MURDER CHARGE

Otago Daily Times, Issue 24605, 13 May 1941, Page 8

MURDER CHARGE

DEATH OF OFFICER’S WIFE ORIENTAL BAY CASE SUPREME COURT TRIAL (P.A.I WELLINGTON, May 12. 'i lie trial ot neonard Welling, aged 29, on a charge of murdering Mrs Marjory Livingstone Horton at Wellington on or about January 9. 1941, was opened beiore the Chief Justice, Sir Michael Myers, to-day, Mr C. H. Weston. K.C., and Mr W. R. Hirks appeared for the Crown, and Mr W. E. Leicester and Mr T. P. McCarthy for the defence. There are 32 Crown witnesses. The accused pleaded not guilty. The defence challenged five jurors and the Crown three. Opening the case for the Crown. Mi Weston described how Mrs Horton returned to the city from a visit to Lower Hutt in a bus in which the accused was also travelling. On arrival at Wellington Neiling and Mrs Horton left the bus together, soon afterwards entering a taxi. Mr Weston described how drink was obtained by Neiling at an .hotel, and how the pair had gone to Oriental Bay; The taxi-driver would tell the court that Neiling and Mrs Horton went down a bank at Oriental Bay after the taxi had been paid off. Mrs Horton had been found the following day unconscious. with her face battered and bruised, and with her jaw broken. A man’s blood-stained handkerchief had been found embedded in the sand. The Crown's Allegations

It would seem. Mr Weston said, that Mrs Horton, while standing on the pebbles, was struck in the face with a fist. She was then forced back on the parapet. The Crown suggestion was that the assailant knotted a handkerchief round her face and then throttled her. Neiling had been accosted by the police at Auckland on January 23. and the police had taken possession of a suit he was wearing and a bloodstained handkerchief.

Captain Mervyn Wilmot Horton, in evidence, said he was not anxious over his wife’s non-return as he thought she had decided to stay with Mrs Welby at Lower Hutt as she had done previously. Next day he was interviewed by the police, and identified her at the hospital. She had an unfortunate longstanding weakness for alcohol, and would go to some lengths to obtain it. but immorality on her part was quite inconceivable. Her health was not good, and she had been worrying a great deal about her son, who was serving in the Royal Air Force. The depositions of Mr and Mrs Welby, which, were given at the lower court hearing, were put in and read to the jury. Evidence was given by Mrs Lesa Collins, of Petone, who was asked on January 8 to give the accused accommodation for a few days. She put him in a bach ” alone. Under cross-ex-amination she said she went to the back door of her house at 11.30 p.m. on January 8 and heard coughing from the “bach.” Next day she saw no blood on the accused’s clothes. Journey in Bus

Evidence on the lines of that given in the Magistrate’s Court was given by the driver of and passengers in the bus on which Mrs Horton, the accused, his brother, and a Maori girl, travelled from Lower Hutt to Petone. It was said that Tom Neiling and the girl alighted at Petone, but that Leonard Neiling and Mrs Horton came on to Wellington.

A taxi-driver who drove the accused and Mrs Horton from a stand near the bus stop in Wellington to Oriental Bay, during which journey they called at an hotel and obtained some beer, also testified along the lines of his previous evidence, adding that the finding of a dark spot seemed to be Mrs Horton’s suggestion. The court adjourned till to-morrow.