MURDER CHARGE

Press, Volume LXXII, Issue 21717, 26 February 1936, Page 13

MURDER CHARGE

’ V y : v HEARING OF EVIDENCE CONCLUDED NO WITNESSES CALLED FOR DEFENCE COUNSEL ADDRESS JURY CPKXSS A.S3OCIATIOS TIUKUMJC.) AUCKLAND, February 25. The hearing of evidence in the Mareo trial was concluded to-day. No witnesses were called for the defence. Mr A H. Johnstone, K.C., addressed the jury on behalf of the Crown, and Mr H. F. O’Leary, K.C., of Wellington, was addressing the jury for the defence when the court adjourned until tomorrow. The accused, Eric Mareo, aged 44, a musician, Is charged with, having murdered his wife last April. His Honour Mr Justice Fair was on the bench. Mr Johnstone was assisted by Mr V, N. Hubble, and Mr O’Leary by Messrs Trevor Henry and EL C. Aekins. When the trial was resumed to-day, the cross-examination of DetectiveSergeant Meiklejohn was concluded in half an hour and the* re-examination in two minutes. Later the foreman of the jury asked: “When Mareo said ‘Do you think I am a murderer?’ What was the exact conversation?” His Honour, replying, read the page of evidence referring to the conversetion .in which Detective-Sergeant Meiklejohn asked Mareo how his wife came to have so much veronal. It was then that Mareo replied: “Do you think I am a murderer?” Detective Meiklejohn said that when the detectives called at Miss Brownlee’s room and read the warrant for, the arrest of Mareo, he said: “This is ridiculous.” He asked if he' could telephone to his solicitor, Mr Aekins.- 1 Replying to Mr! Johnstone, the witness said that the size of the room was 9ft x Bft. When being taken to the watchhouse, Mareo asked Miss Brownlee if she could come and see him. He also asked her to tell his son Graham. Mr O'Leary:. What height are you in your stockings? Witness: Six feet and half an inch. When did you decide to arrest Mareo?—September 2, the day be was arrested; * 1 suppose some of. these questions put • to him were directed to be put by medical men?—By my officers. , But you know they came from medical men?— Some might have. Laying the foundation for medical evidence?— They may have been,, When you asked as to what commonsense she had spoken on the Saturday night, that would be what medical men wanted to know?— Yes. * ' Detective Hamilton corroborated the evidence given by Detective-Sergeant Meiklejohn. When the witness was alone ip the front room with Mareo on the night of his wife’s death the accused said; ‘Tve had a double whisky, and Tve a bottle of brandy in the car tq : make me sleep to-night,' I feel like doing myself in.” Witness told the accused not to be silly. When r he mentioned his wife’s drinking Mgreo said; “I feel like a cad saying all this about the poor dear, but I've got to protect myself.” Cross-examined by Mr Aekins,- De-, tective Hamilton said that when the police first went to Tenterden avenue they had no search warrant, but Mareo gave full permission to search the whole bouse. During the making of statements, the accused used “Poor darling” and “Poor dear” often in referring to his wife. The last witness, Detective McLean, corroborated much of the evidence of Detective-Sergeant Meiklejohn and De- I tective Hamilton. • Mr O’Leary informed bis Honour that be desired tp address the jury after the final address by the Crown. His Honour: Yes, Mr O'Leary. Mr Johnstone then commenced his final address. He said that all counsel would wish to thank the jury for their careful attention throughout the hearing, and there was no doubt that the same care and attention would be paid to the end. > ‘ "Case Unshaken” Mr Johnstone said: “We told you last week that Mareo was accused of murdering his wife by administering veronal in a poisonous dose. We said we would not be able to produce any . witness who had actually seen the accused administer the dose, but we maintain that the case which we put forward stands unshaken to-day.” Counsel said the Mareos were both associated with the theatre and allowances should be made for their casual conduct. The allegation that Mrs Mareo drank to excess had been grossly exaggerated. There was a large \aocly , of evidence from people ■ ■who said she was not a drinker, "it is due,to this dead woman," said counsel, “to say she was npt the drunken person her husband would have you believe.” Mr Johnstone said even from Mareo’s own statements he had said that she took no drugs, nor were any drugs found in her belongings. , “You may be certain that they would have been brought into this court if they had.?’ said Mr Johnstone, “What has the evidence to say of the accused. He is a musician, and a married man, but if you accept our ' submissions, - he was a married man only in name. He had no marital relations. Quarrels at home were not infrequent. Betty could not get on with Mrs Mareo. An association grew up between Miss Brownlee ana Mareo. She Eaid one quarter’s fees of £4 4s to im, but after that she ceased paying anything to him. She played his accompaniments at rehearsals—not very high-class music for a woman of her ability. She was typist for him, his secretary. She was his pianist when he conducted the orchestra. She attended to his financial affairs, prepared his scenarios, worked at the week-ends, cleaned up the house, laundered his clothes. She even supplied him with a car, and drove Mareo, drunk and sober. What do we find as soon as Mrs Mareo died? She installed herself there, remaining until the Mareos themselves left. He used her room in Wynyard street. Was not his wife now an incumbrance to Mareo? And so at the end of March, 1935, he found himself out of employment.. He had no money. He was addicted to drink. He was taking veronal every day according, to his own statement. He had spent' all his wife's money, and she. had nothing more,” Mr Johnstone said Mrs Mareo. was looking to the future. She was making winter clothing. She did not leave any note suggesting suicide* Neither was there any evidence showing ' suicidal intent. Neither was thfere any evidence that she bad veronal, Mr Johnstone went on to review in detail the illness of Mrs Mareo, and the medical evidence that she died of veronal poisoning. The question, then, was: Who gave • this veronal? It was the Crown’s, submission that it was given to her intentionally by the accused, who, counsel said, ’ had*' acquired a large stick of veronal. Accused had ample opportunity to r give it Mr Johnstone reviewed at length the evidence regarding milk prepared for Mrs Mareo, stating that Mareo had the means of adding veronal to the milk, and also the opportunity of doing po. The Crown submitted. £bat accused had given his wife doses of veronal on both nights, * Mareo’s attitude during his wife’s illness was commented on by Mr | Johnstone, Mareo’s explanation was l that he thought she was drunk, but i at no time during her three days' ill- : ness was there any smell of liquor ; about her, - Mareo . did not-kndw the f cause of the illness with any. precision, and he should have got a doc--1 tor, “The dictates, of common Rtupanity should have fold him to have

counsel. For the Defence After Mr Johnstone’s address no evL . dence was culled for the defence, end Mr O’Leary proceeded to address the jury on behalf of accused. Ids O'Leary praised the fairness with •. which the prosecution bad been conducted* Referring to accused's relations with Eleanor Brownlee, counsel said any suggestion of impropriety bad been entirely dissipated. The Crown alleged that Mareo murdered bis wife to replace her by Miss Brownlee, but it was . not proved that there was anything wrong in the retetionsbipMr O’Leary submitted that veronal was not a murderer's weapon. When it. had caused death, it bad been a case either of misadventure or suicide.-’Fhe defence agreed that Mrs Mareo died.' from veronal poisoning, but repudiated the suggestion that the drug had been administered by the accused for the purpose of bringing about his wife’s death. It was possibly a case of suicide, but the greatest possibility was death -■ Jxom misadventure. As a further answer to the allegation Of murder, Mr O'Leary saMMwreo’s wife was an asset to him. He , bad planned to take over. 1 the company in . which she was thb leading lady, and , as lata as April 14 ha and Mtesßrownlee were discussing ..this, and another project by which Mrs Mareo was to be the leading lady in a dim adapted from the book “Plume of the Arawas.” Yet the jury was asked to believe that he was. then murdering the woman 'who would be a necessity to him. Miss Brownlee was, not useful on the stage, , but Mrs Mareo was essential to Mareo’s plans. ~, , ,‘ Referring to accused's veronal pur-, chases, counsel said that he freely mentioned them! to Dr, Dreadon and , the police. Bad'he committed murder hd would have got rid of the-remainder of the drug. Accused’s warning to Freda Stark to be careful wbpt she said was accounted for by the fact that he had ’obtained medicine and pills from a chemist for his wife> ‘irregularity, and he thought this might have ; caused-death. He was afraid |o geth doctor' because of this ‘ purchase pf - medicine. Mareo actually bv«p|dateiJ' j . his purchases of veronal. Mareo*S.fm> v prise whsn he found that ' in the , pottle, had gone ’ slsed by' comteeh ■ ' '. •’■= = v: ! - Mr O'Leary had not finished hte address when the court adjourned um4 . , to-morrow. . - 'i , > . *v-: .