PLEA FOR DEFENCE

New Zealand Herald, Volume LXXIII, Issue 22353, 26 February 1936, Page 15

PLEA FOR DEFENCE

MR. O'LEARY'S ADDBESS J APPEAL FOR ACQUITTAL THE HISTORY OF VERONAL "NOT MURDEROUS WEAPON" "1 claim in Mareo's name a verdict of not guilty," said Mr. O'Leary in the opening of his address, after referring to the fact that the jury had heard an address on the case for the Crown and had heard in full detail the evidence of the Crown, "it may bo said that I am overestimating, but I hold I have a knowledge of criminal law to justify that claim completely and absolutely. "I contend that when you look through the evidence you will find that my claim is not too confident," Mr. O'Leary continued. He proposed to place before the jury the arguments, submissions and contentions to show that Mareo was "not guilty," and in doing so he wished to pay a tribute to the help given him by Mr. Aekins and Mr. Henry. "It is your duty to supplement our efforts," he said to the jury. Publicity of the Case "This case has claimed a great deal of publicity," Mr. O'Leary continued. "Marecy was before the Court in September and October and there was no lack of the details. Perhaps most of you read the accounts, littlo thinking that you would be sitting here as judges in the case. Having read those accounts one might unconsciously have formed an opinion." Mr. O'Leary referred to the fairness with which the Crown case had been conducted. He asked the jury to deal with the case on the evidence, 110 matter what ideas they might have had before. "I make bold to say now, after you have heard the evidence that you have quite a different opinion of it," he said. Referring to the relations between Miss Brownlee and Mareo, Mr. O'Leary said 110 opportunity had been missed during the trial to bring this to the forefront. "I do not complain of this as being unfair, but I submit that any suggestion of impropriety has been dissipated," he said. "Let me assure you that counsel who undertake the defence can undertake none more difficult than one which has been debauched by public ego and prejudiced by public talk." The Onus of Proof Discussing the'"onus of proof," Mr. O'Leary said the law demanded that the Crown's charge must be proved by evidence that was clear and reliable, cogent, convincing and trustworthy. That was known as the onus of proof and it would always be there as long as British law lasted. That law had recently been restated in a memorable judgment of the House of Lords in a case in which a man was charged with murdering his wife. That judgment, which set the man free, stated that while the prosecution must prove the guilt of the accused there was no such onus 011 the accused to prove his innocence. It was sufficient for him to suggest a doubt as to his guilt. That was the law of England, and it was also the law of New Zealand. The Mareo Household The Mareo household was undoubtedly an unusual one, continued Mr. O'Leary, who proceeded to describe each member of it in detail, beginning with Mareo himself, conductor, musician, composer, temperamental, full of optimism with his projects, neurotic, not sleeping too well and turning to veronal, perhaps too aggressive and outspoken when under the influence of liquor, but otherwise apparently on good terms with everyone. Mrs. Mareo counsel described as a talented actress of an extremely nervous type, who, when in liquor, was difficult and quarrelsome, not suited to housework.

Freda Stark was a dancer and stage aspirant, and counsel said he hoped lie was not doing her an injustice when he referred to her as a subject for commercial photographs. She came and went in the Marco house as she liked. Next was Eleanor Brownlee. Educated, musical, she had gone to Mareo for the purpose of the completion of her second university degree. She, 110 doubt, was enthusiastic about his work and admired his ability and his art as a musician. She vent to the house to work with Mareo, and apparently took a hand in the housework if necessity arose. There was Betty, just from a boarding school, and it was obvious in the few weeks prior to Mrs. Mareo's death that she was drifting away from her father. Finally, there was poor young Graham, just 011 the threshold of life, with a stepmother who knew little of how to care for boys. Questions for Jury Such was the household. Could they wonder that some things that would not be tolerated in an ordinary household were thought nothing of there? What might be a matter of comment elsewhere was accepted as a matter of course in this house. Eleanor Brownlee took up work with him never thinking that sinister suggestions could be made regarding their association. In the light of what they knew now, she was no doubt unwise, but the house and the people were a little unusual, and the most innocent of persons might have let themselves in for sinister suggestions as Miss Stark and Miss Brownlee had done. There was nothing socially or sexually wrong in the relationship between Miss Brownlee and Mareo. The Crown said that Mareo murdered his wife, and the motive implied was that he wished to get rid of his wife and replace her by Miss Brownlee. They were not investigating a charge of killing by any other means than by veronal. They were not asked to say whether there had or had not been a case of suicide.

Mr. H. F. O'Leary, K.C.

"We are not here to prove suicide or any other means of death," said Mr. O'Leary, "but, gentlemen, we can suggest to you these other possibilities as to the cause of death, and .you are entitled to consider whether they are not just as probable, just as reasonable. inferences as the theory put forward by the Crown. We are not here to prove a case of suicide. We only deal with these matters so far as they are necessary for the adequate and legitimate defence of our client." Veronal Cases Quoted Dr. Gilmour had told them there was no recorded instance of an adult person being murdered by the administration of veronal. Counsel submitted that veronal was not a murderous weapon. All the numerous cases of deaths from it went to show that they were either cases of misadventure or of suicide. Lethal doses might vary from 10 grains upwards where there were complications, and there were cases that had recovered after huge amounts up to 360 grains had been taken. A murderer could not have the vaguest idea how much to give if he wanted to destroy. " Gentlemen, a conviction of murder in this case would make history," said Mr. O'Leary, " but I do not ask you to let that deter you if your consciences drive you to the conclusion that it was committed; but it would be remarkable seeing that veronal has been used for 30 or 35 years that this should be the first recorded case of murder by its administration." Mr. O'Leary said the defence agreed that Mrs. Mareo died from veronal poisoning. That could not be contro-

verted, but they did not agree with the Crown's estimate of the quantity given. They did not agree as to how it was taken, when it was taken, where it wns taken, or where it was obtained from. They certainly repudiated the allegation that it was given deliberately by this woman's husband for the purpose of bringing about her destruction. Where there was death from veronal the great probability was in favour of misadventure or suicide. Dealing with the motive suggested by the Crown for the alleged murder of Mrs. Mareo, counsel said that all the quarrels spoken of took place when Mareo at least was under the inHueiico of liquor. He suggested that when Mrs. Mareo and Miss Stark left the house the presence of Miss Brownlee there «'as just an excuse. His Honor interposed to say there was no evidence to bear out that suggestion. The evidence showed, 011 the contrary, that the cause of the quarrel was Miss Brownlee's going into the bathroom. Mr. O'Leary submitted that there was not any real explanation given, He said objection had been taken to Miss Brownlee washing things belonging to Mareo. but what really happened was that she looked after the white ties and waistcoats he used in his musical performances. There was no evidence that Mrs Mareo was inclined to do these things herself. Reason for Letter There was a simple explanation of how Miss Brownlee came to be at the Mareos' house on the Monday morning, and after Mrs. Marco's death she continued doing household duties apparently without thought of any sinister suggestion. A typical instance of the way a sinister aspect was given to the association of these two was the evidence of Detective-Sergeant Meiklejohn that a dress of Miss Brownlee's had been found at Mareo's rooms in Waterloo Quadrant. It turned out that this was a smock used by women to put over their clothes when working. " When Betty left home Thelma had been in bed a week or two and it could be understood they did not mix too well," Mr. O'Leary continued. " Reference has been made to a letter Mareo wrote to Betty. Betty was drifting. She was just 21, and had left the house, and 1 submit that if she had been allowed to go 011 she would have drifted. I submit that in this Mareo was acting decently and honestly, and had written the ietter because Betty was drifting away from him and in another few years , would not have been with him. Plans For Future " Considering all these things, I submit that the motive urged by the Crown that he wanted to get rid of the woman goes bv the board. There is another absurdity of" the suggestion I want to show. She was an asset to Mareo for his productions. He had his plans for 'The Plume of the Arawas,' and arrangements were being made for Williamsons to take over the production of 'The Duchess of Dantzic' with Thelma Mareo as the leading lady. She was a necessity to him if his programme was to be carried out. What use would Eleanor Brownlee, not suited for the stage, have been to him in this connection? Thelma, on the other hand, was essential for the work. "Next there was the contention of the Crown regarding veronal," Mr. O'Leary said. "Let us consider what this alleged murderer did. He went to chemists who knew him, and the purchases he made could be easily ascertained. When Dr. Dreadon came and Mareo was asked about veronal he answered at once 'Yes.' He had gone and found the bottle empty. Apparently he had put it back in the same place. He told the same to Miss Bransgrove and Mrs. Evans and to Dr. Keanan —where he got it and why. Was that the action of a guilty man ? Would he not have gone to the 80 or 90 chemists in Auckland who did not know him? Would he have admitted anything about veronal that night to Detective-Sergeant Meiklejohn if he had committed murder? No. He would have destroyed what he had." " Frank Admissions " Referring to the burned label of a barbitone bottle found in the kitchen ashes, Mr. O'Leary said it had 110 significance, in view of the fact that accused had been so frank about his admissions of having had veronal in the house. "Regarding the medicine from Morgan's, I submit that Marco's conduct on the Monday showed he thought it had caused his wife's death," Mr. O'Leary continued. "It explained also his saying, 'They won't hang me, will they.' " It had been asked why Marco did not get a doctor earlier. He was frightened because of the medicine he had bought her. He thought he had committed a

crime in respect of that medicine. "Contrast his attitude regarding tho two —the purchase of the medicine and the purchase of veronal," said counsel. "In the one case he was candid, but in the other he was not, because of a belief of the possibility that it had been criminal to purchase it. "I submit, too, that he overstated the quantities of veronal he got. A man using a drug does not like to tell how much he is using. He said he had been taking one tablet a night, but might he not have been taking more? For some time the accused did not give the names of the chemists from whom he had made the purchases. The explanation of this was that there might be something wrong for chemists to sell veronal. "Mareo himself has been chivalrous and decent. After the inquest he remarked to Betty that she should not have said all the things she had about Thelina." Mr. O'Leary continued. Mr. O'Leary submitted that Dr. Keanan might have made a legitimate mistake when he said he thought Mareo had told him he had found the veronal bottle empty on the Friday night, and not the Monday night. Mr. O'Leary had not completed his address when the Court adjourned until 10 o'clock this morning.