THE MAREO CASE

Otago Daily Times, Issue 22909, 17 June 1936, Page 10

THE MAREO CASE

TAKING OF EVIDENCE CONCLUDED

ADDRESSES BY COUNSEL S

(Per United Press Association)

AUCKLAND, June 16.

The court was crowded this morning, when the evidence for the defence in the Mareo retrial was concluded with the completion of the cross-examination of Dr Giosen.

“You have contradicted all the evidence of the medical men. Can you quote any literature to support your view?” asked Mr Meredith. Witness: 1 don't know if I can.

Mr Meredith: You remember that Mrs Marco’s weight was given by Freda Stark as just under eight stone?

Witness: Yes,

Mr Meredith: Does it not follow that there must have been many times six grains of veronal in the whole of the body at death?Witness: All we know as t 6 the amount of veronal at death is the amount extracted, and we know there must have been more. As to how much more nobody can make any estimate. Mr Meredith: I put it to you that there must have been many times more. Witness: I cannot concede that. Mr Meredith: Is there any other medical man who can support you m your propositions? Witness: 1 don’t know of any. Re-examined by Mr O’Leary, Dr Giescn said he had been in active practice in Wellington for 30 years, and other medical men still consulted him. For U years he was examiner for the University of New Zealand—for two years on toxicology and medical jurisprudence. After several technical questions had been asked by the foreman of the jury, Dr Giescn left the box. The Crown called George Seymour Dennis Sheard, of Mount Eden, who in ] 928 was a member of the Musical Comedy Company. He said that in Adelaide he was the tenor of the show, and Thelma Trott (afterwards Mrs Mareo) was the soprano. They sang duets. He saw her every day and mg.it for five weeks, and she stayed with ms people for three or four weeks. Ive no knowledge of her ever taking veronal in that period,” said witness. She was not dopey and depressed. On the contrary, brightness was one of the greatest of her assets. I knew her on tour in Australia, Tasmania and New Zealand for about two years and admit, and never saw any signs of dopiness which has been referred to. Miss Tiott not only did her ordinary show work, but also acted as Humphrey Bishops secretary.” w .. Cross-examined by Mr OLeaiy, witness said he realised that Mrs Mareo would be an asset to Mavco. Re-examined by Mr Meredith, he said that, in view of Miss Trott’s experience with Humphrey Bishop, she would be an asset as secretary. , . Addressing the jury, Mr 0 Leary ask d it to consider what would be the cm of the trial for the man in the dock charged with murder, the penalty of which tiiey knew. Would he bo free to return to his children and his fi lends, or would he return to the cell where he had been incarcerated? Veronal was not a murderer s weapon, counsel went on. The records flowed that deaths from veronal in the case of adults arose in the main from misadventure and suicide. What might kill one person might have little or no effect on another. A person setting out to murder by veronal could have no idea as to how much to give. The Crown selected the possibility that Mareo had given veronal to Mrs Mareo. He did it, the Crown said, at a time when Mr and Mrs Marco were said to be happy and when Freda Stark was present. The defence, contended Mr O’Leary, said that the most likely alternative was that Mrs Mareo, by accident or design, took the veronal herself. It was fiiost likely and most consistent that she had had some innocently on the Friday nio-ht, that on the Saturday she got up after the manner of persons under the influence of veronal —or even without getting up —and took a store of veronal, and that was what killed her. Mr O’Leary dealt next with the relations between Marco and Eleanor Brownlee. He spoke of the quarrel which took place after the Dixieland party, when Miss Brownlee brought Marco homo drunk. That in itself was an indication that there was nothing improper between them. A man did not bring homo his mistress into the bosom of his family. When he was allegedly murdering this woman, Mareo was drafting a letter to Messrs J. C. Williamson, Ltd., asking them to take over “ The Duchess of Dan/,ig,” the play in which his wife played the leading part. Thelma Mareo was essential to Marco’s future projects and yet the jury was asked to believe that he had murdered her. It might be suggested that Miss Brownlee was to take Mrs Mareo’s place, but she was not an actress.

“To procure veronal, Mareo went to chemists who knew him,” Mr O Leary said. “He told the detectives lie was taking veronal, and he told others he was taking it. Are those the actions of a guiltv man? Would he not have got rid of*the stuff had he been guilty? AH Marco’s actions in regard to the veronal were frank and were certainly not those of a guilty man. As soon as his wife died he candidly admitted the possession of veronal. He never hesitated. He thought that liis wife’s condition was due to medicine lie had given her, mid he was not candid about the medicine because be thought he had committed an offence. I ask you to contrast his actions over the corrective medicine and his action regarding the veronal. On the one hand he was candid, truthful, and straightforward, and on the other he was not.” Mr Meredith, addressing the jury, attacked the evidence for the defence. “I am going to put it to you,” lie said, “that that evidence lias no bearing, or practically none, on this case. The whole case now depends on u careful consideration of the incidents from the Friday night to the Monday afternoon, when Thelma Mareo died.”

It was surprising, counsel continued, that it was necessary to bring people from Australia to prove Mrs Marco’s drinking habits. There should have been plenty of people in New Zealand and in Auckland who knew her intimately. People who knew her in Australia ami performed with her there said they knew nothing of these accusations.

Dr Giescn, who was called for the defence, put up a most amazing proposition, Mr Meredith said. He was a man who admittedly studied the ca«e from the outset and advised the defence. He advised the defence that everyone was wrong, but he did not come to the last trial'and give evidence, and it was only now that he had got into the firing line. Dr Gieeen's theory was a contradiction of several reputable men who had given their evidence with certainty and were supported by text books. Surely out of the thousands of medical men in New Zealand there must have been some who would have come forward in the interests of justice to support Dr Giesen.

Mr Meredith had not completed his address when the court adjourned for the day.