MAREO GUILTY

Manawatu Standard, Volume LVI, Issue 169, 18 June 1936, Page 2

MAREO GUILTY

VERDICT AT RETRIAL. JURY OMITS COMMENT. SCENE IN COURT. Per Press Association. AUCKLAND, June 17. For the second time this year Eric Mareo, the well-known musician, of Auckland, had to-night to hear a jury bring in a verdict of guilty of murder against him, and to listen fo the Judge pronouncing sentence of death. There'was a very large crowd about the precincts cf the Court, when the final decision came at a somewhat 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 a 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 and wero hack in their places a few minutes after 8 o’clock. Mareo showed considerable e.motion in the few sentences he addressed to the Court before Mr Justice Callan pronounced the inevitable sentence of death. The charge against Mareo, who is 45 years of age, was that lie murdered his w'ife, 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 Mr T. Henry and Mr K. C. Aeltins have been in charge of the defence.

JUDGE SUMS UP. “We are all human,” said His Honour Mr Justice Callan in summing up to the jury, “and whatever efforts we make we are likely to err in handling the great amount of material in this case. If I should misstate anything it is your right and duty to help correct me.” His Honour said it was for the prosecution to satisfy them beyond doubt tha.t the charge had been proved. The jury would approach the matter with the same earnestness and degree of care as though their own lives depended on the right answer. The whole case had. to be tried to the jury’s satisfaction on the evidence at this trial as though Mareo had never been tried before. , His Honour reviewed tho evidence at length. He said it was definitely established that Mrs Mareo had died of veronal poisoning. The next onestions were: Did Mareo give it to her. Did he give it to her with intent to Regarding the first ot these the Crown set about answering it by tins means: They said they would prove that Mrs Mareo woke voluntarily, ana would show how long and under what, circumstances she stayed awake, lnen they , would show that after milk was given she went from sleep to coma. They said they would establish that it was scientifically impossible for those facts to happen without a further dose of veronal, and that veronal must have been given in the milk. If each ot those steps be safely taken, said tlis Honour, then it was safely established that Mareo gave the 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.lithe jury had not entire faith in that evidence it was not good enough to build 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 Honour would say this much: I hat it was-a very useful thought to ask, “Was she at all shaken in cross-exam-ination?” ~ . , , “The doctors do not agree, pointed out His Honour, “but you as laymen must try to understand what it is these doctors are saying and you must not he afraid to determine it. Motive was dealt with by His Honour. If this man killed his wife, why ? After quoting authorities. His Honoui said two things in the trial had been brought to notice. They were the apparent lack of association between Mareo “and his wife, and the association of Mareo and Eleanor Brownlee. There had also been stressed the tragic and melodramatic letter written by Mareo to Bettv. If the suggestion was that his state was desjierate—lie had lost liis job and he perhaps thought there was no hope for his film project —the jury was entitled to ask what jiarticularlv would cause Mareo to take Thelma out of his life with him if lie contemplated suic : de. Tf by evidence of another -kind the jury saw that the man had committed murder thev were not to be held back from finding him guilty.His Honoitr’s summing up lasted until 5.30. , , Public interest as shown by tbe attendance at the Court bad fingered at times during the lengthy retrial of Eric Mareo, but it rose to a climax today. All day long there was a busy going and coming of .cars and pedestrians, and long queues of men and of women formed up at their respective entrajices early in the evening when it was known the verdict was to be expected. The crowd grew to record size, and at about 7.30 p.m. the police found it necessary to close and guard all entrances. Scores of cars were parked in the neighbourhood. The final address for the Crown by Mr Meredith closed at 12.20, and 'yis followed by His Honour’s summing up, which lasted until 5,27 p.m., when the jury retired. Sharp at 8 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 ot officials indicated that the jury was returning. ' .. t ~ Mareo, the central figure ot tbe drama, returned to his place in the dock in time to watch intensely the faces of the jurymen as they entered one by one. He turned toward Betty Mareo, who was seated in the witness seats, and smiled, and then turned again to watch the jury. . , The registrar exchanged brief words with the foreman. Noises’ in the Court had been hushed to silence before the sharp cry of ‘Silence heralded the entry of the Judge “Gentleman of the jury, asked the registrar, “have you agreed upon your verdict?” , , . , “We have,” was the brief reply, j “How say you? Do you'find the prisoner guilty or not guilty? came | the second question. ! The foreman littered one word, “Guilty!” , ' , , ! A low stifled sob could be heard, and signs of emotion among the crowd , were suppressed by the call ol j “Silence!” . , c Mareo, braced against the rail of | the dock, stood with his mouth slowly ' working. He looked toward Miss j Mareo and softly' called “Betty He j then squared his shoulders and faced j the Judge. , | “Prisoner at the bar,” continued, the registrar, according to the pre- J scribed 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 tins terrible ordeal. 1 can only say that it seems to me from a logical, clear-minded man’s reasoning, from the way the whole of this case has been conducted by all the counsel, and after Your Honour’s, may I say, marvellous summing tip, T have been sentenced on the lying word of Freda Stark. I ought not to say that,” he added after a pause, “but what can 1 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.”

SENTENCE OF DEATH. “Eric Mareo,” said His Honoui, Bpeaking slowly and firmly, “the sentence of the Court upon you is that you he taken from this place.to a lawful prison and thence to the place or execution, and that you he there hanged by the neck until you are dead, and may the Lord have mercy on your soul.” . After hearing the sentence of deatli, Mareo looked again to where Betty Mareo was sitting and called her name almost inaudibly. Probably she wus too overcome to be aware or it. Slowly, and apparently reluctantly, he descended the steps, gazing into the faces of the silent crowd at the back of the Court. - . Another call for silence prepared the way for His Honour to address a few words to the jury and to counsel engaged in the case. “Mr Foreman and gentleman 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 von so long and have been so arduous. I have to thank you on behalf of the country for your Jong, patient and careful attention to this case. AVhen service of such unusual magnitude and duration falls to a jury it is within my power, and it is proper to <rive you an exemption from rurtner service for a term of years. In view of what has been done in other long cases of recent occurrence m this city I think . a further complete exemption.of six years is appropriate, and I so order. It remains only for me to say this: This has been a very lone: and arduous trial and has Jaid a very great strain upon the members of the Bar, leading members and junior members, who have shared m the presentation of both sides of the 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 m 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. A murmur of voices arose all over the Court. Betty Mareo gave way to unrestrained Sobbing until a young man and a woman hurried to her assistance and helped her away Mareo’s son Graham Mareo, did not appear to he present. Still in his wig and gown, f and.sunk limp over the Bar table, Mr H. I. O’Leary, K.C., who had twice iought Mareo’s long losing battle, bore the appearance of a man who had been struck a cruel blow. Probahlv the public would have remained discussing the position indefinitely, hut officers of the police quickly shepherded them outside the building, where groups remained m conversation for some time.