RETRIAL OPENS

Poverty Bay Herald, Volume LXIII, Issue 19029, 1 June 1936, Page 13

RETRIAL OPENS

W!FE MURDER CHARGE MAREO AGAIN IN DOCK CROWN CASK REVIEWED QUARRELS RECALLED (Per Press Association.) AUCKLAND, this day. Sentenced to death in February for the minder of his wife Thehnii Clarice Marco, aged 29 years, by administering a hypnotic drug! Eric Marco, aged 45, a musician, stood' in the dock in the Supreme Court this morning for retrial on the grounds that fresh evidence had been discovered. Mr. Justice Calkin presided.

The Crown case was conducted by Mr. V. U. Meredith, who at the time of the first trial was travelling as manage!' ol (he. All Blacks, with him Mr. F. McCarthy, while the defence was again conducted by Mr. 11. F. O'Leary. of Wei lingtou, Mr. Trevor Henry, and Mr. K. (J. Ac-kins.

Xo evidence was. called for the defence at the Inst trial, but several witnesses will be called on this occasion, including three from Australia. It is expected that tho trial will last about a fortnight. Casual public interest was shown this morning, a small quelle of men waiting outside tho doors and a few women being seated in the gallcrv set aside forthem. Marco stepped briskly into the dock after smiling to his counsel and stood watching carefully liie empanelling of the jnrv. lia was neatly dressed in a blue striped suil and looked fil and bronzed.

OH A LLENG ES MX 11A UST M 1 > Nine applications for exemption from the jury were received and four wen granted. Fifteen men were set aside by the Crown and the defence exhausted its right to challenge. Tile court then adjourned to allow the jurymen to make business and domestic arrangements. Mr. Meredith, opening the case for the Crown, .said that if a person took ar overdose of veronal he or she would go into a coma and when recovering would not relapse. Mrs. Marco, who bad beer married for only 18 months, was a very talented lady. She was a Bachelor ol Arts of tho University of Queensland and an actress of charm. While with the Ernest Rolls Revue Company, she met Marco. They were, married in Welling lon in October of 1933. Mrs. Mareo died m April of 1935 at her home % in Tenterden avenue, '.Mount Eden, where she had lived with her husband and his son Graham, aged 17 years, by a- former marriage, and a girl known as Betty Marco, aged 21 years, who was a. daughter of a Dr. G'rev and Mrs. Grey, of England. WOMEN WITNESSES One ol the many witnesses to be called. Miss Freda' Stark, had been :' close, friend of Mrs. Marco and was a frequent visitor to the house. Anothei witness would be Miss Eleanor Brownlee who met Mareo when she starter 1 to take lessons in orchestration from him. and who also acted as accompanist in his orchestra and as his private secretary. At, the time of the marriage, MrsMarco had saved £SOO, which was handed to her husband. At the time of his wife's death.. Mareo was financially em barrassed. lie was out of permanent employment. There had been, three sere ous quarrels between Marco and his wife shortly before her death. "Mareo was a heavy drinker, and used to como homo under the influence of Honor.'' declared Mr. Meredith, lb described an occasion after a cabaret party when Marco came home under the 'influence of liquor and there was a row iirwhich Marco verbally attacked his wife saying: "Get out on the streets where you belong," and.she replied: "(live me back my £500." _ Mareo had replied: "I cant do that It, would take me two years. DISPUTE IN BATHROOM On another occasion a row look place between them i'n the bathroom. Mrs. Mareo leaving the house with Miss lueda Stark' and spending the night at he) r.-ien.l's place. Miss Eleanor Brown lee. who had brought Mareo home in hei car. slept that night in the bouse. Mi-. Meredith described a further quarrel when Marco came home one night and ordered Miss Freda Mark out of the house. The evidence, he said, would show that Marco purchased veronal, stating he had been suffering from insomnia, .lust prior to the. death of Mrs, Marco, the accused had purchased veronal. On the Friday, his wife was in bed all day. Miss Betty returned home and had tea with her father and brother. Mrs. Marco got up and washed the tea things. Marco went to tho bathroom and wrote a note and gave it to Miss Betty, telling her she was the daughter of Dr. Grey, and that if anything happened she, should communicate with a solicitor. Written on the envelope, was an' instruction that it was not to be opened unles she heard of his death. .. Tho letter would show that Mareo was in cither a morbid or a. desperate mood.

NO SMELL OF LIQUOR The same evening. Mrs. Marco went into a sleep and finally died. When Miss Freda Stark left the house that night, she kissed Mrs. Marco ami did not notice any smell of liquor. Evidence would be given by Iwo women that they saw Marco alter lus 'wife's death. He told them that he had given his wife some veronal on the Friday night. Thai: night Miss Freda Stark'noticed thai Marco, on awakening, staggered in his gait, hot, there was no smell of .liquor on him. Mis. Marco was still sleeping!. Miss Freda Stark suggested getting a doctor. Marco said that if -Mrs. Marco did not wake soon he would get a doctor. He also said that if he got a doctor, lie would gel into trouble because of the medicine he had got for her that night. Before Marco went for a. drive with Mis- IVrownlee, Miss Stark again suggested getting a doctor. After he had hem out for about half an hour. Miss Stark heard Mrs. 'Marco -I'll o"l : "Freda." and went to her. Mrs. Marco did not seem to have power in her limbs, but her mental activities were all right.

On the Saturday night, on the suggestion of Miss Stark, a sal volatile was n-iven to Mrs. Marco and she became hrjerhter. A <-m of milk was brought in for Mr;. Marco'and the accused handed t l" Mi.-s Stark to give to his wife.

When Miss HI ark attempted to give her the rest of the milk, Mr". Marco clenched her teeth and declined to drink it, Soon she was again asleep. On the next morning. Miss Stark again suggested that a doctor he sent for, The court adjourned for luncheon.