WIFE MURDER CHARGE

New Zealand Herald, Volume LXXIII, Issue 22346, 18 February 1936, Page 13

WIFE MURDER CHARGE

trial of mareo CASE Foil CROWN POISONING ALLEGED WOMAN'S FATAL ILLNESS EVIDENCE COMMENCED The t rinl of Eric Mareo, musician, aged 44, on a eharge of having murdered his "iff. Thelma Clarice Mareo. at Auckland'/ on April 15 of last year, was commenced before Mr. Justice Fair and a jury in the Supreme Court yesterday. , When called on to plead Mareo answered " not guilty " in a strong, clear voice. He was allowed to be seated throughout the proceedings. The accused was ; dressed in a blue striped suit. The Court was not crowded. The women's gallery, which is used only during murder trials, was opened and was about half filled. The cast? for the Crown is being conducted bv Mr. A. H. Johnstone, K.C.. with whom is associated Mi - . V. N. Hubble, of the Crown Prosecutor's office. The defence is in the hands of Mr. H. F. O'Leary, K.C., of Wellington. as senior counsel, with whom are Mr. T. Henry and Mr. K. C. Aekins. Empanelling the Jury The' accused was arrested on September 2, and after a four days' hearing in the Police Court he.was committed on October 3 by Mr. F. K. Hunt, S.M., for trial in the Supreme Court. The grand jury found a true bill in the case at the October sessions, hut the trial was adjourned until the present month to give time for the preparation of the defence. Mr. Johnstone's opening address to the jury lasted from 11.15 a.m. to 2.30 p.m. with an hour's interval for lunch. After that three witnesses, including Miss Elizabeth Mareo, were heard and cross-examined before the Court rose for the day. It was necessary to call 25 namesi yesterday before the full jury was empanelled. The defence exercised its full rights by challenging six and the Crown stood aside seven. The jury comprised: —Messrs. W. K. Jerome (foreman)., F. C. Smith, R. Newth, G. Duffin, N„J. Hunter, A. R. Kent, W. Cossey, ft. E. Wariieford, C. F. Andrews, J.. MeConachv, W. Piatt and D. Glover.

" Mrs. Thelma Clarice Mareo died at Auckland on April 15 last year, and her husband, the accused, is now arraigned before you on the charge of murder," said Mr. Johnstone, in beginning his outline of the case for the Crown. "The case for th# Crown is that he murdered his wife by, administering to her a poisonous substance known as veronal. The charge against the accused is a' very grave one. The law knows none graver. " My duty, therefore, is to ask you to give to this inquiry the close and constant attention which it deserves and requires. I ask this because the evidence which will be called before you is for the most part what is called circumstantial evidence. The Crown in thin case, as in most poisoning cases, will ba unable to put forward any witnesses who actually saw the accused give ver- " onal to the deceased or even any witness who saw him adulterate her food with it. You will, therefore, be asked to form your, conclusions after considering the significance of a number of events, which, the Crown will submit, point conclusively to the guilt of the accused." , The Accused's Career The accused, counsel continued, was about 44 years of age and was an accomplished musician, musical comooser and director. He married in London some years ago a Mrs. Gray and by that marriage there was one child, a son, but Mrs. Gray had a daughter by her former marriage. The first Mrs. Mareo died in England io 1927 or 1928, and in 1931 the accused, with' his daughter, Betty, and his son, Graham, went to Sydney. There in 1933 the accused was employed as the . conductor of an orchestra associated with a theatrical company known as the Ernest 1?oils Revue Company. Among the members of that company was a young woman named Thelma Clarice Trott, a well-educated woman about 27 years of age. She held the degree of B.A. of the I Iniversity of. Queensland. Apparently she sang and acted we!!, and she was semi-principal in the company. Residence In Auckland In September, 1933, the Ernest Rolls Revue Company came to New Zealand, snd the accused and Miss Trott camiwith them. In October of that year accused and Miss Trott were married in Wellington, and apparently they lefl the company either shortly before o:r shortly after the marriage. They then to Auckland to live. Later Betty Wd Graham came from Sydney to join them and the family eventually settled •/ a t No. 1 Tenterden Avenue, Mount Eden. Mrs. Mareo continued to disSarge tlie. ordinary household duties ere unti,l the time of her last illness. From September 21 to October 21, 1934, Mrs. Mareo took the leading part 'n a light 6pera called " Thq Duchess of Dantzic." which was staged at His Majesty's Theatre, Auckland. The accused was .conductor of the orchestra, a nd after the season was over he beanie conductor of the orchestra at a c 'ty theatre. He held that position until the end qf March, 1935, when his engagement terminated. Since then ho ®ad had no regular employment or any Assured source of income.

During their stay in Auckland the accused a iid his wife had made friends, many of them in connection with their musical activities. Two of the friends were more closely intimate than the others, and to them he would refer in detail, said counsel. The first of these was a young woman named Freda Stark, who was occasionally employed as a dancer or otherwise' ui theatrical performances. She was Mrs. Marco's very closest friend. Marco referred to her as his wife's bosom friend," and their friendship dated back to 19.');}, when both she and Mrs. Marco were together in the Ernest. Rolls Revue Company touring the North Island. Miss Stark frequently spent week-ends at the Marco home. I'lie other intimate friend was Eleanor .Jean Brownlee, who was a h'icnd of the accused. She met Marco cai 1\ in 15)34, and was apparently i pupil of his in orchestration. She was a pianist of some ability and a member of Marco's orchestra. In October, l'j.'M, she became pianist to the orchestra conducted by Marco and about the same time became his private secretary, receiving about 10s a week. She also worked with him in the preparation of a film scenario.

I here seemed to have grown up a considerable degree of intimacy between the accused and Miss Brownlee, said counsel. She took him about in her motor-car and they, were " Eric " and ' Eleanor " to one another. She spent many week-ends at Tenterden Avenue in connection with the work on which they were jointly engaged. She showed him every attention, looking after his clothes, and in the end this caused differences between Mareo and his wife. Ihe life of accused and his wife at Tenterden Avenue was very unhappy, said Mr. Johnstone. Mareo said that his wife was given to drink, and suggested that during part of their married life she drank two bottles of sherry every day. Evidence would show that he was occasionally—perhaps oftendrunk. According to the accused his wife suffered from appendicitis, and suffered severely from it during the last fortnight of her life. The post-mortem examination showed that her appendix was perfectly healthy. According to Mareo she had a great dread of childbirth. Miss Freda Stark and Mrs. Mareo went home early from a valedictory function that was held after " The Duchess of Dantzic " season and went to bed. Marco came home an hour or so later drunk and burst into their bedroom. He abused his wife and ordered her into the street. On another occasion ho came home drunk with Miss Brownlee, and, aftpr'a scene which counsel described, Mrs. Mareo and Miss Stark left. They returned the following evening and found Mareo and Miss Brownlee still there. Differences were at least temporarily patched up, and Miss Brownlee wrote to Mrs. Mareo expressing regret for any distress she had caused. Miss Brownlee did not go again to No. 1 Tenterden Avenue until April 15, the day of Mrs. Mareo's death.

Mrs. Mareo was very much upset by the quarrels that occurred, and consulted a doctor, who found her in a state of extreme nervousness. He prescribed for her medicine, the four bottles of which would be produced. ]t did not contain veronal. Purchases From Chemists

Perhaps three weeks before Mrs. Mareo's death Betty Mareo left home because she did not get on with her stepmother. Mareo's domestic situation, then, was that Mrs. Mareo was jealous of Eleanor Brownlee, and Betty had left home. Then Mareo lest his position at the theatre. Freda Stark continued to call and Mrs. Mareo started to regain her health.

Mr. Johnstone then proceeded to describe what he termed two rather extraordinary transactions in which Mareo was concerned. It would be proved, he said, that at the end of March or the beginning: of April Mareo went to Morgan's chemist shop in High Street and asked Morgan to prescribe for his wife. Morgan made up a mixture, which was dark in colour. He also gave Mareo 12 pills, which were pale brown or fawncoloured and were made from the dried glands of animals. Accused then made three separate purchases of veronal. At the end of March at a drug store in Karangahape Boad he bought 25 barbitone tablets, which were placed in a pasteboard container. On April 6 at a chemist's shop near the Town Hall he bought 12 five-grain tablets of veronal, stating that he had been suffering from insomnia Some of these tablets were veronal and some barbitone and they were in a veronal bottle. Accused called a few days later at the same shop and was given 20 more fivegrain tablets in a phial. The Effects of Veronal Barbitone and veronal, said Mr. Johnstone, were merely different names for the same substance. Veronal was a hypnotic drug and was used in medicine to induce sleep. The medicinal dose was five to 10 grains, under the influence of which a patient would remain in a natural sleep for six to eight hours and would wake up refreshed. In excessive doses veronal would cause death, which would be preceded by mental confusion, deep sleep and then coma. The breathing would become laboured and noisy and death Avould ensue in from 24 to 36 hours, although the period might be longer. If the dose were not too large thp patient might recover, but would be giddy and mentally confused. However, these effects soon move off. Once a patient showed signs of recovery he never relapsed into a fatal coma. Small Insurance Policy Unless administered in frequent doses veronal did not accumulate in the body. Practically the whole would be clmininated in 48 hours, although there might be traces Veronal was transferred to the blood stream and did not tend to accumulate in .any one organ. It was readily dissolved in alcohol and very readily in hot milk. Reverting to the situation at the Ma reo home, Mr. Johnstone said Mrs. Mareo was insured for a small policy and Mr. Porter, a representative of the T. and G. Insurance Company, used to call every Monday to collect the premium. On April 8 he called as usual and apparently Mrs. Mareo was in her usual health. Porter had been calling for months and had never seen her under the influence of liquor. During the week she carried out her household duties as usual. Other witnesses would depose to her good health and spirits. On the evening of April 12. Betty Mareo, who had left home a few weeks before, came and had tea at 1 Tenterden Avenue with accused. Betty saw Mrs. Mareo twice in the passage. It was apparent that Mrs. Mareo had cleared away the tea things. Note Written by Mareo Mareo wrote a note and handed it to Betty as she was leaving. He enjoined her not to open it unless she heard of his death. The note contained details of Betty Mareo's parentage. Accused in the note swore that what he was telling was absolutely the truth. I

"Although I have made a failure of my life I hope you will think kindly of me,'' he said. Betty did not return to 1 Tenterden Avenue until after Mrs. Marco's death.

The same evening, April 12, Freda Stark visited the house in Tenterden Avenue. When she arrived Mrs. Mareo was having a bath and while Miss Stark was waiting accused began a discussion with her regarding his wife's health. She had not been feeling well all day, he said. She was alarmed about her condition, but he had bought some stuff for her. This, it was contended, was the mixture bought in High Street. Mrs. M arco seemed in good spirits after 'he bath and did some exercises. Accused came into the room and Mrs. Mareo picked up a pill box in which there were four tablets. She took two and it would be shown that these were the pills from Morgan's. Everything seemed to be going smoothly when .Miss Stark left and there was apparently no sign of alcohol. As she had been requested, Miss Stark went to the house again on April 1:5, arriving about ,'5 p.m. and found Graham Mareo there. It, was said that Mrs.. Mareo was in bed and that Mareo had changed his mind about going out. About 5.:50 p.m. accused came from the bedroom walking with a swaying gait, and with speech faltering, continued Mr. Johnstone. He told Miss Stark of two strange happenings to his wife. He said that on the morning of that day. April 13, be heard a noise in Mrs. Marco's bedroom and found her lying on the floor. He got her back into bed. but later he found her standing in front of the dressing table talking incoherently and apparently looking in the dressing table for curry and eggs. When Miss Stark went into the bedroom Mrs. Marco was apparently sleeping normally. She suggested to Mareo that lie should get a doctor, but he said he could not do that because he had bought her dope. After tea Marco went out for a drive with Eleanor Brownlee. saying that a blow in the fresh air was just what he needed. About 9.30 p.m. Mrs. Mareo called for Miss Stark, who found her confused and strange and apparently dazed. The accused returned about 10 p.m., and Miss Stark and he sat Mrs. Mareo up in bed. She was given a drink of water and. on Miss Stark's suggestion, some sal volatile was obtained and given her. This treatment seemed to waken her up still further. She was given a small piece of toffee and later a cup of hot milk which Mareo brought in and Miss Stark gave to her.

Miss Stark again suggested getting a doctor when Mrs. Mareo fell asleep again, but Mareo said it would do no harm for her to sleep until morning. Miss Stark slept in the bed with Mrs. Mareo and Mareo slept on a Chesterfield alongside. Next morning Marco went to keep an appointment at 10 o'clock, and when Miss Stark again spoke of a doctor he said he would get one when he returned. He came back about 1 p.m.; and when Miss Stark again reminded him of the doctor he said he had telephoned a chemist, who told him that Mrs. Mareo had nervous exhaustion and could sleep for three or four days without harm. Death in Hospital After tea at about 8 o'clock Miss Stark prepared to go home, and again urged Mareo to send for a doctor. He said he would get one soon, from which she presumed he meant later in the evening. At that time Mrs. Mareo had had nothing to eat or drink since she was given the hot milk on the Saturday night. "When accused rose on Monday

morning he noticed that his wife's face was discoloured, and he said he thought this was appendicitis. He suggested that Graham should ring up a doctor, and something of the kind Was apparently done, but without - result. When Miss Stark returned to the house after 1 p.m. she found Mrs. Marco in n dying condition. Miss Stark exclaimed, "Oh, Mr. Mareo, why have you not yet sent for - the doctor 1 !" Without waiting for a reply she ran next door to telephone for a doctor. Dr. Dreadon came at about 3 o'clock and l'ound Mrs. Mareo deeply unconscious and dangerously ill. He thought she was suffering from veronal poisoning and at once ordered her to hospital. Restorative measures were taken there, but they were entirely without effect, and she died about 5.30 p.m. Accused said he thought she was suffering from the effects of medicine he got from a chemist. That evening, about 8 o'clock, Detec-tive-Sergeant Meiklejohn and actingDetective McLean went to the Mareo house and carried out a search. Thev searched chieflv for a brown mixture in a bottle—the bottle accused had got from Morgan's, but this bottle had not been found since. About 8:30 accused and Miss Brownlee arrived. Mr. Meiklejohn asked accused what veronal he had bought recently, and accused said he had bought three lots in three weeks. The detective asked him about the brown pills and accused took two out of his pocket. The detective asked how he came to have so much veronal, and accused said: "Do you think 1 am a murderer? " Accused's Alleged Remarks The detective asked him to produce what he had, and accused produced a phial of ]1 from his pocket. He refused to give the names of the chemists who had supplied him. Mr. Meiklejohn asked accused for a 50-tablet veronal bottle, and he produced a bottle from a suitcase, demurring and stating. " You'll get the chemist's name from it." Other remarks accused made: " [ feel like a criminal " and " I ieel like a cad saying all this about my wife, but I have to take care of myself.' Other remarks he made were: —" I feel like going and hanging myself, bringing all this veronal into the house." Mr. Johnstone then read a statement by accused, which had been taken down by Detective Hamilton. In this statement Mareo said his late wife suflered from her appendix periodically, sometimes as frequently as every three weeks. " She would not have a doctor and had a . great dread of an operation," continued the statement. " She had also a great dread of childbirth and told me many times that she would sooner die than have a child. She did not take drugs as far as I knew, but she indulged in alcohol sometimes to excess.

" She was the principal actress in a romantic light opera called ' The i Duchess of Dantzic,' which ran at Auckland at His Majesty's Theatre and which finished on October 3, 1934, and during that time she drank liquor to excess and since then always had on an average two bottles of sherry every day." Drinking Allegations After further reference to his wife's habits and health, accused had said: " I want it to be clearly understood that the reason 1 was not over anxious about my wife's health at first was that I was under the impression that she had a secret store of spirits and was under the influence of liquor, as I had seen her many times in the past. I have never at any time given her any veronal tablets. In connection with the bottle marked ' lodine and Aconite,' which has been found in my wife's drawer in her bedroom (private drawer), this was bought some time ago when my wife had violent toothache. I cannot say who bought it.

" Since my wife gave up, or said she gave up, alcohol during the past fortnight, she has been in the habit of having a glass of milk before retiring, and she assured me that it made her sleep like a top, and 1 noticed that the milk really did make her more calm in herself. The bottle handed to the police is the one that contained the veronal tablets, and which I found empty where I had hidden it.

"In connection with the bottle containing brown liquid, I have a vague recollection of seeing this bottle on a shelf above the sink one morning while I was cooking breakfast recently, but I cannot say how many days ago. As far as I can remember, I cannot say if this bottle had a label and have 110 idea how it came into the house.

"During the time the play 'The Duchess of Dantzic' was running I bought my wife a bottle of brandy each day, the bulk of which she consumed herself. The play ran 10 days'."

Continuing, Mr. Johnstone said that on. the night of Mrs. Mareo's death accused and Graham went to the room in Wynyard Street occupied by Miss Brownlee, and stayed there for the rest of the night. On the following morning two friends who had been members of V'The Duchess of Dantzic" company, Mrs. Evans and Mrs. Bransgrove, called at the Mareos' home to condole and offer sympathy. The house was empty, and just as they were going away Miss Brownlee drove up with Mareo and Graham in her car. Mareo said that Graham and' lie had walked the streets all night. He talked about Mrs. Mareo's illness and death, and said that on Friday-she did not seem very well and lie gave her some veronal. When the women were leaving accused grasped them by the arms and said, "They won't hang me, will they?" Afterward he telephoned Miss Stark and calling her by her pet name said 1 "Fritters, dear, you will have to be careful what you say to the detectives or you will have a rope round my neck. Tell them in your next statement that you were not in a fit condition to make a statement on the Monday night."

Dr. Walter Gilmour, pathologist, who made tho post-mortem examination of Mrs. Mareo, found all the organs quite healthy except as they had been affected or damaged bv the veronal that had l>een taken, said counsel. The analyst extracted from certain organs of the body, and articles, 14.78 grains of veronal. The medical evidence would be that that was clear indication that Mrs. Mareo had taken a fatal dose of veronal. She must have had, according to the story told by the accused, a dose on Friday night. She probably had another on Saturday morning, and another on Saturday night, from the effects of which she slept on until Sunday night, when possibly she had still another.

Mr. Johnstone said Mareff had veronal in his possession in large quantities, and he had abundant opportunity to administer it. If they concluded that he gave her the dose 011 Friday night or on Saturday night, then they would have 110 difficulty in concluding that he gave her all the doses. "If after having heard the evidence and considered it in all its hearings," said Mr. Johnstone in conclusion, "you come to the conclusion that there is reasonable doubt as to the guilt of the accused, then, gentlemen, he is entitled to be acquitted; but if in the result the conviction is forced upon your minds that accused poisoned his wife, then it will be your duty to say so."