THE TRIAL OF MAREO

New Zealand Herald, Volume LXXIII, Issue 22349, 21 February 1936, Page 13

THE TRIAL OF MAREO

MURDER charge DEATH OF WIFE evidence by doctors POISON SUSPECTED DECEASED WOMAN'S CONDITION Steady progress was made in the Supreme Court yesterday in the trial of Eric Mareo, musician, aged 44, who is charged with the murder of his wife, Thelma Clarice Mareo, at Auckland, on April 15. 1935. Nino witnesses were heard, including two doctors. The Court was again crowded, women predominating, and many people who were unable to gain admittance waited in queues outside. Five constables were engaged in controlling the queue of •women in the morning. The crowd started to-gather outside the Court'«as early as eight o'clock. A number of people were to be seen yesterday having their lunches in the Supreme Court grounds.

The cross-examination of Miss Freda Stark was completed shortly after the resumption of the hearing yesterday morning. Miss Eleanor Brownlee, who had assisted Mareo in his musical work and the preparation of a film scenario, entered the witness box at 10.15 and remained there until 12.30 .Sho was allowed to be seated. Most of the afternoon was taken up in the hearing of the evidence of Miss Freda Evans and Miss Dorjs Bransgrove. The evidence was also taken of Dr. J. Dreadon, who had been called in prior to Mrs. Mareo's death, and Dr. R. D. Keanan, who attended her upon her admission to the Auckland Hospital. The trial/ is being conducted by Mr. Justice Fair. Mr. A. H. Johnstone, K.C., and Mr, V. N. Hubble are presenting the case for the Crown, and the defence is in the hands of Mr. H. F. O'Leary, K.C., supported by Mr. T. Henry and Mr. K. C. Aekins. Scenario ol Film Continuing his cross-examination of Miss Freda Stark, Mr. O'Leary questioned heir regarding the work Mareo was doing after he lost his employment at the theatre at the end of March. "Do you know whether Mareo was working, on a scenario of Judge Acheson's book, 'Plume of the Arawas,' before he left the orchestra?" asked Mr. O'Leary, "Yes," replied witness. Miss Brownlee was assisting him?— Yes. Before and after he tost his employment ? —Yes. Did the Mareos appear to you to be quite happy on the Friday before Mrs. Mareo's death? —Yes.

And they had been so for some weeks, had they not?— Yes. Witness said she did not remember any conversation with Betty Mareo regarding Mrs. Marco's drinking. She did not tell her that Mrs. Mareo was drinking while at Buckland's Beach. A statement that, "Daddy didn't drink before he'met Thelma," which she was supposed to have made to Betty Mareo, was also denied by Miss Stark. Art Photographs

Re-examined by Mr. Johnstone, witness said she had once been photographed . for art purposes by a wellknown photographer in Auckland in the presence of his wife. The photograph was taken to be sent to London for exhibition, purposes, but it was not exhibited. Witness gave one phqtograph to Mrs. Mareo. She had been photographed before, mostly in dancing poses. Two of these photographs had been accepted by the Rochester Art Exhibition, London. Concerning thp statement that Mareo

1 did not drink before he met his wife, - witness said §he. could not have made that statement because she knew Mareo when he was in the Ernest Rolls Revue Company,, and he was drinking heavily then. " Did you yourself ever give veronal to Mis. 'Mareo? " was counsel's final question to witness. " No," replied Miss Stark. Miss Brownlee's Evidence

The next witness, Eleanor Jeanie Brownlee, single, of Auckland, said she had known Mareo for about a year before Mrs. Mareo's death. She first met him when she took lessons in orchestration. . . Witness said she became the pianist in the theatre orchestra, being paid £2 a week. She also did secretarial work for Mareo, who paid her 10s a week. Her association with Mareo continued after the death of Mrs. Mareo. Witness said she went to the house at Tenterden Avenue on business. She and Marco were working on the film scenfirio. Her visits ceased about seven or eight weeks before Mrs. Mareo's death. Incident at the House

On one Saturday night she went out to the house after the theatre with Mareo, who was under the influence of liquor. Witness intended to stay the sight at the house, on the invitation of Ilareo. She was there in connection with the film work. Witness went into the sitting room and was making up a bed on two chairs when she heard a noise in the passage. She went out and found Freda Stark and Mrs Mareo there. Mareo was in the bathroom. I went back to the sitting room and I heard Thelnia calling out to Graham," Continued witness. She sounded as if sbe was calling for help. I knocked on the bathroom door, but Thelma still kept o:i calling, so I went in. Mareo w as near the door and Mrs. Marco was the other side of the bathroom, well away from him. She had her head in her hands " The Note of Apology

. Mrs. Marco seemed to think someone was hurting her, witness continued. After leaving the bathroom Mrs. Marco left the house with Freda Stark. WitBess stayed there that night, sleeping in Mrs. Marco's bedroom. Marco slept m the sitting room. Witness remained at the house on tlic Sunday until the evening. .Mrs. Marco returned about three-quarters of an hour before she "•ft, but witness had no conversation frith hcrl Mr. Hubble: Did Marco mention the Bathroom incident 011 the Monday?— He said/Mrs. Marco thought J owed her nii apology Witness had said she would apologise fend wrote the note which had been produced in Court the previous day. from that time until April 15, when Mrs. Marco died, witness had not been in the house, but the work was continued with the scenario. Mr. Hubble: Did you see Mareo on Thursday, . April 11? —Yes. "Wherei..was that? —At my place at w »yard Street. When had you left your parents' home?—]n September, 1934. Witness saw Mareo again on the friday, and on the Saturday met him Outside the house in Tenterden Avenue, hut she did-not go inside. "We got

into the car, but I cannot remember where wo \vent to," sho said. "We discussed the letter I had written. I dropped Mareo at Balmoral Road. "On the Sunday morning I was out in connection with the film work. I saw Mareo again on the Monday morning. I had waited for him at Balmoral Road. Graham came along, and I drove to Tcnterden Avenue. That was the first time I had been in the house since che Saturday night." Mr.'Hubble: Where was Mareo?—Ho was in the kitchen. Did he say anything of Mrs. Mareo? —He said she seemed ill and needed a doctor. What was Mrs. Mareo's condition ? She seemed to bo asleep. She was breathing quite regularly. Did you inquire anything from Mareo?—l asked whether she had been taking anv medicine What did he say?—T think he said sho had been taking some pills and that ho had two. A Doctor Suggested Did you do anything about getting n doctor? —I suggested a doctor he should get. What did Mareo say?—Ho said he thought he should get one "Freda had spoken of, as Thelma would prefer Freda's doctor. Was any other doctor rung?— No. Why was that?—l did not think it was necessary because Thelma did not look ill. What was done then?—lt was decided to leave it and ring at 1.30. What time did you leave?— Just before 1.30. When you met Mareo again after his wife's death did he say anything about the cause of. her death?—Ho said the doctor thought she had died of veronal. Witness had met Mareo at the hospital gates after his wife's death and afterward took him to Tenterden Avenue. She returned then to her place in Wynyard Street. "Mareo and Graham came round about 2.30 in the morning and we all stayed there the night," she said. "The rest of the week I stayed at Tenterden Avenue." Still Worked on Film Mr. Hubble: From the time of Mrs. Mareo's death and until the time of his arrest did you see Mareo? —Yes. The three of us had our meals together and we still did some work on the film. Do you remember Betty taking labels off bottles?— No. Do you remember anything about Mareo taking veronal?—No. When did you hear anything about veronal ?■ —After Thelma's death. Did Mareo say anything to you about his wife's symptoms before her death? — I can't remember anything except that he said she was sleeping. Mr. O'Leary opened his cross-exami-nation of Miss Brownlee by questioning her concerning the length of her acquaintance with Mareo. She said it lasted from March, 1934, until September 2, 1935. Interest in Music Witness said she thought she could be regarded as well educated. She had a university education, and gained her Master of Arts degree in 1931. She also had a musical education, requiring only three subjects to complete her Bachelor of Music degree. "I was particularly interested in conducting and orchestration," added witness. At the time she met Mareo, he was conducting, and also preparing for the production of "The Duchess of Dantzic." After this production she joined the theatre orchestra, and also acted as Mareo's secretary. Work on the film scenario commenced almost immediately after she started with the orchestra, and continued until Mareo was arrested. Washing ot Ties and Vest

After giving a detailed description of the work entailed in the preparation of a scenario, witness said she went out to Mareo's bouse to work when his studio at the theatre was not available. Sometimes she stayed on Saturday night, leaving after lunch on Sunday. Mrs. Mareo was always in the house, and sometimes accompanied witness and Mareo from the theatre. Witness usually slept on a sofa in the sitting room. Questioned about the statements that she had done Mareo's washing, witness said she did some white ties and an evening vest at Mrs. Mareo's request.

"Apparently Mrs. Mareo did not understand the use of starch," said witness.

On one occasion Mrs. Mareo discussed washing, and said that when she starched things they stood up by themselves. (Laughter.) Proposed Theatrical Tour

Mr. O'Leary: You rang the house in Tenterden "Avenue on the Saturday night about some correspondence for Sydney ?—Yes. Mareo was wanting Williamsons to take over "The Duchess of Dantzic" ? —Yes.

Was it not his idea that Mrs. Mareo should take the leading part in the opera company and the film if Williamsons took it over? —Yes.

On the Sunday you discussed film work ?—Yes.

On the Monday what time would it be when you went into the house? —I think it would be about 10 o'clock. Which doctor did you suggest?— Dr. Dreadon. On that morning Mareo asked you to tidy up in preparation for the doctor? —Yes.

Your car was used in the evening considerably ? —Yes. Witness said that after meeting Mareo at the hospital they visited a newspaper oflice, an undertaker's and an hotel. What time did you get to your room in Wynyard Street that night?— Probably nearly 4 o'clock as far as I can remember. Talk of Appendicitis When Mareo and Graham arrived, was it by arrangement? —No. And you were surprised?— Yes. What was Mareo's condition? —Ho seemed to be very fatigued. Miss Brownlee was questioned about the time between Mrs. Mareo's death and accused's arrest in September. She said her room was found most convenient for the work on which they had been engaged, but she occasionally went to Mareo's room . at the place he was staying in Waterloo Quadrant. Mr. O'Leary: Do you consider you were wilfully to blame for anything on tho night of the bathroom incident? —No. Further cross-examination on this question was objected to by Mr. Johnstone and the objection was upheld by the Judge. Mr. O'Leary: After the writing of the letter did you see Mrs. Marco on occasions? —Yes. Was - she friendly?— Yes. Just as friendly as she usually was. • Was the letter ever mentioned?— No. Witness said she had often heard of Mrs. Mareo having appendicitis, or approaching appendicitis. Objection to Question Do you know what she took for it? — Paraffin oil. Do you recollect there being bottles of paraffin oil in the house at the time of Mrs. Marco's death?— Yes. There was one bottle nearly empty and another not opened. They were on a shelf in tho scullery. Re-examined by Mr. Hubble, witness said she had looked after Mareo's financial affairs. AVhat was their position about the time of Mrs. Mareo'6 death—good or bad?— Bad.

Mr. O'Leary objected to the question, stating that there had been nothing in evidence concerning Mareo's financial affairs. The objection was upheld. Mr. Hubble: Were your relations with Mrs. Mareo ever reallv friendlv? —No. And after the letter incident, why is it that you never actually went into the house?—We were working on the technical side of the film and there was no need. A Neighbour's Evidence Mrs. Rebecca Elenor Knight, of 3 Tenterden Avenue, said she was acquainted with the Mareos, her nextdoor neighbours, who frequently used her telephone. "Do you know if Mrs. Mareo drank?" asked Mr. Johnstone. Witness: I don't know. I never saw a sign of it. Witness said Mrs,. Mareo complained many times about her appendix, and witness advised her to see a doctor. Cross-examined by Mr. Henry, witness said Mrs. Mareo was not in good health. She was in a nervous condition, and said she could not eat or sleep. Dr. Dreadon Called The first witness in the afternoon was Dr. John Dreadon. He said ho received a telephone call to go to the Marcos' house about 2.20 p.m. on April 15. When he arrived he was met at the door by the accused, who told him that Mrs. Mareo had taken some medicine three days before for a certain purpose. Witness said ho went into the bedroom and made a quick examination of Mrs. Mareo. "She was deeply unconscious and seemed to me to be desperately ill," he said, "My opinion at the time was that she was practically dying. "I asked Mareo if he knew what she had taken, and he produced two tablets from his pockets and said be thought she had taken some tablets corresponding to these. Impressions of Doctor "I was suspicious that she had had an overdoso of something," continued Dr. Dreadon. "Her general condition and appearance made me very strongly suspect that sho had had an overdose of veronal. I asked Mareo if his wife was in the habit of taking any dope, and he replied 'No.' " When witness asked Mareo if he had any veronal in his possession, he replied that he had some in the house and that he occasionally took a tablet for insomnia. Ho was asked to get the bottle, and came back expressing surprise that it was empty, as he said it was full the last time he saw it. Mr. Johnstone: Did you tell him that day what was wrong with his wife? —Yes, I told him I thought she had had an overdose of veronal. What reply did he make to that?— Nothing in particular. . Effects of Veronal Mr. O'Leary: Apparently Mareo had no hesitation when you asked him if bo had any veronal or if there was any veronal in the house? —Not the slightest hesitation. Did he appear to be genuinely surprised and amazed to find the bottle empty?—He appeared to be genuinely surprised. I suppose you know that the predominating cases of veronal poisoning are either suicide or misadventure? —Yes. From what transpired subsequently, she certainly had a fatal dose?— Yes. But I suppose you know that the experience of the medical profession is this—that a comparatively small quantity of veronal may kill one person, and another person may recover from a very large dose?— That is so. Condition in Hospital Dr. R. D. Keanan said that when admitted to hospital Mrs. Mareo was deeply unconscious and in an advanced stage of general collapse. Stimulating treatment was given, but she made no response.

Mr. Johnstone: Did you form any opinion of her condition? —Her condition was quite consistent with veronal poisoning.

Did you see the accused ?—Yes. About five minutes after his wife's admission. Mareo had told Witness 'that his wife had been sleeping on Friday night, Saturday, Sunday and Monday. Witness asked him why he had not obtained any medical attention, and he said his wife had a horror of becoming in a certain condition, but she had obtained some medicine from a chemist, and ho thought the state she was in was a result of having taken this medicine. Witness had asked Mareo whether he had any veronal in the house. Mareo said he had some veronal tablets in a bottle and he had taken a couple of tablets himself. He said ho had kept the tablets in a bottle in the washhouse and when he went to look for the bottle on the Friday night he had found it empty. Mareo said he had got the tablets as he had suffered from insomnia. Mr. Johnstone: Was anything proposed for restorative measures? —Yes, a blood transfusion. Marco was sent to have a blood test. Did he demur?— No. No Sign of Alcohol And while he was away at the laboratory?— She died. Did he say anything about his homo life? —Yes. He said how happy it had been. Was there any sign of Mrs. Mareo having taken alcoholic liquor?— No. The autopsy did not disclose any signs of alcohol? —No. Witness was cross-examined by Mr. O'Leary.

Mr. O'Leary: You remember the sale of veronal was restricted in April, 1935? —Yes.

If anyone went to veronal before that he could do so?— Yes. Dr. Dreadou told us that Mareo said he had found the empty veronal bottle on the Monday, but you say he told you of finding the bottle empty on the Friday night?— Yes, that is true.

You were referring to his wife's illness on the Friday night?— Yes. Do you think there is the possibility of a mistake on your part when you say Marco told you he found the bottle empty on the Friday night and not the Monday?— No. I do not think so. It struck me as curious that he should have said that ho found the bottle empty on Friday in view of the fact that Dr. Dreadon had told me it was the Monday. The two statements were inconsistent and it was impressed on my mind. Evidence of Nurse A sister at the Hospital, Violet Mary, Hyde, who in April of last year was in chargo of ward 2, said Mrs. Marco had been admitted übout 4 p.m. She was quite unconscious and had practically no pulse. Mrs. Freda Evans, o| Mount Eden, said she had played the part of Josephine in " The Duchess of Dantzic." She had seen Mrs. Mareo during the rehoarsals and every night during the performance. Witness had never seen her under the influence of drink. Mr. Johnstone: How did she play her part?— She played it marvellously. Witness said she had visited the Mareo home, but had not seen Mrs. Mareo drinking. During the course of the play all she would have was brandy or sherry. Mareo said that when Thelma was on drinking bouts he would quieten her by giving her veronal and brandy, which would make her sleep Mr. Johnstone: Did ho ever discuss his married life with you? —Just once. He said lie was sorry for his wife, because ho knew he was impossible to live with Alleged Conversation Witness described how she visited Marco's house after Mrs. Marco's death in company with her friend, Miss Bransgrove. When they were in the sitting room Mareo said, " Thank God Thelma was not insured." Also he said that on Thursday evening she was very worried because sho thought she was in a certain condition'. Mrs. Mareo had told him that rather than that anything should happen to her, sho would end everything. "Ho said that on Friday sho did not seem very well, »and he gave her some veronal to make her sleep," said witness. Mareo said the chemist had told him to take a tablet of veronal and to have a good sleep.

Mr. Johnstone: Did you make any comment? —Yes. I said surely you won't take veronal when you know the way Thelma suffered. Ho said Thelma suffered no pain. "Just before we rose he said he was very frightened, and would -wo help him as he needed us," continued witness. "As we were leaving he grasped the arm of my girl friend and myself, and said: 'They won't hang me, will they?' " Mareo also said he had walked the streets all the previous night with Graham as a companion. Witness Cross-examined Cross-examined by Mr. O'Leary, witness said she was a great admirer of Mrs. Mareo, and liked her. And you didn't like Marco, did you? —I don't know. You didn't like him, did you?— No. And this man you didn't like, you went the day after the. death to offer your sympathy?— Yes, but it was not a matter of like or dislike. 1 suggest that your visit on the Tuesday morning was the visit of two curious women? —Not necessarily. What did you go for? —We went to see Mr. Mareo in his time of grief. The man you didn't like?— No. Witness said she was very sure that Mareo 'told her in November that he gave Mrs/ Marco some brandy and veronal to keep her quiet. Mr. O'Leary: Of course ho would have to have veronal in his possession to give it to her? —Yes. Aspirin or Veronal You're sure it wasn't aspirin he gave her ? —No. And, of course, after the death veronal was discussed everywhere among Mareo's friends?—Oh, yes, but I didn't go outside to talk about it. 1 put it to you that what he said to you was that he gave her aspirin?— He said veronal. Asked what she thought of Mareo's state on the morning she visited the house, witness said she did not knowhe was slightly intoxicated. He said that during the night he had had half-a-bottle of whisky. Re-examined by Mr. Johnstone, Mrs. Evans said she got a shock when she heard of Mrs. Mareo's death. Mr. Johnstone: Had you any motive other than sympathy in calling that morning?— None whatever. What you have told the jury is correct?— Yes, definitely correct. Another Visitor to House Doris Laura Bransgrove, a teacher, said she first met Mareo at the end of May and early in June, 1934. Ho was advertising for people to take part in "Tales of Hoffmann." She took part in "The Duchess of Dantzic," playing the part of Princess Pauline. She saw Mrs. Mareo on several occasions during the show. Mrs. Mareo was always eager and alert to help anyone. Witness saw no signs of liquor about licr.

Miss Bransgrove described how she accompanied Mrs. Evans to Marco's house on the morning after Mrs. Marco's death. Witness said Mrs. Evans asked what had happened, and Marco said that on the Thursday when he came home Mrs. Mareo was very upset, and had threatened to kill herself because she thought she was going to have a baby. 'He said she had said, "I will kill myself," and added that he finally talked her out of it. Statement to Detectives Mr. O'Leary (cross-examining): You are a particular friend of Mrs. Evans? —Yes. What was your feeling toward Mr. Mareo? —He was a producer. You did not like him? —Oh, yes. As much as Mrs. Evans did? —Just about the same. You have had many a chat about the case with Mrs. Evans? —Just in the ordinary way. When did you first make your statement? —About the end of May. Had you been informed that Mrs. Evans had mado a statement? —No. I Buppose you were told by the detectives what Mrs. Evans had said? — Thcv did not sav much. . Did they not tell you the vital parts of Mrs. Evans' statement? —No. I told them exactly what happened. Do you say that they id not tell you what Mrs. Evans had said? —No. Were you told that Mrs. Evans had said that Mareo said he had given Mrs. Mareo veronal on the Friday night?— Mrs. Evans and I were there together, so I heard ho had told her that. Question of Home Life You did not go to the police?— No. You should have been off to the police the very next day, I should imagine, to tell them that lie had said that? —I did not know for sure. Did you not think you were bound to go to the police with the information? —Certainly not. Had you ever visited the Marcos ? Yes. When was the last visit? —I suppose about a fortnight after " The Duchess of Dantzic."

So you have no idea of the home life of the Mareos from then afterward?—No.

So you. could not be called a close friend of the Mareos? —No.

Norman Ralph Bloomfield, a company secretary, said he first met Mareo in connection with some support for putting on professional orchestral concerts in Auckland. He met Mrs. Marco later, and visited them at Buckland's Beach. Question of Drinking

Mr. Hubble: What can you say from your observations there about Mrs. Mareo's drinking?—ln the early part when I was in contact with them, there were no signs of any drinking at all. In the latter part there were signs of drinking, but not to excess. " The last night of ' The Duchess of Dantzic ' Mrs. Mareo was in a state of collapse," said witness. " I first heard of Mrs. Mareo's death when Mareo rang me up about 6.30 on the night of her death. It was rather a shock, and 1 asked him what the trouble had been. He hesitated a moment, and said, 'Oh, the usual.' " Mr. Hubble: What did you say?—l said, " What, the appendix?" He said, " Yes, the foolish girl, if she had gone into hospital and had her appendix out she would be alive now." " He mentioned that he did not know until after he was married that Mrs. Mareo was fonxl of the dope, and that ho had done everything possible to keep it from the public," said witness, describing a conversation with Mareo on the following Thursday evening. Cross-examined by Mr. Henry, witness said his wife was a friend of Mrs. Mareo. The suggestion regarding the appendix came from witness. Mr. Henry: You speak of "dope" Mr. Bloomfield. What did you understand by that—liquor, was it not?— I took it to mean drugs. The Court at this stage was adjourned until 9.30 this morning, when argument will be heard, on the admissibility of certain evidence, but the jury will not bo required until 10.15 a.m.