MURDER CHARGE

New Zealand Herald, Volume LXXIII, Issue 22434, 2 June 1936, Page 12

MURDER CHARGE

RETRIAL OF MAREO

DEATH OF HIS WIFE

POISONING; ALLEGED

CROWN CASE REVIEWED

The retrial of Eric Mareo, musician, aged 45, on a charge of murdering his "wife, Thelma Clarice Mareo, at Auckland, on April 15 of last year, was commenced before Mr. Justice Callan and a jury in the Supreme Court yesterday. Mareo was found guilty with a recommendation „to mercy last February on exactly the same charge and sentenced to death by Mr. Justice Fair. An appeal against this verdict was dismissed by the Court of Appeal, but subsequently, on application being mado to the Executive Council, a now trial was granted on the ground of the discovery of frosh evidence.

The prosecution is being; conducted by the Crown Prosecutor, Mr. V. It. Meredith, who was away from New Zealand at the timo of the last trial, and with him is Mr. F. McCarthy. The defence is again in tho hands of Mr. H. F. O'Leary, K.C., of Wellington, supported by Mr. T. Henry and Mr. K. C. Aekins. Selecting the Jury Proceedings yesterday did not attract much public attention, but all day about a dozen women occupied tho front seat of tho gallery set apart for women. Mr. Meredith's address began at 11.15 and concluded al; 4 o'clock, after which three minor witnesses were heard before the Court rose for the day. The selection of the jury was carried out with scrupulous care. Nino of the 40 summoned made application to His Honor for exemption on various grounds. Five of ithe applications were refused and four granted. The Crown stood aside 15 and the defence exercised its full right to challenge six, so that the panel //was nearly exha'usted before the 12 were chosen.

Those finally selected were: Messrs. A. W. Greig (foreman), Arthur Johnson, Joseph O'Conncll, James A. Kean, Frank Evans, Charles Harris, John O'H. Broom, Arthur G. Moon, T. W. Cocks, J. A. Holmes, Thomas Young and P. L. Denerlcv.

As the jurymen will be kept strictly togethef until the conclusion of the trial His Honor adjourned the Court for half-ah-hour to enable them to communicate with their homes and make any necessary arrangements. The majority of the witnesses were ordered out of Court at Mr. O'Lenry's request. Gravity of Charge If there could be any degree of heinousness in a charge of murder, said Mr. Meredith, in opening his address to the jury, it was probably most serious in the case of poisom The allegation of the Crown was that Mrs. Mareo met her death by an overdose of veronal administered by the accused. Veronal was a well-known hypnotic, very commonly used for the purpose of inducing sleep, and until recently it could be purchased very readily. The only danger from it was in taking, excessive doses which were followed by coma and sometimes death, feymptoms of an excessive dose were thickening of speech and staggering of the limbs, and those symptoms might be"shown immediately after it had been taken or when the patient was beginning to recover. Evidence would be given that once a patient started to come out from the influence of veronal he Would continue to recover unless complications of some other kind arose. Giving a resume of the situation of the Mareo household, counsel said Mareo went first from Europe to Australia. His wife was a very talented Australian Indv, an actress of charm, anil ah accomplished musician. She came to New Zetland iti'the same theatrical company with Mareo, and they were married in Wellington in October. 1933, and remained in this country. '•Three fleiious Quarrels Betty Mareo and Graham Mareo camo from Sydney to joih Mr. and . Mrs. MarfeO m ( . Auckland. Frequent visitors to their hoilse ill Tehterden Avenue, Balmoral, were Frfeda Stark, a close friend of Mrs. Mateo's, and Eleanor Brownlee, a student of music, Who was very closely associated with Marco in hia musical and theatrical work. Prior to her marriage Mrs. M&reo had satfed £soo,and.Mareo Was admitted to have had £4OO ofit. About the tilne bf Mrs. MareO's death Mareo was out of employment and was financially embarrassed. Three serious quarrels had taken place between them. Mareo used to come home under the influence of licjuor. One of the quarrels took place after a.party at Dixielarid held to celebrate the conclusion of "The Duchess of Dantzig" season, a performance of which Mareo had been conductor, and in which Mrs. Mareo had taken a very prominent and successful part. A second quarrel took place one night When Eleanor Brownlee Drought Mareo home drunk, and a scene ensued. Mrs. Mttreo atld Freda Stark left the house that night and Eleanor Brownlee subsequently Wrote her an apology. Mrs. Mareo returned home, out Eleanor Brownlee did not visit the house again until the day of Mrs. Marco's death. Charges Against Wife

The third quarrel arose when Mareo came home one night and made grave accusations, against his wife's character, which so Upset her health that she had to consult Dr. Walton. Betty Mareo left home,', and the situation Of the household prior to Mrs. Mareo's death Was a most unhappy one. Evidence ; ttv,u!cj be given that Mareo had, purchased about this time from various chemists 51 tablets containing about 255 grains of veronals He also Obtained ,a tonic medicine for his wife to allay some nervousness she had. Tradesmen and Others would give evidence that Mrs. Mareo was bright and well duripg the week prior to her death. On the Friday of that week Mareo •wrote a letter to Betty Mareo giving her particulars about her parentage and advising her to take the letter to a solicitor. On the envelope was written, "Not to be opened unless you hear of my death," and he gave it to Betty. Mrs. Mario sperit some time showing Freda Stark some clothes she was making for the coming winter and when Freda Stark left Mrs. Marco was perfectly well and cheerful. Freda Stark did not see her normal again, and it was to be noted that Marco told two witnesses after his wife's death that he had given her veronal on the Friday night;. When Freda Stark arrived the next afternoon both Mr. and Mrs. Mareo were asleep. A Doctor Suggested

When Mareo wakened he told Freda Stark that Mrs. Mareo had fallen out of bed that morning and that he had found her standing swaying in front of a, dressing table muttering incoherent nonsense. Miss Stark suggested getting fi, doctor, but Mareo said he could not very well do so as he had got certain medicine for Mrs. Mnreo. Mareo went out that evening w:th Eleanor BroWnlee in' her car. Miss Stark was anxious, and went in anil out of Mrs, Mnreo's roOm.-- Eventually Mrs. Mareo called ner hy name and Miss Stark found consciousness returning to her. sS%J5 a u° r \ t i uned he and Miss Irk told Mrs, Mareo funny stories

and asked her questions to keep her awake. Mareo brought in cups of milk and a small piece of dry bread. He handed the cup to Miss Stark to givo to Mrs, Mareo, who took about half of it with some difficulty. The cup jvns handed to Graham and he gave Mrs. Marco some of it, though ho was not very successful. When Miss Stark tried aigaili Mrs. Marco shut her teeth and turned her head away; and if there was veronal in it it might well be that she did so on account of the trtste. She went off into a dead sound sleep, and tho suggestion was that in tho milk given her there was a further dose of veronal, which acted very rapidly. Condition of Woman Miss Stark lay down on the bod beside Mrs. Marco, and Mareo settled for the night in a chair. Again Miss Stark asked 'Mareo to get a doctor, and attain he put it off. In tho night Mrs. Mareo mado a nasty gurgling noise in her throat and was breathing very heavily. Next morning Miss Stark said to Mareo again that Mrs. Mareo required a doctor, Ho replied that if she was not awake when he returned he would get one. Counsel said Mareo went out, leaving in the house Mrs. Mareo, who was unconscious, Freda Stark and the boy Graham Marco. When Marco returned about 1 p.m. Freda Stark said Mrs. Marco was still unconscious, and that a doctor should bo got. Mareo then told her that he had communicated with a chemist, who told him that Mrs. Marco would sleep for thrco or four days without ill-effects. The significant point about that, said Mr. Meredith, was that the chemist would deny having had any such communication with Marco Doctor Called The only persons in tho house from Friday night onward were Mr. and Mrs. Mareo, Froth. Stark and Graham Mareo. Freda Stark went homo early on Sunday evening. According to Marco's statement he noticed his wife's blue mottled appearance on Monday morning and became alarmed for the first time. Miss Brownlce went to the house that morning and made an effort to get a doctor, but without success. Miss Stark went to the house about 2 p.m. and found Mrs. Mareo " in a frightful condition." Sho had one look and rushed next door to telephone for a doctor. Dr. Dreadon arrived about 3 p.m. and found Mrs. Mareo in a parlous condition. Dr. Dreadon formed the conclusion that sho had had an overdose of dopo and asked Mareo if he had any veronal in tho house. Marco said " Yes," and that- he occasionally took some, and he went out to the wash-house. He brought back a veronal tablet bottle, and expressed surprise that it was empty. Later he produced to tho police from his hip pocket a bottle with nine veronal tablets in it. Results of Post-mortem

Dr. Dreadon sent Mrs. Mareo to the hospital as her only chance, but sho died about 5.30 p.m. At the hospital Mareo told Dr. Keanan lie had found a veronal bottle empty on tho previous Friday night. On the following day a post-mortem was held on the body of Mrs. Mareo, ancl it was found that all tho organs wore healthy. The Government analyst found 8.55 grains of veronal in bodily organs submitted to him, and 6.23 grains in bedding and garments. The experts considered that that showed Mrs. Marco had had a very largo dose of veronal, certainly enough to kill her.

Mr. Meredith then rend the long stotemellit made to the detectives by Mareo on the evening after his wife's death. In this Marco accused her of beihg a heavy drinker, and said he thought her condition before her death had been caused by heavy drinking. The next day two women who had been members of "The Duchess of Dantzic" company called on M.ireo. Thnv would say they had had close association with Mrs. Mareo, and had never seen any sign of her drinking. Alleged Remarks

When they called, Marco told them he had given her veronal on Friday night. An they wore going away he grabbed them by tho arms and said, "1 am really frightened. They won't hang me, Will they? Will you help me if I need it P" Bottles were found at Mareo's house with the labels scraped off, and Bcttv Mareo would say she scraped them off so that the chemists concerned might nob get into trouble. Mareo was interviewed (several times by the detectives, and gave additional statements. Ho handed to the police three letters from Australia he had found among hid Wife's effects Which, he said, would support allegations he had made agAllist her. One, Mb Meredith said, was a perfectly manly lo*-k letter apologising for having offended, and liiii other two werts from a neurotic foreigner whom Mrs. Mareo had evidently rebuked for the tone of his letters to her. - Mr. Meredith devoted some attention to an examination of the expert medical evidence, regarding the physical effects of veronal, and then summarised the Crown case. "In conclusion," ho said, "I want yOu to remember that the charge is a grave one. I implore you to listen to the evidence and consider it with the greatest earnestness and care; and if, after hearing .that evidence and hearing what my friend will put before you in favour of the defence, you feel that there is some reasonable doubt as Id the guilt of this man, 1 would earnestly ask you to give him tho benefit of the doubt and acquit him.

Jury's Duty "But if, after tho consideration of the evidence, you driven to the conclusion that Thelma Mareo died as the result of veronal poison deliberately administered to her by her husband, the accused, it will be votir duty not to flinch from the verdict of guilty, always remembering that your responsibility ends with returning tho verdict. The responsibilities for what follows aru in other hands."

The opening witnesses called for the Crown' were n police photographer and a Public Works draughtsman, who submitted photographs and plans of Mareo's home. . Stanley Stapleton Porter, insurance agent, gave evidence that Mrs. Mareo had an industrial policy for £37, on which ho collected Is a week. She was in good health and spirits on the Monday prior to her death. He had never seen any indication of liquof on her. To Mr. O'Leary, witness said tho amount payable on tho policy was about Jilo. The Court then adjourned until this morning.