MAREO FOUND GUILTY

Greymouth Evening Star, 18 June 1936, Page 7

MAREO FOUND GUILTY

NO ‘MERCY’ RECOMMENDATION SCENES IN COURT [PEB PRESS ASSOCIATION.] AUCKLAND, June 17. For the second time this year, Eric Mareo, musician, of Auckland, had tonight to hear a jury bring in a verdict of guilty of murder against him, and to listen to the Judge pronouncing the sentence of death. There was a. very large crowd about

the precincts of the Court when the final decision came at somewhat an earlier hour than had been expected. When the first trial, on'the same charge, concluded on February 26, the verdict was one of guilty with very strong recommendation to mercy. No such recommendation was made tonight. The trial began on June 1, and has thus lasted for 14 days. The jury retired at 5.30 p.m., and they were back in their places a few minutes after eight o’clock. Mareo showed considerable emotion In a few sentences when he addressed Court, before Mr. Justice Callan pronounced the inevitable sentence of death.

The charge against Mareo, who is 45 years of age, was that he murdered his wife, Thelma Clarice Mareo, aged 29, at Auckland, on April 15, of last year, by administering poison, veronal, to her. The prosecution was conducted by Mr. V. R. Meredith, Crown Prosecutor, and Mr. F. McCarthy; while Mr. H. F. O’Leary, K.C., of Wellington, and Messrs T. Henry and K. C. Aekins had charge of the defence. The Judge’s summing-up was continued after lunch, until 5.30. He reviewed the evidence at length. He said that it was definitely established that Mrs. Mareo had died of veronal poisoning. The next questions were: —Did Mareo give it to her? Did he give it to her with intent to kill? Regarding the first of these questions the Crown set

about answering it by this means: — They said that they would prove that | Mrs. Mareo awakened voluntarily, and would show hoW long, and under what circumstances she stayed awake. Then they would show that, after milk was given, she went from sleep to coma. They said that they would establish that it was scientifically impossible for those facts to happen without a further dose of venoral, and that veronal must have been given in milk. If each of those steps be safely taken, said His Honor, then it was safely established that Mareo gave milk that killed her. If any one of these broke, there was a break in the case. The history of the symptoms of the patient depended, almost entirely, on the evidence of Freda Stark —to such an extent that, if the jury had not entire faith in that evidence, it was not good enough to build a medical opinion on. Was she sincere? She was a long time in the box, and, so, some impression must have been formed on that question. His Honor would say this much: That it was a very useful thought to ask: “Was she at all shaken in cross-examination?” “Doctors do not agree,” pointed out His Honor, “but. you, as laymen, must try to understand what it is these doctors are saying, and you must not be afraid to determine.” Motive was dealt with by His Honor. “If this man killed his wife, why?” After quoting authorities, His Honor said that two things in the trial had been brought to notice. They were an apparent lack of association between Mareo and his wife, and the association of Mareo and Eleanor Brownlee.

There had, also, been stressed a tragic and melodramatic letter written by Mareo to Betty. If the suggestion was that his state was desperate—he had lost his job and he, perhaps, thought that there was no hope for his film project—then the jury was entitled to ask if that, particularly, would cause Mareo to take Thelma out of his life with him, if he contemplated suicide.

If, said His Honor, by evidence of another kind, the jury saw that a man had committed murder, they were not to be held back from finding him guilty. RECEPTION OF VERDICT Sharp at eight o’clock, there came a sudden stir among the crowd that had succeeded in gaining admittance to the Court. “Sit down!” shouted a constable. “Stand off the seats!” called another. Swift movements of the officials indicated that the jury was returning. Mareo, the central figure of the drama, returned to his place in the dock in time to w’atch intensely the faces of the jurymen as they entered, one by one. He turned towards Betty Mareo, who was seated in the witness seats, and smiled, and then he turned again to watch the jury. The Registrar exchanged brief words with the foreman. The noises in the Court had hushed to silence before the sharp cry of “Silence!” heralded the entry of the Judge. “Gentlemen of the jury,” asked the Registrar, “have you agreed upon your verdict?” "We have.” was the brief reply.

“How say you? Do you find the prisoner guilty or not guilty?” came the second question. The foreman uttered one word: — “Guilty.” A low, stifled sob could be heard, and signs of emotion among the crowd were suppressed by a call of “Silence!” Mareo, braced against the rail of the dock, stood with his mouth slowly working. He looked towards Miss Mareo and softly called, “Betty!” He then squared his shoulders, and faced the Judge.

“Prisoner at the bar,” continued the Registrar, according to the prescribed form, “have you anything to say why sentence of death should not be passed upon you?” “It is very hard to say anything under the circumstances,” said Mareo, his voice showing signs of emotion, “because it is the second time I have been through this terrible ordeal. I can only say that it seems to me, from a logical, clear-minded man’s reasoning, from the way in which the whole of this case has been conducted by all of the counsel, and after Your Honor’s may I say, marvellous summing up, I have been sentenced on the lying word of Freda Stark! I ought not to say that,” he added, after a pause, “but what can I say? Nothing more!” As the Judge put on the black cap, the Court Crier stood forward to deliver his challenge: "Oyez! Oyez!

Oyez! All manner of persons are commanded to keep Silence while the judgment of death is pronounced by the Court upon the prisoner at the bar, upon pain of fine or imprisonment!” “Eric Mareo,” said His Honor, speaking slowly and firmly, “the sentence of the Court upon you is that you be taken from this place to lawful prison, and thence io the place of execution, and that you be there hanged by the neck until you are dead; and may the Lord have mercy on your soul!” After hearing the sentence of death, Mareo looked again to where Betty Mareo was sitting, and called her name, almost inaudibly. Probably, she was too overcome to be aware of it. Slowly, and apparently reluctantly, he descended the steps, gazing into the faces of the crowd at the back of the Court.

JUDGE’S FINAL COMMENT Another call for silence prepared the way for His Honor to address a few words to the jury and to the counsel engaged in the case. “Mr. Foreman, and gentlemen of the jury,” he said, “I am now able to discharge you, and, on behalf of your country, I express my regret that your services on this occasion have kept you so long,

and have been so arduous. I have to thank you, on behalf of your country, for your long, patient, and careful attention to this case. When service of such unusual magnitude and duration falls to a jury, it is within my power, and it is proper, to give you an exemption from further service for a term of years. In view of what has been done in other long cases of recent occurrence in this city, I think a further complete exemption of six years is appropriate and 1 so order. “It remains only for me to say that

this has been a very long and arduous trial, and has laid a very great strain upon the members of the Bar, leading members and junior members, who have shared in the presentation of both sides of this case. I think I ought to say that all of them have done their task extremely well, and in full conformity with the best traditions of the Bar in this country and in Britain; and, particularly, do I thank them all for this, that, despite the heavy strain we have all been under from the nature of this case, day after day, they have behaved to one another throughout as gentlemen of the Bar and in perfect good temper.” , “The Court stands adjourned until 10 o’clock to-morrow morning,” called the Crier, as the Judge retired through his door, and the tension relaxed. The murmur of voices arose all over the Court. Betty Mareo gave way to

unrestrained sobbing, until a young man and woman hurried to her assistance, and helped her away. Maieo s son, Graham Mareo, did not appear to be present. Still in his wig and gown, and sunk limp over the Bar table, Mr. H. F. O’Leary, K.C., who had twice fought Mareo’s losing battle, bore the appearance of a man who had been struck a cruel blow. Probably the public would have lemained discussing the position indefinitely, but officers of the police quickly shepherded them outside of the building, where groups remained m conversation for some time.

REPRIEVE PETITION. AUCKLAND, June 18. An application for a reprieve is to be prepared immediately by Mr. K. C. Aekins, solicitor for Eric Mareo, who was sentenced to death, last night, on a wife-murder charge. WAIHOU MURDER WHANGAREI, June 17. The Maori Council has concluded its taking of statements from Maoris in reference to the Nelson murder. It is not known whether these statements will be of use to the police. The detectives are anxious to locate the driver of a car which passed Nelson’s gate between 7.40 and 7.50 on the night of the murder. They believe that if the driver came forward the police would be assisted in their investigations.