THE TRIAL OF MAREO

New Zealand Herald, Volume LXXIII, Issue 22352, 25 February 1936, Page 11

THE TRIAL OF MAREO

[WIFE'S FATAL ILLNESS evidence of detective ACCUSED INTERVIEWED STATEMENTS PRODUCED The trial of Eric Marco, musician, aged 44. who is charged with the murder of hi? 29-year-old wife, Thelma Clarice Marco, at Auckland, on April 15, 1935, was*continued in the Supreme Court yesterday, the seventh day of the hearing. The allegation of the Crown is •that he caused her death by administering an overdose of veronal. The trial is being conducted by Mr. Justice Fair. Public interest continues keen and the admission of spectators had to be regulated by the police to avoid crowding in tlie Court. The medical evidence for the Crown was completed yesterday, when Dr. K. B. Gunson and Dr. S. L. Ludbrook gave their expert views. The evidence of de-, tectives. which will complete the case for the prosecution, was opened by De-tective-Sergeant Meiklejohn, who was in charge of the inquiries that commenced on the day of Mrs. Marco's death. He produced a number of statements which he said were obtained from Mareo from time to time. Mr. A. H; Johnstone, K.C., and Mr. V. X. Hubble are conducting the Crown case, and ihe defence is in the hands of Mr. H. F. O'Leary, K.C., of Wellington, with Messrs. T. Henry and K. C. Aekins. Detective's Inquiries The first police witness was DetectiveSergeant Meiklejohn. He said he •vent to the house at 1 Tenterden Avenue. Balmoral, about 8 p.m. on April 15. A number of things he had found, including empty medicine bottles, he had handed next day to the Government analyst at Auckland, Mr. K. M. Griffin. Witness had looked particularly for a bottle of brown mixture and a box of pills. He had been unable to find the bottte. but there was a box which might have contained the pills.

"While I was making the search the accused came in with Miss Brownlee," witness continued. Witness asked the accused to give a detailed account of what he knew concerning the death of his wife. Before the statement was taken he asked the accused to produce the two pills he had to Dr. Dreadon. The accused then produced two yellowish pills from a pocket. Questions About Veronal "I asked what purchases of veronal he had made and the accused said he had got three lots on the advice of the chemist in the last three weeks," said witness.. ''When I asked why his wife came to have so much veronal he said: 'Do you think I am a murderer?' "I told, him we were only making inquiries. I asked what veronal he had been taking and he said he had taken one a night for the last three weeks, on the advice of the chemist, for sleeplessness. When I asked that he said: Do I look like a drug addict?' The accused described his purchases of the three lots Of veronal. He said he thought the first lot was of 50, the second 12 and ' the third 24 or 25 tablets." Witness, said he asked accused to produce any veronal he might have and the accused pulled out a bottle containing 11 tablets. Mr. Johnstone: Did he say where he got the veronal? —I asked him quite a lot of times, but he refused to say. "1 asked him about the bottle of brown liquid and he said he had seen the bottle in his wife's bedroom and in the scullery," said witness. '"He had seen it last in deceased's bedroom. A Bottle Produced Detective Meiklejohn said he had brought Miss Stark into the room with the arc used, and said: "Miss Stark has stated that she asked you to call a doctor for your wife several times." He itaicl: '"I don't remember that, my dear. You know Thelma used to drink a lot. She said: "Oh. yes. I did, Mr. Mareo. Witness also told Mareo of Miss Stark's statement that he (Mareo) had Haid he had bought a bottle of dope for his wife. Accused said: "You are mistaken, my dear." Witness asked Mareo to get the veronal bottle, and Mareo went out to the wash-house, with witness and Detective Hamilton following. Accused reached up on his toes and got from a suitcase on a shelf the bottle produced. It was empty. Mr. Johnstone: Was there any mark on it that is not there now?— The figure 1 which was on the top of the label. It was worn oil' through mv taking it round to various chemists in the city and suburbs. Alleged Comments Witness said accused took the veronal bottle from the lower of two suitcases on the shelf. He said to witness: "Oh, you will get the chemist's name from this." Accused swung half round, toward the copper and said, "Oh, please don't take it." Witness said, "Hand that bottle over here," and took it out of Marco's hand. Mareo said, "I feel like a criminal." Witness said he found three empty oval whisky bottles on top of the suitcases, and a little black and white box. Mareo said, "That is what 1 got the veronal tablets in." Witness said, "You've already said you got it in an oblong packet." Accused replied that he did not know how he had got it. They returned to the front room, where accused completed the reading of his statement, continued witness. He made a lot of comments, such as, "1 feel'like a cad saving all this about my wife, hut I've'got. to protect myself"; "Is there anything in this to hang me?" "I feel like going and hanging myself for bringing all this veronal into the house." Witness again asked Mareo to give the name of the chemist, or chemists, "with whom he had dealt, but Mareo asked them not to put it down in his . statement. Mareo read the statement over, paid it was correct, and signed it,

Witness then read over the lengthy statement, which he said Mareo made at his home on the evening of April 15. It was as follows: "1 am by profession a musical director and composer. I was first married in 1915 in England and have two children of that marriage—a boy aged 16 years, and a girl aged 19 years. My first wife died in England in 1927 of tuberculosis. In 1931 1 went to Sydney, Australia, with my family. 1 met my ! second Avife there. She was Thelma Trott. She was appearing in Ernest Rolls' show as semi-principal', and I was conducting the orchestra. "We both travelled with the same company to New Zealand, and while at Wellington we married on October 18. 1933. My children were still in Sydney. My late wife knew that I was a widower." The statement then referral to the Mareos coming to Auckland to reside. Wife's Two Dreads" "My late wife suffered from her appendix periodically, which occurred sometimes as frequently as every three weeks," continued the statement. "She would not have a doctor raid had a great dread of an operation. She had also a great dread of childbirth and told me many times thsit 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. a "She was the principal actress in a romantic light opera called " The 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. "Since that time I have been cmploved at St. James' Theatre as conductor, and about a fortnight ago 1 told her that I was leaving St. James Theatre. She then knew that my source of income was reduced, and from then on she told me that sbe was going to stop drinking alcohol to reduce expenses. As far as I knew, she did not have any after that. " A Continuous Attack " "From then on she had an attack of appendix, almost a continuous attack, and I gave her paraffin oil, which she kept in the house for that purpose. She looked so bad and felt so ill that I offered to go out jmd get her some wine or brandy, but she would not let me. This attack continued almost up till Friday, the 12th instant. "I was out all one day about a fortnight ago on business and came home about 6 p.m. I think my wife gave me a meal and then went to bed. She then appeared to be under the influence ot liquor. I did not ask licr if she had been drinking. From then on, every time I came home my wife seemed to be dopey, as if she had been drinking, i I never asked her. "On Thursday, the 11th instant, in the evening, while sitting at the fireplace, my wife said to me seim-jokihgly vet with an undercurrent of sincerity. ''Sooner than have a child I would bump myself off.' I told her jokingly not to be a fool and that there was not the vaguest possible chance, she was slightly dopey that evening. Breakfast in Bed "On Friday morning, the 12th instant, she would not get up, and apologised for not making the breakfast. This was unusual, because as a general rule she never made the breakfast. Her eves were glassy and she had the general appearance of being intoxicated. I then went out on business. Before going I gave her breakfast in bed, scrambled eggs, which she ate and thanked me for, and said was lovely. She said she would get up later and do the house. She then fell asleep. "I arrived home on Friday evening and my wife was still in bed. I cannot remember if I gave her dinner in bed. She was still looking intoxicated. My wife's bosom friend, Freda Stark, arrived on the Friday evening about 8. Bv this time my wife was asleep. Miss Stark did not say anything about my wife being asleep, as she knew that she was given to drinking bouts. My son, Freda and I played cards that evening. "It was arranged that Freda come to the house the following day, as she was my wife's best friend. She did not come to look after the house because my wife was ill. She was often in the habit of staying week-ends. Impression of Condition "On the following day, Saturday, on awakening—l had been sleeping on a chair alongside the double bed in case she wanted me —she still appeared in a drunken sleep and I did not wake her up. In my opinion, it was a drunken sleep All'my married life to her, if I came home from a theatre and found her drunk, I let her sleep on the bed, while I myself slept on a sofa m the dining room;} . "On the Saturday, the 13th instant, ] was out on business until 1 p.m. My wife was still sleeping when I left. My son was looking after my wife. Freda Stark arrived at about 3 or o.oU on that afternoon. She was still asleep then, but looked under the influence- of alcohol, but looked quite healthy. I staved all the afternoon in my wife s room sitting 011 a chair dozing in case she woke up and wanted anything. Freda and Graham, my son, woke mo up and told me that tea was ready and to come and have something to eat. This would be about 6 p.m. I went out to the kitchen and had tea with them. ] think we played cards during tho evening as far as I remember. Sleeping in a Chair "We retired at about 11 p.m. and it was arranged that Freda sleep with rny wife, and Freda suggested that I sleep in Betty's room, that is, my (laughter's room, but thinking that I might be wanted I slept in the same chair with a rug round me in the same room as they were sleeping and same chair 1 had occupied during the previous nights. "When 1 woke up in the morning my wife was still sleeping. 1 got up first and later Miss Stark and she and Graham had breakfast. I did not have breakfast. Before getting up, Graham had brought me a cup of tea. On that day, Sunday, the 14th instant, I was out on business from 10 a.m. to 12.30 p.m. I was meeting people trying to get subscribers during the times 1 have mentioned that 1 have been out 011 business. The subscribers are for the Symphony Orchestra. On the Sunday mentioned, 1 went out and did not feel like talking to any person, and only wandered around and came home about 1 p.m. "1 went and had a look at my wife and she was still asleep and 1 believe that it was then that "Freda Stark suggested that 1 get a doctor, aud being used to seeing my wife in an unconscious condition through alcohol, 1 told Freda Stark that 1 would wait till Monday morning and see how she was, and then, if necessary, ring up a doctor. Freda never at any time asked me what was tne matter with her, and 1 am under the impression that she thought the same as 1 did, that is, that she had been drinking, especially in view of the fact that on 0110 occasion lo my certain knowledge, some months ago, when I came home expecting to find my wife alert and fceen to hear what I had done in my work, I found thai, she had been supplied with a bottle of whisky by Freda Stark. My wife told me this personally, and I paid for this whisky, I think through my wife, to give to 1* reda Stark, so that Freda obviously knew that my wife was in the habit of drinking pretty heavily and knew that she went op

drinking bouts. 1 still thought at this time that her condition had been caused through secret drinking. "Freda left about 10 p.m. on Sunday night, and she was still asleep then. Graham saw Freda to the tram as he always does. I slept as usual in the chair alongside her bed, and during the night 011 occasions had a look at her to see that she was all right, but each time she seemed to be sleeping quite peacefully and normally. " Appeared Different " "At about 8.30 a.m. I woke up, and she was still sleeping. I had a look at her and she appeared different from the previous days. From being apparently sleeping normally the previous days and looking all right, but just asleep, this morning she was breathing heavily and appeared a mottled colour, that is, blotchy, and her lips were very pale. That was the first time that 1 became anxious about her condition and thought she might be ill. 1 thought perhaps her appendix may have had something to do with it, so told Graham to get dressed and phone a doctor. He got dressed and phoned from next door, but could not get a doctor, as they were 011 their rounds. One doctor, Dr. C. Murphy, we were told, was to be in at 1.30 p.m., so 1 decided that we would wait until 1.30 p.m. and phone him again. My son phoned in .the morning, I cannot say the time, but it would bo between 10 and 11 a.m. "Freda arrived here at about 2 p.m. and 1 told her to get a doctor immediately, preferably Dr. Dreadon. Dr. Murphy was not in at 1.30 p.m. Dr. Dreadon arrived at about 2.30 p.m. and immediately phoned for tho ambulance, which arrived here at about 3.30 p.m., and she was taken to the hospital. Sal Volatile Given "On Saturday night I gave lier sal volatile because she would not wake up, and wo got her to wake up, and she went to the lavatory with Freda Stark, also assisted by my son Graham. Although she was awake she appeared still to be sluggish in her movements and she was assisted back to bed with Freda and Graham. 1 put eau do cologne 011 her forehead to freshen her up, and she appeared to go into a normal sleep. She had been awake for about one hour and almost half an hour at the lavatory. She spoke common sense. I made the bed. "When Dr. Dreadon sent her to the hospital he told me that the cause of illness might have been veronal poisoning, and asked me if she knew if there was any in the house; and-1 told him that there was some in the house, but as far as I knew she did not know of it. I then went out to find the bottle containing veronal tablets which 1 had hidden in a trunk 011 a high shelf in the wash-house, and discovered the bottle still there, but empty. When I last saw it there two or three weeks ago it contained between 30 or 40 tablets. Bottles of Tablets Bought "In the meantime I had purchased two other small bottles of those tablets because I had been suffering from nervous prostration through overwork, and I bought them because I heard that 011 April 1 a, restriction was to be placed on the sale of them unless through a doctor's certificate. "I think that the first bottle contained 50 tablets, the next bottle 12 and the next 25 tablets. I have only taken one per night, which I commenced to take about three weeks ago. I cannot say if my wife knew that I was taking these tablets, and did not know where they were hidden, as far as I knew. No person in the house knew as far as I know. The only veronal tablets I have left I have handed to the police. "If my wife's death was caused through veronal poisoning the only conclusion I can arrive at is that she discovered where I had hidden them and has been taking them secretly in place of alcohol. "On Sunday morning I saw a box of pills with writing in pencil, 'Two to be taken at night,' written on the label. There was no other indication as to where they came from. I opened the box and saw four pills, and I took two of the pills out and I left the box on the night table. Pills Handed to Policp "I have not seen the box or the other two pills since. It was a round box, size about ljin. in diameter by lin. deep. The two pills that I took I placed in my pocket and have handed to the police. The reason that I put them in my pocket was that I did not know what they were, and I was going to show them to a doctor to see what they were. I suppose subconsciously I had a vague idea then that she may be taking something injurious. "For the past month and up to the time of her death she was suffering from summer sickness': She did not have any medicines in her room that I know of, with the exception of the pills I found on the Sunday and the sal volatile bought by us on the Saturday. I did see a bottle of some kind of brown liquid on the night table or dressing table. ,1 did not ask her what it was. I cannot say when I last saw it. It is not there now. "I have never at any time bought any pills or other medicine for the purpose of abortion, but my wife has told me that she had something 011 the premises for that purpose if necas-' sary, but I have never seen the stuff she mentioned. An Unsuccessful Search "T have often looked for this stufl without her knowledge, but unsuccessfully. When talking to my wife on Thursday last, as mentioned previously, I assured her and told her she had not the slightest cause to worry

in any way whatever, and gave her my word of honour to this effect that she could not possibly be pregnant. "I want it to be clearly understood that the reason I was not 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 9f 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 iny wife's drawer in her bedroom (private drawer). this was bought some time ago when my wife had violent toothache. 1 cannot say who bought it. " Milk Before Retiring " "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 mo that it made her sleep like a top, and I 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 1 had hidden it. .11 "I went with my wife to the hospital. and when a blood transfusion was suggested for my wife I naturally volunteered and gave a test, but after a lengthy wait was told that it was too late.

"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 mv wife a bottle of brandy each day, the 'bulk of which she consumed herself. The play ran 10 days." Extent of Search Witness said he had not only searched the house but around the grounds and uuder the house. He found no bottle likely to have contained "brown dope" or tablets. Mr. Johnstone: After the statement what attitude did Mareo take up to you?—He thanked us for our treatment of him before leaving. Witness said he returned to the house on April 19. The accused and Brownlee were in the front room and Graham Mareo was in the house. The accused was asked whether ho had read about the evidence Betty Mareo had given at the opening of the inquest. "1 commented to the accused that it was a pity she said what she did," added witness. "I said people were commenting and saying that she did not drink as much as was said. The accused agreed. "Betty Mareo then arrived and came into the front room. She kissed and hugged the accused, who remarked: 'You will visit mo at the prison, won't you, Betty?' And she replied: 'Of course, Daddy.' Mareo then said: "Why did you say all that about poor Thelina?' Slie replied: 'They told me I had to, and I did it to protect you, Daddy.' The accused commented that she should not have said so much." Drugs Not Suspected Witness then proceeded taking evidence. Accused gave the answers and saw witness writing them down. He then carefully read over the questions and answers and said they were correct. Witness produced and read a copy of these to the Court. In the course of his answers Mareo said his wife had no property and she was insured for about £.'3o. He got veronal tablets from three chemists before April 1 last. On the recommendation of a chemist he had been taking veronal tablets for about three weeks prior to his wife's death. He had on several occasions seen his wife sleep for several days without wakening owing to drink. Ho did not suspect that his wife might have taken drugs other than alcohol until Dr. Dreadon mentioned veronal to him. Mareo said his wife took no drugs to make her sleep, but she drank alcohol, continued the statement. If he had made a statement that a chemist had told him that his wife would sleep for four days after she had been given certain pills tye retracted that. He had never bought any medicine from anybody to bring on his wife's miscarriage. He did not know if his wife objected to Miss Brownlee coming to their house. He did not remember advising Miss Stark to say that she was not in a fit state to make a statement to the police when she did so. or advising her to bo very careful what she said, as it was serious. The amount his wife gave him when they married was £4OO. It was all gone,

most of it spent on a car and alcohol. The £3OO he got from a woman named Irene Stone, with whom he had been sharing the same flat in Sydney, was a payment of a loan. Mr Johnstone: What happened to that statement afterwards, was it signed ?—No. Proceeding, witness said that on April 24 he went to 24 "VVynyard Street. Miss Brownlee answered the door and witness asked for Mareo. " 1 told him 1 had been making inquiries around the chemist shops and had found one shop where he had made a purchase of a bottlo of veronal," said witness. " I asked him to tell me the other shops, but he seemed reluctant to do so. I told him I would have to bring his name up in all the chemists' shops 1 visited, and ho then told me he had made purchases at a shop on the right ijoing to the Town Hall. Previously he had led me to believe there were two other places and I asked him to write them down." Witness said he went to Miss Brownlee's room again on April 30 and questioned the accused. The accused remarked: " Oh, Mr. Meiklejohn, don't you think my wife would have taken veronal tablets in mistake for aspirins." Witness said he replied: " Mr. Mareo, you had the veronal tablets hidden in a suitcase on a high shelf in the washhouse." Mareo made no reply to that. Deceased's Last Meal On May 8 witness went to Waterloo Quadrant and told accused that the j Government analyst wanted to knowwhen his wife had her last meal and what it comprised. " He said he could not remember of what or when it was," continued witness, " but that evening he rang me up and stated that the last meal his wife had had was on the Friday night, and it consisted of fish and chips. They had been purchased by Graham. He said he had given her the meal and as far as he could say she had eaten it." .< On May 20 witness and Detective Hamilton went to No. 1 Tenterden Avenue, and searched all through the house. In the backyard he found a heap of ashes where rubbish and papers had been burned. Among the rubbish was the remains of an insurance policy in the name of "Thehna." Detective Hamilton found under the house a letter signed Eleanor J. Brownlee, two empty mixture bottles and a round pill box. Allegations of Drinking Witness and Detective Hamilton next saw the accused* on June 5 at Miss Brownlee's room in Wynyard Street. Witness asked Miss Brownlee to leave, and Detective Hamilton wrote down a statement that accused made. Accused said: "What do you think? Someone rang up the other day and wanted to know if I had been arrested." Witness asked accused if he had ever given his wife any veronal, and he said, " Oh, no." Mareo then made a statement which he read over. He said it was true and signed it. In the course of this statement Mareo said: —" As far as I know my wife had two or three sisters and one brother. I have never met any of them. I do not know how many of them are living. My wife has suffered from her appendix. I first knew of this before we were married, because she used to take paraffin and she told me. My wife started to drink more than usual when we first went to Buckland's Beach. " I saw that my wife appeared intoxicated on Friday morning, April 12, her symptoms being the ones I usually saw in her after alcohol. I thought that my wife's condition was brought about by secret drinking in view of the fact that I had not, as far as I can remember, at this period supplied her with any liquor. Question of Doctor " I cannot remember whether I saw my wife take alcohol during the fortnight prior to her death. 1 thought she appeared in a drunken sleep on Saturday morning, because her symptoms were those I usually associated with her having a drinking bout. By 'drinking bout symptoms' I mean that she appeared dull, heavy and wanted to be left alone to sleep it off. The only liquid that my wife had on the Saturday evening was some milk, 1 do not remember who prepared the milk. It may have been anyono in the house, including myself. The sal volatile sent for on Saturday, April 13, per Graham, may have been suggested by Freda Stark or myself. I am not sure. " I think that it was on Sunday, April 14, that Freda Stark first suggested getting a doctor. That is the only time that I remember it being suggested by her. I don't remember what my wife said after she was given the sal volatile on the Saturday evening. I do not remember if my wife had anything to eat or drink on the Sunday, April 11. It is probable that she did not have anything to eat on this date. I do not remember the last time I looked at mV wife on Sunday night, and I do not remember what time I awoke or got up on Monday morning, April 15. No Will Left " On the Monday morning, when I woke up, she looked an unhealthy colour, and I got the wind up, and thought something had happened to her appendix, and I sent for a doctor. This would be between 9 a.m. and 10 a.m. She appeared to be sleeping heavily, but it was her unusual colour that concerned me. This was the first time I had noticed this colour. From Saturday to Monday morning, when ever I saw my wife in bed, she just appeared to be sleeping easily, and not in any pain. As far as I know during this time she did not suffer any pain. " I have never taken more than one veronal tablet at a time per day and some days I would not have any. I had no other veronal tablets other than

those kept in the suitcase, except those which I handed to the police. I did not show Dr. Dreadon the tablets that I had in my personal possession, because I did not think of them, owing to the necessity of getting the ambulance as quickly as possible. " My wife did not leave any will, as she had nothing to leave. I was worried over my financial position after leaving a city theatre, and I am pretty heavily in debt through the loss on musical concerts and 'The Duchess of Dantzic' production. " I have never on any occasion slapped my wife's face. It is quite possible that I was in Miss /Brownlec's company on the Friday, Saturday and Monday, as we were writing a scenario. It may have been at her address at Wynyard Street. My daughter Betty was not biased toward my wife, and to all intents and purposes they got on quite amiably together. Conversation Denied " What veronal tablets I did take I took in the same manner as 1 take aspirin. This was only over a period for about three weeks or a month. I had never taken them previously and I have never taken them since." On June 7 Detective Hamilton and witness went to Waterloo Quadrant to complete questioning accused on the lines they had followed two days previously. Accused made a statement which Detective Hamilton wrote down and which accused signed as correct. In the course of this, and referring to a Saturday night incident, Mareo said: " I did not have any conversation with Freda Stark, and most emphatically did not tell her that it was all right now and that I had convinced my wife that I did not love Eleanor Brownlee over the Saturday night episode. It is utterly absurd. I did not hear my wife telling* Freda Stark that 1 had promised my wife that I would not bring Miss Brownlee to the house again." The statement went on to describe purchases of veronal. He added: " As far as I know no person knew I was taking veronal tablets or that I had them at the house or in my possession." Letters Produced Witness said the accused produced letters, two written in ink and one in pencil, which he handed to witness. Accused said these would prove charges he had made against his wife; he had found them in her effects after she had died. Witness produced these. Mr. Johnstone read the letters, which were from a man in Sydney to Mrs. Mareo. Mr. Johnstone said that internal evidence suggested that the writer was a foreigner. Witness put. in another statement from Mareo dated June 24, in which he said he could not remember anything rational his wife had said on the Saturday night before her death.