MURDER CHARGE

Dominion, Volume 34, Issue 137, 6 March 1941, Page 9

MURDER CHARGE

Neiling Committed For Trial MRS. HORTON’S DEATH

Evidence Of Police And Pathologists

On the conclusion yesterday afternoon of the hearing in the Magistrates’ Court, Wellington, of the evidence called to support the charge against Leonard Neiling, brushmaker and labourer, aged 29, of murdering Marjorie Livingston Horton, accused reserved his defence and was committed to the Supreme Court for trial at the next sessions. Unconscious and with serious injuries to her neck and head, Mrs. Horton was found between the sea and the road near the Oriental Bay tram terminus on the morning of January 9. She died in hospital three days later without regaining consciousness. Most of the evidence yesterday was from police and technical witnesses, including pathologists. The hearing- occupied two full days and over 30 witnesses were heard. Sir. Stout, SjM., 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 the defence. The first witness yesterday was Dr. ' L. W. Suckling: a member of the staff of the Wellington Hospital, who examined Mrs. Horton on her admission to the hospital about 9 a.m. on January 9. He said it was apparent then that she was in a grave condition. She was able to be aroused from unconsciousness, but not for long periods. Both eyelids were bruised. There were two cuts on her face. Her jaw appeared to be broken, and there was a considerable amount of congealed blood about her, as well as fresh blood she had been vomiting. She was suffering Mrom severe shock, and there were Silications that she had been exposed io the atmosphere for some time. Further details of Mrs. Horton’s condition were given by Dr. D. G. Simpson, who had made a more deliberate examination after she had been placed in a ward. Everything possible was ' done for her, he said. At times she was more conscious than at others, and by attentive listening a nurse was able to get her name and address. She went steadily downhill and died in coma on the morning of January 12. Beer Bottles on Beach. Detective W. J. Hedley, describing the place where x Mrs. Horton was found, said he found broken beer bottles on the beach and a man’s handkerchief with what appeared to be bloodstains on it. A constable found a full beer bottle near. In answer' to Mr. Leicester, witness said there were indications that other people had been drinking on the foreshore where Mrs. Horton was found, but no freshly broken bottles were found except those produced. Charles Robert Quinn, drainage contractor, said the Neiling brothers visited him on January 9, Thomas Neiling, whom witness had employed before he (Neiling) went into camp, having asked witness to'give his brother a job. He had not known Leonard Neiling previously. It was agreed that Leonard Neiling should start - work next day, but witness had not seen him again till yesterday. Photographs of Mrs. Horton taken in a ward at the hospital were produced by lan Keedwell Noble, photographer in the X-ray department of the hospital. Mr. Leicester objected to the production of the photographs, which objection the magistrate said would be noted. Pathologist’s EvidenceThe results of a post mortem examination were described by Dr. P. P? Lynch, consulting pathologist to the Wellington Hospital. Many of Mrs. Horton’s injuries, he said, could be caused by a struggle or by her being ' forced to the ground. Her lower jaw, which was unusually thin, was fractured in three places. All the fractures could have been caused by violent blows on the point of the jaw, and the jaw and head injuries could have been caused by the bare fist. Some of the injuries, he thought, could only be caused by throttling. Part of the brain had been affected by the injuries she had received. The cause of death was cerebral thrombosis associated with trottling and multiple fractures of the jaw.

All the injuries ou deceased’s face and jaw, Dr. Lynch said he thought, had preceded the throttling injuries. The injuries on the jaw, though they might have stunned her, were unlikely to have rendered her completely silent The position of the blood stains on the beach suggested that she was standing on the beach when she was struck. Marks behind the knees and bruises about the body were consistent with her having' been forced back over the retaining wall on which she was found into a position in which sexual connexion could easily have taken place. The throttling could have been done more easily in that position than when she was standing. That the throttling was done in the position in which she was r found was shown by the fact that the injuries it caused would almost certainly have caused unconsciousness. It could have been done by the assailant kneeling over her in the position in which she was found and using one hand. Blood Stains on Suit. Dr. Lynch said he looked at accused’s hands on January 25, and though the skin had been knocked off the backs of his hands, it was nothing more than would be expected on the hands of any working man. He was shown by the police a suit which he was told had been taken from accused. It had a faint discolouration on the point of the Shoulder of the jacket. When the fibres were separated with a feezing needle dried blood dust came from them. The canvas below was stained and it was obvious that the blood had soaked through to it, and he judged that the blood stain had been partly washed out or rubbed out. Indications of human blood were obtained from the fibres of the cloth and the canvas. Witness described blood stains on the left lapel of the jacket, about the top buttonhole of the waistcoat and in the trouser pockets. He and Dr. Mercer, who was associated with him in the examinations and tests, attempted to determine the group to which the blood that had made the stain belonged but got no satisfactory results. Dr. J. 0. Mercer, pathologist to the hospital, said the neck injuries were typical of throttling and pointed to an extreme degree of violence. The fractures of the jaw would be caused by a blow or blows on its point. The immediate cause of death was softening of the brain, or thrombosis, due to

the obstruction of one of the vessels supplying the brain. Constable J. Needham, Auckland,- said he accosted accused In an hotel in Auckland on January 23. When he said .to accused that he was looking for Leonard Neiling, of Wellington, accused replied, “I am not the man. I am Bob Manning, of Onehunga.” Accused had nothing on him by which to identify himself, but said a barman could say who he was. However, the barman said he did not know accused. Accused tried to run away, but was caught by witness and arrested. He took possession of the clothing accused was wearing, including the suit to which Dr. Lynch had referred. Accused’s Statements.

Detective-Sergeant ML McLennan said that he saw Mrs. Horton in hospital on January 9, 10 and 11, and on each occasion she was unconscious and unable to give an account of what had happened. On January 24 at the Auckland Police Station he interviewed accused, telling him he was inquiring into the death of Mrs. Horton, but accused declined to make a statement. He then read to accused a statement made by Hariett Rangiwhetu. • Accused said, “I was on that bus all right, but I will say nothing further.” Witness told Netting what was known of the events in the bus, but accused said he would say nothing till he had consulted a solicitor. After accused had been told that it was alleged that he and Mrs. Horton had gone in a taxi to the Carlton Hotel and Oriental Bay he said, “I was not in the taxi, art the Carlton Hotel or at Oriental Bay with this woman. I do not know her.” He admitted that the suit produced was worn by him on the night of January 8. He explained the stains on it by saying he had knocked his hand on a door in a Newmarket hotel and that his hand had bled. He did not know the name of the hotel. At the Wellington police station, witness continued, accused said he was in the taxi on the night of January 8 and went to the Carlton Hotel and got four bottles of beer and half a bottle of gin. When it was pointed out that, he had denied this, he said that what he had meant previously was not to deny those actions, but that he would not make a statement then. He said he would not deny that he was at Oriental Bay, but he was not on the beach. Witness charged him with murder on January 27. Accused again said he would not say anything. Cross-examined, witness agreed that a slight knock could cause the sores on accused’s hands to bleed. Chief-Detective J. B. Young, in charge of the detective office, Wellington, said he conducted an identification parade at the central police station on January 27 to give witnesses an opportunity of identifying or otherwise accused as the man in company with Mrs. Horton, on the night of January 8. It consisted of 14 men similar in age and appearance to accused and accused. The witnesses Taylor, the taxi driver, and 'Wellington and Howick, passengers in the Hutt-Wellington bus. chose accused as the man they had seen previously. The chief detective’s evidence closed the case for the Crown.