot calculate it. But it must have been more than the quantity recovered? —Oh, yes. And the cases don't tell us how long after the taking of veronal death occurred?—ln one case it does.

Counsel pursued the crossrexamination concerning the quantities bf veronal recovered by the Government analyst. Witness agreed that the margin between a therapeutic dose and a toxic or poisonous dose was very small. It could be generally stated, he said, that addicts to drugs were inclined towards suicide. Cases of death had been recorded after taking even such small doses as 10 grains of veronal, though in such cases other factors were probably also present. Re-examined by Mr Johnstone, Dr. Gilmour said that veronal was readily soluble in hot milk, and the presence was disguised by the colour of the milk. It was impossible to say whether the last dose was given on Saturday night. It was probably true of all poisons that a preponderance of deaths came from misadventure, suicide, and murder in that order. Giving veronal in milk was a common procedure. Replying to Mr Johnstone, Dr. Gilmour declared that it would be impossible to dissolve a fatal dose of veronal or anything like it in three teaspoonsfuls of sal volatile.

The judge asked the witness to carry out experiments in that connexion and give the results later. The foreman of the jury asked Dr. Gilmour whether, during the post mortem, he found any cause which would account for the pains experienced by Mrs Mareo. "I found no cause to explain it," said Dr. Gilmour.

Kenneth Massey Griffin, Government analyst, recalled, described experiments to prove the solubility of veronal in milk. He said that six tablets could be dissolved in half a cup of hot milk in two minutes. Dr. E. B. Gunson corroborated the main evidence given by Dr. Gilmour. Dr. Gunson *aiso concluded from the evidence of witnesses that Mrs Mareo must have had 100 grains of veronal. Dr. Gunson was still in the box at the adjournment. This afternoon the jury attended the Marylebone Cricket Club v. Auckland cricket match. Tomorrow they will attend a picnic at Motuihi under police escort. '