Life Imprisonment For Neiling

Manawatu Times, Volume 66, Issue 115, 16 May 1941, Page 7

Life Imprisonment For Neiling

“Vile, Sordid and Brutal Crime,” Says Judge JURY FINDS VERDICT OP MANSLAUGHTER *"br Pre** Association. WELLINGTON, ilay 15. After a retirement of four hour* and a-half including a tea adjournment of an hour the jury in the Supreme Court, Wellington, to-night returned a verdict of guilty of manslaughter against Leonard Neiling, brushmaker, aged 29, whose trial for the murder of Marjorie Livingston Horton commenced on Monday. The Chief Justice sentenced Neiling to imprisonment for life. When the jury announced its verdict at 9.8 p.m. ihe prisoner was asked it he had anything to say why sentence should not be passed, he said: “I have this to say: 1 am innocent of the charge. ’ ’ ‘* 1 feel, ’ ’ said prisoner’s senior counsel (Mr. W. E. Leicester), “that though prisoner has made that observation as counsel for the defence I should say this. The defence feels that what it has been permitted to say throughout the trial is sufficient with this exception. I feel it my duty to draw the attention of your Honour to the fact that the evidence shows that defendant was affected or presumably affected by liquor at the time the incidents took place. ’ ’

Upon his Honour as King for information about a conviction for assault on a female recorded against prisoner in 1938 Mr. T. P. McCarthy (junior counsel for prisoner, who appeared for prisoner on that occasion) also said that a drunken brawl took place in Petone and during the struggle Mis* Rangiwhetu, who had given evidence on tne murder charge, was hit. “You have been found guilty of a vile, sordid and brutal offence," said his Honour to prisoner, “and you have been convicted upon evidence which the jury have regarded as conclusive, and 1 share that view. They have taken a merciful view o-f the case in finding you guilty of manslaughter only. 1 shall not take on myself the rospotWbility of allowing you to be at large even alter the fairly substantial term that ie usually imposed nowadays for the offence of manslaughter.

‘ ‘ The way in which you knocked this woman about and then raped her—knocked her about in such a way as to cause her death—these acts, as I sav, constitute a vile and brutal crime. The sentence of the Court is that you be imprisoned and kept at hard labour for life. ’ *

After prisoner had left the dock hi* Honour explained to the jury that the sentence did not mean that the prisoner would remain in prison for life, it would depend on himself iif he could after a certain period satisfy the Prisons Board that lie was safe to be at large and they would act accordingly. But in the meantime he had a duty to protect the public from men of that kind.

During the luncheon adjournment today the jury visited the scene of the offence at Oriental Bay. They retired to consider their verdict at 4.28 p.m. and returned, at 8.24 p.m. to ask the Chief Justice a question about the legal definitions of murder and manslaughter. They returned again at 9 p.m. and re* ceived a further direction and eight minutes later delivered their verdict.