MURDER CHARGE

Dominion, Volume 34, Issue 136, 5 March 1941, Page 10

MURDER CHARGE

Leonard Neiling Before

Court DEATH OF WOMAN Deceased’s Movements Traced Evidence that throws light yn the movements of Mrs. Marjory Livingston Horton on the day aim night before she was found fatal!} injured between the road and the shore near the Oriental Bay tram terminus was heard in the Magistrates’ Court, Wellington, yesterday, when Leonard Neiling, labourer and ■ brushmaker, aged 29, was charged with murdering her. Mrs. Horton was found on the morning of January 9 unconscious and with serious head injuries and died in hospital on January 12. Sixteen of the 32 witnesses whom the Crown is expected to call had been heard when the Court adjourned till this morning.

Mr. Stout, S.M., was on the bench. Mr. C. H. Weston, K.C., and Mr. W. R. Birks appeared for the Crown and Mr. W. E. Leicester and Mr. T. P, McCarthy for accused. Mrs. Horton’s widower, Captain Mervyn Wilmot Horton, attached to Army Headquarters, Wellington, said he and -liis wife and their daughter lived at 333 The Terrace. When his wife died she was 49. She was not in- good health, being worried about. her son, who was in the Air Force, and he believed she had blood pressure. He and his wife were fond of each other and it was a very happy household. His wife had a failing in intemperance, unfortunately, and in the latter part of her life it had taken a large measure of control over her. At times she would go to considerable lengths to obtain liquor. Deceased’s Habits. To Mr. Leicester witness said he personally did not encourage his wife’s intemperance. He gave her no specific allowance that could be used for drink and did everything that could be possibly done ‘to prevent iter using his money for drink, but he believed that despite his precautions she obtained drink. He did not think she had any other source of money than the housekeeping money. She would resort to practices he would condemn to satisfy her craving. He had no suspicion that his wife had been guilty of immorality and would never believe that that could happen, witness, said to Mr. Weston when he was re-examined. Mervyn Wilmot Horton, Mrs. Horton’s daughter, said her mother left home in the morning to visit Mr. and Mrs. Welby at Lower Hutt. Her mother did not carry any liquor from the house. ft Mrs. Hazel Welby, Lower Hutt, said she had known Mrs, Horton about 22 months. They were on very friendly terms and often exchanged visits. On January 8 she arrived at witness’s house " about noon, carrying three square riggers of draught beer. They and another visitor, Mrs. Alan Hardcastle, had lunch together, and during the afternoon they all drank about a bottle and a half between them. At nearly C p.m. they went to Mrs. Hardcastle's house for an hour. The three women, Mr. Hardcastle and Mr. Welby had dinner at witness’s house. Each drank a glass of beer at dinner. Mrs. Horton left about 10.20 to catch a bus for Wellington. Mrs. Horton drank four or five glasses of beer during the afternoon and one with dinner. She was not intoxicated when she left. ■Witness told Mr. McCarthy that Mrs. Horton would visit her less frequently than once a week, but perhaps more than once a month, and it was rather unusual for her to bring liquor. Witness did not know of Mrs. Horton drinking liquor before her arrival. After dinner Mrs. Horton drank no liquor, refusing a glass of beer and leavi ing a gin highball undrunk. Fronk Welby, husband of the previous witness, said that when Mrs. Horton left the house she appeared to be slightly under the effects of liquor. Answering the magistrate, witness said he was satisfied that Mrs. Horton’s condition was such that it was quite safe for her to catch the bus by herself. Her condition was not verybad. Alan Arthur Hardcastle said that at dinner Mrs. Horton may have had at the most two glasses of beer. In his opinion Mrs. Horton showed no signs of having had liquor when she left. He had not met Mrs. Horton before. Accused’s Movements. Mrs. Lesa Collins, 34 Richmond Street, Petone, said accused was brought to her house by his father ou January 8 with the request that she give him accommodation for a couple of days. She decided to do so. She smelt drink', but did not know who the smell was from. She saw no more of him till next day when'he came in for a wash. She noticed no signs of drink then. On the January 10, she gave him breakfast and cut him a lunch. He said “I’ll see you tonight,” but she did not see him again. Witness said in cross-examination that on January 8 between 11.10 p.m. and 11.20 p.m. she went to tlie back door to put the cat out and heard somebody coughing, apparently in the bach in which accused was living alone. Mr. Weston: Can you be certain the cough came from the bach or from the street? Witness: It came from tlie bach. Mr. Weston was asking witness whether she had made a statement that she was not certain whether the cough came from the bach or the street when an objection by Mr McCarthy that Mr. Weston could not cross-examine a Crown witness was upheld. A visit by accused, his brother and Lis father at 5.30 p.m. on January 8 to the Tramway Hotel. Adelaide Road, of which lie is licensee, was described by Charles John McFarland. Tlie father asked if witness could put up accused for a week. Accused was given a room, but the bed was not slept in that night. Witness had not seen accused since <» p.m. that night. Clifton Ernest Edmonds, taxi proprietor. said he saw one of tlie Neiling brothers talking with a taxi driver near his stand in High Streel. Lower Hutt, about 10.30 or 11 p.m. on January S Tlie other brother was talking to a .Maori girl nearby. The two brothers and tlie girl he lasi saw walking toward a bus stop. Another taxi driver. Albert Rowland Rowntree, gave evidence similar to Edmonds’ but said lie could not recognize again the man with ""horn lie had spoken because his face was not well lighted Hus Passengers' Evidence.

William Henry Staunton, motor driver, Auckland; said that while he was employed by the Railways Department he was the driver of a bus that left Lower Hutt

for Wellington at 10.25 p.m. on January 8. He remembered picking up two women passengers at the corner of Porutu Street and Witako Street, Lower Hutt. At the King George Theatre, in High Street, two men and a Maori girl crossed the street and boarded the bus. The party sat in the very back seat. On the previous trip to Waiwetu via the pipe bridge they had boarded the bus at the Petone Post Office, but alighted when they found the bus did not go to the Hutt. He believed accused was one of the party, but would not swear to it. A woman in the Court also was one of the three. They had been drinking, but were not intoxicated. They alighted ,in Petone. He was under the impression that they all got off there. Cross-examined by Mr. Leicester, witness said it was about a month after the events that he was questioned by the police. Edward Allison Howick, a passenger in the bus, said that a woman aged about 50 boarded the bus at the corner of Witako Street. Witness identified a bag and a case which previous witnesses had said were,Mrs. Horton’s as articles the woman was carrying. On January 27 he attended an identification parade and identified one of the men who had been with the Maori girl in the bus. Janet Frances Marriott Wallis, who was in the company of the previous witness, said she recognized clothes which previous witness had said were Mrs. Horton’s as those worn by the woman who got in at Witako Street. She identified the suitcase also. The Maori girl and one of her companions got off at Nelson Street, Petone, and the elderly woman and the other man continued the journey to Wellington, talking together lin'd alighting together. Accused was the member of the party who came to Wellington. Another passenger in th? bus, Frederick John Wellington, flight rigger at the R.N.Z.A.F. station, Rongotai, who boarded the bus near the Petone Post Office, said he noticed a man and a Maori girl near him in the bus. A man and a woman in front of them were in conversation and he gained the impression that they were newly-acquainted. Start of Acquaintance.

Hariett Rangiwhetu, Waiwetu Road, Lower Hutt, said she had been keeping company with Thomas Neiling, accused’s elder brother. On January 8 she and the two brothers travelled from Petone to Lower Hutt, and the men went into the Family Hotel. Later they went to a taxi stand and then caught the bus. Witness gave a match to a woman who asked accused for one. Accused and the woman spoke to each other. To Mr. Leicester witness said the woman started the conversation. She had no drinks that evening. Tom ‘'had a few in him,’’ but she could not tell whether accused had had drink. The journey ti Lower Hutt was for the express purpose of obtaining drink but none was obtained. Drive to Oriental Bay. Clarence Keith Taylor, taxi driver, said that on the night of January 8 be was on the stand at the Government Printing Office, near the Wellington Railway Station. Between 11.30 and 12 a man and woman came from the vicinity of a bus and hired the car. The man had had one or two drinks and his speech was rather husky, but witness would not say the man was drunk. He asked witness to get him some beer. Witness answered that it was rather late, but he would try the Carlton Hotel. At the hotel the man passenger and witness got out and witness rang the bell. A porter came to the door. Witness left the man to order what he wanted. He heard the man ask the porter for beer and gin. After a minute or two he went back to the taxi. While they were standing there he asked the man where he wanted to go next and he replied “'Oriental Bay.” The porter brought out the beer in a parcel, but wit ness could not say whether gin was obtained. The woman appeared sober, but seemetra bit nervous while they were at the hotel. He drove them to Oriental Bay. Just as he passed the terminus it v.as said that the place was rather light and he was directed to stop in the next bend. He stopped between two trees on the left-hand side. He had since pointed out the place to the police. The passengers alighted. Witness was paid and the man. after eliciting that witness would be working Jill about 2 a.nt., said he would give him another iob. At an identification parade he identified a man as the one he had taken to Oriental Bay Under cross-examination witness said the woman was within hearing when he was asked to assist in the providing >f the liquor, and the drive appeared to be the result of prior arrangement. Constable P. Stanaway told of his going to Oriental Bay as the result of a telephone message received by the police and of the position and condition of Mrs. Horton when lie reached her. She had injuries on her face and head and there was blood about the place. After sitting all day. the Court adjourned till 10 a.m. today.