MURDER TRIAL

Otago Daily Times, Issue 24606, 14 May 1941, Page 6

MURDER TRIAL

THE NEILING CASE MEDICAL EVIDENCE CAUSE OF WOMAN'S DEATH (P.A.) WELLINGTON, May 13. Further evidence was heard this morning in the case in which Leonard Neiling, aged 29, is charged with murdering Mrs Marjory Livingstone Horton at Wellington on or about January 9, 1941. J . Charles Robert Quinn, a drainage contractor, gave evidence of arranging for a job which Leonard Neiung was to start on January 10, but lor which he did not turn up. Hugh McWhinney, a City Council labourer, who assisted a constable in the search for the injured woman, who was eventually found under a shrub, described what he saw, giving details as to the position in which she was lying and the visible injuries. Dr L. W. Suckling and Dr D. G. Simpson, who examined the injured woman at the hospital, also gave evidence. Glass on Foreshore Giving evidence as to an examination of the foreshore where Mrs Horton was found, Detective W. J. Hedley said there was broken glass from beer bottles about eight yards towards the sea, and about half a chain away there were freshly-broken pieces of glass and the neck of a bottle with the cap still on. About 12 feet away he found a man's handkerchief, which appeared to have blood stains on it, and two corners of which were knotted. A full bottle of beer was found by the constable.

Witness was questioned regarding the injuries to Neiling's hand, which were observed when he was arrested in Auckland. Witness said that Neiling's hands were typical of a workman's. There were two sores on each. He could not recall whether one had been bleeding. Mr T. P. McCarthy (for the defence): I put it to you that that part of the beach is riddled with glass. Witness: There were a number of pieces of glass there, but they had obviously been in the sea and were worn by contact with the rocks. Mr McCarthy: Many of them were jagged ': Witness: No, they appeared to me to be all worn. Corroborative evidence Was given by Detective J. H, Alty. . Cause of Death Dr P. D. : Lynch, pathologist at the Wellington Hospital, who conducted a post-mortem examination, said he found that death was due to cerebral thrombosis, associated with throttling and multiple fractures of the jaw. He said that Mrs-Horton suffered from hardening of the arteries, particularly the arteries of the brain.- A blow with a clenched, fist, could, quite easily fracture her-jaw. ! which; was-slender and fragile. It would not. be possible, from the appearance of the injuries, to express an opinion as t 6 the order in which they were received, but he thought that the injuries to the jaw must have occurred while Mrs Horton was standing on the gravel beach. The blows might very- Well have 'caused : unconsciousness.; The extent of the injuries round .the. throat led him to the belief that unconsciousness had rapidly followed. The thrombosis which finallv caused death was the direct result of the injuries, and violent throttling with a bare hand could have accounted for all the appearances. Witness said he was not able to give any other explanation.

Dr Lynch said that he had discovered human blood on a suit the police had handed him. Some of.the stains.were not obvious on the surface, some attempt having apparently been made by sponging or rubbing to. remove them.., '.

Under cross-examination, Dr Lynch denied;that the injury to Mrs Horton's forehead could have been caused by her;, falling, on \a sharp ..surface. . She received at "least Jour blows, and violence such as was used on her would have been reasonably the cause of immediate death. He admitted he had never heard before of thrombosis being proved -to have resulted irom throttling. '":"'"' . W ' ■ 'Re-examined, Dr Lynch: tirid it was riot reasonable to regard the occurrence of thrombosis as a coincidence in such circumstances. ' • The Crown case was not concluded when the court adjourned till.to-mor-row.