WIFE MURDER CHARGE

New Zealand Herald, Volume LXXIII, Issue 22350, 22 February 1936, Page 15

WIFE MURDER CHARGE

TRIAL OF HUSBAND

MRS. MAEEO'S DEATH A N ANALYST'S FINDINGS RECOVERY OF VERONAL PATHOLOGIST'S EVIDENCE Substantial progress was made yesterday in the presentation of the Crown case against Eric Mareo, musician, aged 44, who is charged with the murder of his wife, Thelma Clarice Mareo, at Auckland, on April 15 of last year. " The trial is being conducted in the Supreme Court before Mr. Justice Fair. Again much public interest was shown in the proceedings, and queues of people were marshalled bv the police. Five formal witnesses were quickly disposed of by tho reading of the evidence they had given in tho Lower Court, and the. rest of the day was devoted to the hearing of the evidence of the Government analyst, W. K. M. Griffin, and of Dr. W. Gilmour, pathologist at the Auckland Hospital. ,who made the post-mortem examination on Mrs. Mareo s body. Mr. Griffin described the finding of 14.78 grains of veronal in various parts of the body and clothing and bedding. and Dr. Gilmour was closely examined on his findings and on the recorded effects of veronal. In his opinion Mrs. Mareo's death was duo to veronal poisoning. He agreed that there was no case to be found in the literature on the subject of a normal adult having been murdered by the administration of %*eronal. Dr. Gilmour ■was still under cross-examination when the Court rose until this morning. The case for the Crown is being conducted by Mr. A. H Johnstone, K.C., and Mr. V. N. Hubble, and Mr. H. F. O'Learv, K.C., of Wellington, with Mr. T. Henry and Mr. K. C. Aekins, :is appearing for the defence Analyst Finds Veronal The first witness called was Kenneth Massev Griffin, Government analyst at Auckland. He said he had received a number of exhibits from the police ip connection with this case, incjuding organs of the deceased, .1 sheet and a mattress.

•Mr. Hubble: What examination of the organs did you make? —I examined the organs for poison and found veronal present" and proceeded to estimate it. I extracted and weighed it. How is veronal distributed in the body?—lt is distributed through the blood stream to the soft parts of the body. Witness said he had taken from the organs, the sheet and the mattress a total of 14.78 grains. •» Others Articles Examined

Is there any chemical difference between veronal and barbitone ? —No. Witness said he received another series of exhibits from Detective-Ser-geant Meiklejohn. One was a small bottle containing 11 veronal tablets. Next he received an envelope containing two small pills, which had been made from the dried glands of animals. There was'no trace of veronal in them. Two empty medicine bottles were received by witness and at a later date two other similar bottles. He discovered no trace of veronal in the drainings of these four bottles. A small bottle labelled iodijie and aconite was found to contain no veronal. There was no trace of aconite in the organs. A small bottle marked sal volatile was found to contain only sal volatile. An empty brown box had no trace of any Witness said he was handed a bag of peppermints by Mr. Meiklejohn. He cut a portion off each peppermint to test for traces of veronal, but there was none. A' pink silk nightdress he tested for traces of veronal, but found none Later he examined ashes from the kitchen grate and found the remains of a barbitone label. In a further parcel of ashes from the kitchen grate he found another barbitone label for a 25 five-grjiin bottle. The label was crumpled up and appeared to have been scraped, from the bottle. Solubility Question "Veronal is not readily soluble in water, but is more soluble in spirits, such as whisky,* brandy and gin," said witness. "It is fairly soluble in milk. In a test with half-<i-cup of milk J dissolved six 'five-grain tablets after crushing them up. They dissolved quite readily." What taste would that milk have?— A taste rather like soda. Some liver pills which had been handed to witness by Mr. Meiklejohn were ordinary liver pills with no trace, of veronal. Mr. O'Leary (cross-examining): Did you find any evidence of milk in the stomach.—l could not prove that there was milk there, but there might have been evidence of it. In your experiments with milk did you use warm milk or cold! - ' —1 experimented with warm milk and cold. How long did six tablets take to dissolve in warm milk? —Five minutes, I should say Is that just a guess?—l haven't kept & record of my experiments. Medical Authority Quoted Did you know of the solubility of veronal in milk prior to the case? —■ I have done a lot of work with veronal. Did you know of it prior to this case?—l hadn't tried it before. .Is there any reference to its solubility in literature used by analysts?— No. So a la/man would not know about it?— ,1 think milk would be a reasonable thing Jo give it in. Quoting a medical authority, Mr. O'Leary said it was stated that veronal should never be given solid or in milk. Witness: 1 don't know why that is, except that it might act too quickly* You did not carry out any experiment to find the solubility of'veronal in sal volatile? —No. What is sal volatile? —Alcohol and

So veronal would be very readily soluble in sal volatile?— Yes. You could not tell in what form Te \vi uas 6' ven to this person ?—No. >V hen dissolved you say it has a soda taste?—lt has a distinct taste. So a normal person taking it in a liquid would taste it?— Yes. But there might be cases where thev would not. Would you be able to taste it?— Yes, but in that connection 1 could not be called a normal case. Is there any method of estimating the amount of the drug taken yrom that recovered afterward ?—There is information by taking a number of recorded cases. I have not done it in this case. ixi ! } n l i n f? r,ne d that the average lethal dose is 50 grains?— That is so. I hat the average prescribed dose is from 5 to 10 grains?— Yes. Witness said ho believed an average lethal dose had been taken in this case, but he preferred not to deal with that aspect. No Change in Colour Mr, O'Learv: What amount of milk would require to be taken to give 100 grains? Witness replied that it would depend on the form in which it was taken, whether it, was simply milk, or a thick, porridgy mixture. If much veronal were put in it would get to a stage in which it could not help being noticed both from appearance and taste. The foreman of the jur'v asked what colour the milk would be if heavily impregnated with veronal. Witness said there would bo no change in the colour, i m dk would come to have a thick appearance, like a thin pudding. As a result of a further question by the foreman, Mr. Griffin was directed bj His Honor to make experiments showing the time it would' take to dissolve various quantities of veronal in various quantities of milk. Pathologist's Conclusions ® r - Walter Gilmour, pathologist at the Auckland Hospital, described 'the results of the post-mortem examination he had made of the bodv of Mrs. Mareo on April 16, 1935. Mr. Johnstone: Was there anything to indicate disease as a cause of death? —No. The appearances were such as one gets in death from an overdose of hypnotic drugs. Anything wrong with the appendix? —No, the appendix was healthy. Having heard the evidence of Freda Stark. Graham Mareo and Mr. Griffin, do you make anv conclusion as to the cause of Mrs. Mareo's death?— Yes. in my opinion death was due to veronal poisoning. Veronal, he added, was a hypnotic urug. It was a trade name and the same substance was also called barbitone.

Mr. Johnstone: What is the ordinary medical dose for the purpose of inducing sleep?— Five to ten grains. Normally, the patient would fall asleep in half to one hour and sleep for six to eight hours and awake refreshed. The sleep would be natural and would not be followed by unpleasant effects. Effects ol Drug

Supposing a large dose of veronal is taken?—ln some cases before sleep is induced there may l>e a period of restlessness and confusion. Thereafter the patient falls into a sleep, and the sleep sometimes deepens into unconsciousness or coma. If the dose is a fatal dose this coma becomes deeper, the face becomes cyanose, breathing difficult, the pulse weaker, and the patient dies. If, on the other hand, the patient recovers, he or she wakens out of this comatose state and gradually or quickly recovers. Certain symptoms, such as headache, dizziness, unsteadiness in walking, loss of memory, indistinct speech, sometimes double vision, persist for a time, but these invariably pass off, and the patient makes a complete recovery. There is perhaps one exception to that. The patient may come out of the unconsciousness and subsequently die of pneumonia.

Ths cause of death in cases of veronal poisoning was interference with the breathing, but in some cases there might develop a degree of pneumonia before death, witness continued. "If a patient begins to show signs of recovery, then that patient is sure to recover unless pneumonia develops," he added, "but it will not happen that the patient comes out of the comatose state and then subsequently, after an interval, lapses back into coma again! without a further dose of veronal." ' Nervous System Aflected Mr. Johnstone: In examining the body of Mrs. Mareo, did you find the signs you have mentioned consistent with veronal poisoning?— Yes. Veronal itself should not accumulate in the body, said Dr. Gilmour. When veronal was taken it was absorbed as a rule rapidly into the blood. It circulated to all parts of the body in the blood and was eliminated in the usual way. Although' veronal did not accumulate the effects produced by it might accumulate. Each dose produced a certain amount of damage to the central nervous system, and by constantly repeated doses that damage might gradually become greater and greater, until finally symptoms were produced. "If a patient dies from veronal poisoning, in drawing conclusions from the quantity of veronal found in the body after death, one must make allowance for the time that patient has survived," witness continued. " the patient has lived for a period of 36 to 48 hours a considerable quantity will have been eliminated in that time. The total quantity found after death is not as a rule very great, The Fatal Dose

" Sir William Wilcox, * who is regarded as one of the leading authorities in the world on the subject, gives the average minimum fatal dose for a healthy adult as 50 grains. The usual fatal dose is much greater. Other authorities put the fatal dose a,t from 100 to 150 grains." People had died from lesser doses than oO grains, but in those cases there had been some complicating factor, such as some disease. Many cases had recovered from much larger doses than 50 grains, the largest recorded being from a dose of 360 grains " The events to which the witnesses have referred are consistent with Marco's death by veronal poisoning, Dr. Gilmour said. Witness said he recalled the description of an incident on the Saturday morning, when Mrs. Mareo was found out of bed and was afterwards seen standing in front of the dressing table. The incident, he thought, was open to two interpretations. Either she was recovering from a dose taken on I'riday night, or they may have been preliminary symptoms from a dose taken on the Saturday morning. If they represented recovery from a dose on I) riday night, then it was necessary to assume another dose on the Saturday morning to account for Mrs. Mareo sleeping all Saturday. The Dose Estimated " The happenings of the Saturday night indicate quite clearly that she was recovering from a dose of veronal," he added. " There can be no doubt that treatment at that stage would have brought her complete recovery. Her falling asleep after she went to another room can only be accounted for by another dose of veronal. " From the description of her condition that night it would have been impossible for her to get out of bed, and even had it been within easy reach 1 think it would have been impossible for her to take the veronal herself." Mr. Johnstone: Did you hear the analyst's evidence as to the amount of veronal extracted frojn the organs, etc? —Yeo.

What do the amounts indicate to you?— They indicate that she had had a fatal dose of veronal, and I would estimate that she had had probably at least 100 grains. In forming his conclusions witness said he had considered the length of time Mrs. Mareo lived after Saturday night. That was at least 40 hours. In that period a large quantity of veronal in the body would have been eliminated. Between the brain, the liver, the kidneys and the spleen there was a weight of six pounds. It was not possible to make an accurate estimation from that as to the weight of organs in the body, but a rough estimate and a comparison with recorded analysis in fatal cases would bear out witness' contention that Mrs. Mareo had liad about 100 grains. Question of Alcohol Dr. Gilmour quoted the amounts of veronal recovered after death in various recorded cases of veronal poisoning. The amounts recovered —in each case from various organs—were 6.58 grains, 5.19, 9.83, 1.12, and 6.09 grains. The last case was that of a woman addict who had been in the habit of taking veronal regularly. These findings illustrated that in fatal cases only small quantities were recovered from the internal organs after death. Tolerance was not developed in those who took veronal habitually. Tolerance meant that one became definitely able to take larger and larger doses without suffering undue effects-. "A notable example is morphia," he said. "Such tolerance is never acquired in the case of veronal." Mr. Johnstone: Did your post-mor-tem examination disc Jose any evidence of alcoholism? —No, there was no evidence of alcoholism. I take it that does not absolutely exclude the possibility of it? —No. If she had been taking two bottles of sherry a clay was the post-mortem appearance consistent with that? —No, I should say not.

Witness said the symptoms as described by Mareo and Freda Stark did not suggest alcoholism. A coma resulting from alcoholism lasted only a few hours. Witness Cross-examined Cross-examined by Mr. O'Leary. witness said that after hearing evidence in the lower Court he did not form the opinion then that the last dose was taken in the milk. It was impossible to say. Mr. O'Leary:' On the evidence in the Supreme Court do you form any opinion as to whether the last dose was taken in milk? —No. I suggest you are in a worse position than before to decide that? —Possibly. Based on 'what? —On the quantity of milk taken.

In the ordinary course it took the veronal half an hour to an hour to get into the blood in sufficient quantities to produce effects, said witness. He adhered to his statement that the dose of veronal must have been given within half an hour of Mrs. Mareo going into a deep sleep. It was not uncommon, hn agreed, for people to complain of having something wrong with their appendix when there was nothing wrong with it. Veronal was a drug quite innocently used by lay people in moderate ddses to induce sleep. Knowledge of Drug Mr. O'Leary: A person giving veronal to a friend to take would not have the same significance as giving arsenic or strychnine?—Oh, no. One person who takes veronal will recommend it to another? —It is not unknown. Without any sinister intent?— With the best of intentions. I submit that the average person does not know of the possible fatal consequences of taking veronal? —My impression is that the knowledge of its possibly fatal results is widely known. Witness thought that of deaths from veronal poisoning, misadventure was the preponderating cause; then suicide. Murder was rare. Are there any cases in the literature of the subject of a normal adult being murdered by the administration of veronal? —No, I don't know of any recorded. There have been one or two suspicious cases. You can't convict on suspicion. A dose of ten grains has been known to kill a person, has it not? —Not with veronal. Mr. O'Leary: My information is that 10 grains have been known to kill and that recovery has been known after the taking of .'360 grains. "This is a major discussion on the hypnotic group," said witness. He quoted the conclusion of an authority

that with the barbicturates there was no case on record in which cither a therapeutic dose or a number of repeated small doses had caused death without complicating factors. It is really a very uncertain murderous weapon?—lt is very uncertain until you get up to 100 grains. Even then it is not certain ? —Even then it is uncertain. What might be fatal to one person would not be to another. You have not personally watched the symptoms of a person suffering from veronal poisoning?— No. Take the case of, say, a 50-grain dose against a 100-grain dose ?—There would be no essential difference in the symptoms. I suggest that a person having a small dose would be more likely to rouse from a coma than one with a large one? —No. In the case of fatal doses, they do not rouse from the coma in either case. Susceptibility Question In a fatal case death is caused by damage to the organs?— Mostly damage to the braini which interferes with the respiratory organs. There are people who are unduly sensitive to veronal? —Yes. What is the practical effect? —It means that an ordinary medicinal dose might produce poisonous symptoms. A dose that might not be fatal to one person might be fatal to a susceptible person?— Yes. Mr. O'Leary quoted from Sir William Wilcox that some persons were more susceptible to veronal than others and that often there was present a highlystrung and nervous condition. Mr. O'Leary: Is there not the probability that she was a susceptible person?— Possibility would be the better word. So what might have been a medicinal dose for her might have been fatal for anyono else? —Yes. If she was a susceptible person a medicinal dose might turn out for her to be fatal? —Yes. What is a fatal dose? —Usually 100 to 150 grains, but less than that is. But 50 grains have been known to be fatal, and from 360 grains people have recovered ? —Yes. Method of Giving Drug With all poisons you find that people recover from doses that should prove fatal? —Yes. Particularly is this not so with barbieurates ?—Yes. Do you think it could be administered in tablet form to a person in a normal state without the person knowing?— No. And in powder form? —Yes, perhaps. Say in food. Dissolved in liquid it has a soda taste? —Yes. You agree it is soluble in milk? —Yes. Is it a well-known medical fact? — I would not say it was well known that it was more soluble in milk than in water. You have heard from one authority that it should never be administered in milk? —Yes. An extraordinary statement. It is a common method of giving veronal. As far as Mrs. Mareo is concerned, you could not say whether any was taken in milk? —No. Extent of Doses In your opinion she had a dose on the Saturday morning?— Yes. And another dose in the evening? —Yes. Did you form any opinion of the extent of the dose in the morning?— She must have had between 20 and 30 grains. What do you think was the quantity she had on the Friday night?— She might have had up to 20 grains. Now, you should be able to tell us tho finai dose?— She must have had enough to make the total about 100 grains. So then, 20 grains on the Friday, 25 on the Saturday morning and 55 on the Saturday night?—lt could not be said definitely. You arc dependent on the accuracy of the evidence on the Saturday?— Yes. Assuming that there was a final dose on the Saturday night, there would be still in the system some of that that was taken on the Friday night?— About 10 grains. And the 25 in the morning, what would you eliminate from that? —Something less than 50 per cent. Well, would you say 15 grains would be left? —Yes. Then in the final dose she would have 80 grains?— Yes. Elimination of Drug Half of that 80 grains should leave the body in the next 24 hours? —Yes. And a considerable further proportion up to tho time of death? —Yes. What , figure do you think would be fair for the next 16 hours?--Up to 30 per cent in the next 24 hours. Between 50 and 60 grains in the 48 hours? —It might be as high as that. Counsel submitted that almost all the specimen excreted in this period was available for examination, and only nine grains had been recovered from it after 40 hours. Mr. O'Leary: I pift it to you, doctor, that she could not have had 80 grains or 50 grains on that .night, or anything like ifo? —Might I put it another way, that from the specimen recovered, totalling 6ioz., Mr. Griffin got 2.8 grains. She was eliminating more than that. The normal rate of elimination is 40 or 50oz. in 24 hours. If the last dose was on Sunday night the rate of elimination in the first 24 hours would bo greater than in the second. It was impossible for the analyst to recover completely the veronal that had been distributed over the garments and bedding. What percentage do you think ho missed? Double it, treble it, quadruple

it, where do yon get your 50 to 60 grains in 40 hoijrs?—l am not as far away as you suggest. If he got even 50 per cent of what was in the mattress he had nothing near the quantity of which you speak ? You cannot accept the quantity got from garments like that as being the whole quantity. Is there any information in the literature for estimating the amount swallowed from the amount recovered after death? —Not in any individual case. Is there any guidance as to estimating the quantities in other parts of the body from the amounts found in liver, brain, spleen and kidneys?— There is no mathematical method. The calculation must be made from a number of data. Dr. Gilmour was asked if he agreed with the statement that if a patient had become confused by the taking of a barbituric acid compound he might continue to take further and possibly fatal doses without realising the consequences. Witness: Yes, that sometimes occurs with a person taking veronal. Dr. Richards records three cases. Mr. O'Leary read these cases of persons continuing to take these drugs without knowing what they wore doing. Witness agreed that that was a possible explanation of Mrs. Marco's conduct when she was standing swaying before her dressing table on the' Saturday morning. A Case Discussed Mr. O'Leary asked if there was not at least one case in the books of a patient taking veronal, apparently recovering and then relapsing into a fatal coma. "Not that I know of," said witness. Mr. O'Leary referred witness to a case quoted in Taylor's Jurisprudence, but witness said he knew the case and it did not contradict what he had said. Mr. O'Leary read details of the case and suggested that the patient looked to bp definitely recovering. Witness: He never ceased to be comatose. He could be roused, but not of his own accord. He never became awake. In addition to veronal he bacP another drug so that it does not in anyway contradict my statement. Mr. O'Leary: In principle I suggest to you it is the same as Mrs. Mareo's case?—l disagree with you. You say he did not rouse on his own accord ?—Yes. On whose evidence did you take it that Mrs. Mareo had?— That of Miss Freda Stark. She asked for a drink of water and she was awake for two hours. There could be only one interpretation of that—that she was recovering. Question of Recovery Ihe waking up of Mrs. Mareo on her own is one of tlic strong factors of your argument?—No, but it is a factor. Witness said that Mrs. Marco's condition on Saturday night indicated that with medical treatment she would have recovered and even without it she would have recovered. Does it not seem that she was roused enough to make elementary demands?— Yes. I think that justifies my opinion that she was recovering. I suggest that your statement that she would have recovered with treatment shows that you were doubtful ? She "would have recovered without treatment provided she was given the necessary food and fluid. If on the Saturday morning she had taken sufficient veronal to damage the organs such as the kidneys she would have died?— There is no evidence that the organs were damaged by veronal. On the evidence we have heard she was slipping back into a coma when the milk was being administered?—J. take it she was finding it difficult to keep awake and was not slipping back into a coina. Use o 1 Sal Volatile If that going into a sleep or a coma was due to veronal, it must have been taken some time previously—not when the milk was being administered?— All L can sav— It could not have been administered in the milk?—lf it was correct that she was slipping into a coma at the time the milk was being administered in that case veronal could not have been in the milk. Have you given any consideration to the effects of sal volatile? —Yes. My conclusion was that sal volatile would act as a stimulant. I understand that the quantity given her was three teaspoonsful. The quantity of alcohol in that might easily make her more sleepy. If she took veronal on the Saturday morning there would bo some in her stomach that night?— Yes. And when the sal volatile was taken that would cause the remaining veronal to be absorbed in her blood? There would not be enough there. She died of what was a fatal dose for her. You do not take into account that she may have been a susceptible person?— She died of what 1 regard as the usual fatal dose.

What was your conclusion on the possible effect of the sal volatile?— That that was not the cause of her death. That it was necessary to assume that another fatal dose was given on the Saturday night. But the veronal was not given in the milk?— Not if she was going into a coma at the time. You must remember that in that condition it would act on her very quickly. "It is my opinion that a dose of 25 grains would account for her sleeping for 24 hours," said witness. Tho cross-examination of Dr. Gilmour had not been completed when an adjournment was made until 10 o'clock this morning.