MURDER CHARGE

New Zealand Herald, Volume LXXVIII, Issue 23965, 15 May 1941, Page 11

MURDER CHARGE

DEATH OF MRS. HORTON

LEONARD NEILING ON TRIAL CASE FOR DEFENCE OPENS [BY TELEGRAPH'—PHKBB ASSOCIATION] WELLI NO TON, Wednesday

The trial of Leonard Neiling, aged 29, on a charge of murdering Mrs. Marjory Livingston Horton, at Wellington, on or about January 9, 1911, was continued before the Chief Justice, Sir Michael Myers, in the Supreme Court to-day. The final inedieal witness for the Crown, Dr. J. 0. Mercer, who examined deceased with Dr. Lynch, described his findings. In the course of a very lengthy examination, he said he agreed with Dr. Lynch that if the injuries to the head were taken together, the possibility of a fall, as opposed to applied violence, could be excluded.

To the foreman of the jury, he said he thought the injuries to the head would have been sufficient in themselves to have caused death. Arrest of Accused Constable Needham, of Auckland, described having found the accused ami another man in a public bar of an Auckland hotel on the afternoon of January 2'!. lie asked the accused to accompany him outside the hotel, where he told the accused ho was making inquiries for a man named Leonard Neiling, of Wellington. The accused said he was Boh Manning, of Onehunga, and that the barman in tlm hotel would say that that was his name. The barman told witness that lie did not. know the accused, but he had seen him once before in the hotel.

Witness left a companion, Constable Goldfinch, to keep watch on the accused while witness went to make inquiries. Returning two minutes later, lie found the accused and the man with him going down Durham Street West. They looked back and saw they were being followed. Witness ran and caught Neiling's arm. He told him he was satisfied he was the man being looked for, and that, he was arresting him for a breach of probation. At the police station he took possession of N'eiling's clothes. Statement to Police Detective-Sergeant McLennan said accused, in reply to a question, said he would not make any statement about his movements between noon on January 8 and noon the next day. When toid of the allegations against him, Neiling had said: "I was not in a taxi, nor at the Carlton Hotel, nor at Oriental Bay with this woman. I did not know her." Neiling's explanation of bloodstains on his clothing was that he had knocked his hand on a door in a Newmarket hotel, but he could not give the name of the hotel. Accused later, however, admitted that he bad been in a taxi and had gone to the Carlton Hotel to get some beer. The last witness for the Crown was Chief-Detective Young, who gave evidence regarding an identification parade held at the Wellington police station. Defence's Alternative Theory Opening the case for the accused. Mr. \Y. E. Leicester pointed out that for a verdict of guilty to be returned the Crown had to prove that its theory was the only reasonable one on which the jury could act. He hoped to show not "only that the Crown's theory was false, but. further, that there was an alternative one on which they should act. Even if it were assumed the accused was the man who was at Oriental Bay with Mrs. Horton, the defence had an alternative theory of how she came by her injuries. The Crown had put forward the theory of throttling to account for her death. The alternative theory that evidence would be brought to support was that here was a woman who. under the influence of liquor, suggested that she and a man with her find a dark spot in which to drink. While they were there she became ill. and went down to the water. She was wearing highheel shoes, and the defence suggested that she fell, got cuts, and broke her jaw. Evidence Called

Mr. Leicester said expert medical evidence wou.d be brought that would be a counter to the theory that death was caused by throttling, and to show also that the facial injuries would not have caused death had Mrs. Horton not had degenerated arteries. Evidence was given by Frances Rose Quintal that accused stayed with her and her husband at Tvarebana BayPlimmerto n, from the evening of Januarv 9 to .January 12 at 9 a.m.. when he departed for Auckland. In that time he went about openly. Robert Watt, probation officer at Wellington, said accused was at liberty on probation granted bv the Prisons Board at the time of the alleged crime He had been in gaol for breaking and entering. On .January S and 0 he called at witness' office for money due to linn. Expert evidence was being given by Dr. A. E. Park to support Mr. Leicester's contentions when the Court rose until to-morrow.