Mareo Re-trial

Manawatu Times, Volume 61, Issue 141, 17 June 1936, Page 7

Mareo Re-trial

Finish of Evidence for Defence

MR O’LEARY ADDRESSES THE JURY Per Press Association. AUCKLAND, Last Night. The Court was crowded tis morning when evidence for the defence in the Marco rc-trial was concluded with the completion of the cross-examination of Dr. Giesen. “You have contradicted ' all the evidence of the medical men. Can you quote any literature to support your view?” asked Mr. Meredith. Witness: “I don’t know if I C3n.” Mr. Meredith: “You remember Mrs. Marco’s weight was given by Freda Stark as just under eight stouc.” Witness: “Yes.” Mr. Meredith: “Does it not follow that there must have been many times six grains of veronal in the whole of the body at death ? Witness: All we know as to the amount of veronal at death is the amount extracted, and we know there must have beeu more. As to how much more nobody can make any estimate. Mr. Meredith: 1 put it to you that there must have been many times ( inorc. Witness: I cannot concerlo that. Mr. Meredith: Is there any other medical man who can support you in your propositions. Witness: 1 don’t know of any. Re-examined by Mr. O’Leary, Dr. Giesen said he had been in active practice in Wellington for 30 years. Other medical men still consulted him. For twelve years he was an examiner l'or the University of New Zealand — for two years on toxicology and medical jurisprudence. After several technical questions had been asked by the foreman of the jury Dr. Giesen left the box. The Crown called George Seymour Deiui Slieard, of Mount Eden, who in 1028, was a member of the HumpkreyBi.shop Musical Comedy Company. He said that in Adelaide he was the tenor of the show and Thelma Trott, afterwards Mrs. Mareo, was the soprano. They sang duets, lie saw her every day and night for five weeks aud she stayed with his peoplo for three or four weeks. “I’ve no knowledge of her ever taking veronal during that period,” said witness. “She was not dopey and depressed, on the contrary, brightness was one of the greatest of her assets. i knew her on a tour of Australia, Tasmania and New Zealand for about two and a half years, and never saw any signs of dopiness which had been referred to. Miss Trott not only did her ordinary show work, but also acted as Humphrey-Bishops’ secretary.” Crossed-cxamined by Mr. O’Leary: Witness said ho realised Mrs. Mareo would be au asset to Mareo. Re-examined he said that in view of Miss Trott’s experience with the Hum-pkrey-Bishop Co. she would be an asset as a secretary. Defence Counsel’s Address. Counsel for the defence, Mr. O’Leary, K.U., addressing the jury, asked them to consider what would be the end of the trial for the. man iu the dock charged with murder the penalty oi wlucu they know. Would lie be free to return to his children arid his friends or would lie return to tko cell where he bad beeu incarcerated? Veronal was not a murderer ’s weapon, counsel went on. The records showed that deaths from veronal in the case of adults rose in the main lroui misadventure aud suicide. What might kill one person might have littio or no clfect on another. A person setting out to murder by icronal could nave no idea as to how much to give. Tne Grown selected the possibility that Marco had givou veronal to Mrs. Marco, lie did ii, the Crown said, at a time when Mr. and Mrs. Mareo were said to bo happy and when Freda kit ark was present. The defence contended I hat. the most likely alternative was that Mrs. Mareo by accident or design took the veronal herseu. it, was most likely and most consistent that, sac had had some innocently on Friday night, that on (Saturday she got up after me manner el persons unuer the influence ot veronal, or even without getting up, c.nd took the store of veronal and that was what killed her. Mr. O Leary dealt next with the relations between Marco and Eleanor Brownlee, lie spoke of the quarrel which took place after the Dixieland parly when ALiss Brownlee brought Mareo home drunk. That in itself was aa indication that there was nothing improper between them. A mail did not bring his mistress into the bosum of bis lainily when he was allegedly murdering this woman. Mareo was drafting a letter to J. (J. Williamson. Limited, asking them to lake ovoi “The Duchess of Dantzig,” the play iu which his wife played the leading part. Thcima Marco was essential to Marco’s future projects and yet the jury was asked to believe that he had murdered her. it might be suggested that Miss Brownlee was to take Mrs. Marco’s place, but she was not an actress.

‘‘To procure veronal Marco went to chemists who knew him,” said Mr. O’Leary. ‘‘Ho told the detectives ho was taking veronal and told others he knew he was taking it. Are those the actions of a guilty' man? Would he not have got rid of the stuff had he been guilty? All Mareo’s actions in regard to the veronal were frank and were certainly not those of a guilty man. As soon as his wife died he candidly admitted possession of the veronal. He never hesitated. He thought that his wife’s condition was due to tho medicine he had given her and ho was not candid about the medicine because he thought he had committed an offence. I ask you to contrast his actions over tho corrective medicine and his action regarding the veronal. On tho one hand he was candid, truthful and

straightforward and on the other he was not.” Defence Evidenco Attacked Mr. Meredith, in addressing the jury, attacked tho defence evidence: <( I am going to put it to you,” said Mr. Meroditli, ‘‘that that evidence has no bearing or practically none on this case. The whole case now depends on the careful consideration of the incidents from the Friday night to the Monday afternoon when Thelma Mareo died. It was surprising that it was necessary to bring people from Australia to prove Mrs. Mareo’s drinking habits. There should have been plenty of people in New Zealand and in Auckland who knew her intimately. Peoplo who knew her in Australia and performed with her there said they knew nothing of these accusations. Dr. Giesen, who was called for the defence, put up a most amazing proposition. Ho was a man who had admittedly studied the case from the outset and he advised the defence that everyone was wrong, but he did not come to the last trial and give evidence and it was only now that he got into tho firing line. I)r. Giesen's theory’ was a contradiction of several reputable men who gave their evidence with certainty and who were supported by textbooks. Surely’ out of thousands of medical men in New Zealand there must have been some who would have come forward in the interests of justice to support Dr. Giesen.

Mr. Meredith had not finished whes the Court adjourned.