MAREO GUILTY

Poverty Bay Herald, Volume LXIII, Issue 19044, 18 June 1936, Page 9

MAREO GUILTY

MURDER OF WIFE

VERDICT AT RETRIAL

JURY GUT 2h HOURS

SENTENCE OP DEATH

HEARD FOR SECOND TIME

' (Por Press Association.) AUCKLAND, last night. ! For the second time this year Erie Mareo, the well-known musician,' of Auckland, had to-night, to hear a jury bring in n verdict of guilty of murder against him and to listen, to the judge pronouncing sentence) of death. There was a very large crowd about Ihopreeinc'ls of (he court when the final decision came at a somewhat earlier hour than had heen expected. When the first trial .on the same charge concluded oni February 26. the verdict, was one of guilty with a very strong recommendation to No such recommendation was made to-night. Tlie trial began, on June 1 and has thus lasted fop 14 days. The jury retired' at 5.30 and were hack in their places a few minutes after eight o'clock. Mareo showed considerable, emotion in the few sentences that he addressed to the court before Mr. Justice Callan pronounced the inevitable of death. • ■ :'.-:■•'

Tlie charge against Mareo, who is 45 years of age, was that he murdered his wife. Tbelma Clarice Mareo. aged 29, at Auckland on April 15 of last year by administering poison, veronal, to her. The prosecution was conducted hy Mr. Y. ft. Meredith (Crown Prosecutor) and Mr. F. McCarthy, while Mr. H. F. n'l.earv. K.C.. of Wellington, and Mr. T. Henry and Mr. K. C. Aekins have been in charge of the defence. INTEREST AT CLIMAX

Public interest, as shown by the attendance at the court, had flagged at times during the lengthy retrial but it roue to a climax to-day. All clay long, there was busy going and coming c" cars and pedestrians and long queues of men and women formed up at thei" respective entrances. Early in the evening, when it was, known the verdict was to be expected, the crowd grew to a, record size nnd about. 7.20 p.m. the police found it necessary to close and guard 1 all entrances. Scores of cars were parked in Die neighbourhood, The final address for the Crown by Mr. Meredith finished at 12.20 and was followed by His Honor's summing up. which lasted until 5.27 p.m., when the jurv retired".

Sharp at 8 o'clock, there came a sudden stir among the crowd thai had succeeded in gaining admittance to the court.

"Sit' down!" shpuded a constable. "Stand off the seats!" called another. Swift movements of officials indicate! 1 that the jury was returning. Mareo. the central figure of the drama, returned to bis place in the dock in time to warch intensely the faces of the jurymen as they entered one hv one. lie turned toward Hetty -Mareo, who' was seated in one of the witness seats and smiled-and then turned again" to watch the jury. VERPICT ANNOUNCED The registrar exchanged a brief word with the foreman and the noises hi tlie court bad hushed to silence before the sharp cry of "Silence!" heralded the entry of the judge. "Gentlemen of the jury,"' asked the Registrar, "have yon agreed upon your verdict?" "We have," was the brief reply.

"How say you. Do you find tlie prisoner guilty or not guilty?" came the second quest tori. Tlie foreman uttered one word: "Guilty."' ' A low stifled sob could be heard and signs of emotion among the croyvSl were suppressed by a call of "Silence. " Mareo, braced against the rail of thb dock, stood with his.mouth slowly working. . lie looked toward Miss Mareo and softly called "Betty." He then squared his shoulders and faced the judge. "Prisoner at the bar," continued the Registrar, according to the prescribed form, "Have you anything to say why sentence of death should not be passed upon you?" "It is very hard to say anything under the circumstances," said Mareo, his voice showing signs of emotion, "because it is the second timo I have been through this terrible ordeal. SENTENCED ON "LYING WORD." "I can only say that it seems to me from a logical and clear-minded man's reasoning—from (he way (ho whole of this case "lias been conducted by all counsel, and after your Honour's may 1 say niarveljous summing up, ] have been sentenced on the lying word of Freda Stark. I ought not to say that," he added after a pause. "But what can 1 say Nothing more." As tho judge put on the black cap, the 1 court crier stood forward to deliver his challenge "Oyez! Oyez! Oyez! all manner of persons are commanded to keep silence while the judgment of death is pronounced by tho court upon the prisoner,at (he bay upon tho pain of fine or imprisonment."

"Eric. Marco," said His Honour, speaking slowly and firmly, "the sentence upon you is that you be taken from this place to a lawful prison nnd thence to a place of execution and that yon be there hanged by tho neck until you are dead and may the Lord have inorcv on vour soul."

After hearing the sonre.nce of death, Mareo looked again to where Betty Mareo was sifting and called her name a'most inatidibly. Probably sho was too overcome to be aware of it Slowly, and apparently reluctantly, he descended the steps, gazing into the faces of the silent crowd at the back of the court.

Another call for silence prepared the way for His PTonour to address ft few words to the jury and to counsel engaged in the case.

"Mr. fotoman and gentlemen of the jury,'? he said. "I am novy ablp to discharge von and, on behalf of your counfry, J express my rogrot that your services on this occasion have kept von so long and have beqjj So arduous.' I hayo to thank you op behalf of your country for your Ipnjf. patient arid enrofnl attention to this ease, JUKY EXEMPTION. "When a service of such unusual magnitude and duration rails tn a jury, it is within my power, and it is proper, to give von an exemption from further service for a term of years. In view of what has been done in other JonjT enses of recent, occurrence

in this city, I think further complete exemption of six years is appropriate, and 1 so order."

"It remains only ton me to say this; this has been a very long and arduous trial and has laid a very great strain upon members of the bar —the leading members and junior members—who have shared in the presentation of both sides of this case. 1 think I ought to say that all of them have done their task extrenie-'. ly well and in full conformity with the best traditions of the Bar in this country and iii Britain. Ami particularly do 1 thank (hem all for this: that 'despite the heavy strain we have all been under from the' nature of this case day after (lay, thej'\haye behaved to one another throughout as gentlemen of the Bar and in perfect, good temper." "The court stands adjourned until 10 o'clock to-morrow morning," called the crier.

As the judge retired through bis door and the tension relaxed, a murmur oi' voices arose all over the court; Betty Mnreo gave way to unrestrained sobbing until a, young man and woman bur ried to her 'assistance and ■ helped per away, Mareo's son Graham Marco did not appear to fee present. Still in bis wig and gown . and sunk limp over the liar table. Ml. 11. F. Q'Leary, Jy.C, who had twice fought Marco's long and losing battle, bore the appearance of a man who bad been struck a cruel blow.

Probably the public would have remained disclosing the position indefinitely, but. the officers of "the police quickly shepherded them outside the building, where groups remained in conversation for some time. JUDGE'S SUMMING UP

The judge's summing up had continued from the resumption otf the court in the afternoon until 5.50. He revipw ed the evidence at length and said it was definitely established that Mrs. Marto bad died of veronal poisoning. The next questions were: Did Mareo give it to her. and did ho give it. to her with intent to kill? Regarding the first of these, the Crown set about answering it by this means. They said they- would prove that Mrs. Marco woke voluntarily and would show how long and under what circumstances she stayed awake. Then they' would show that, after milk was given, she went from sleep to conia. They said they would establish that it was" scientifically impossible for those facts to happen'without'a further (Jose of veronal and that veronal must have been given in the milk. If each of those steps be safely taken, said His Honour, then it was safely established that Mareo gave the milk that killed her. If any" one of these broke, there was a break in the case. The history of the symptoms of the patient depended almost entirely on the evidence of Freda Stark to such an extent that if the jury had not entire faith in that evidence it was"not good enough to build medical opinion on. Was she sincere? She was a long time in the box and so some impression must have been formed on that question. QUESTION OF MOTIVK

His Honour would say this much : That itwas a very useful thought to ask: "Wasi she :«t "nil Shaken in crossexamination?" "Doctors do not agree' f minted out His Honour, "but you, as aymen, must try to understand what It is these doctors are saying, and you must not be afraid to determine^:" The question of motive was djsnlt with bv His Honour. If this man killed his wife, why? [ After quoting authorities. Hi?. Honour said two things in the trial Vied been brought to their notice: They were the Apparent lack of association between Marco and his wife and the (Association of Mateo and Elentior ftrowiileie. There had also been stressed the tragic and melodramatic letter written by Marco to Tiettv. If the suggestion was that his state was desperate, he had lost his job and he perhaps thought (hero was no hope for his filmj project, the jury avos entitled to ask whiat pnrticulnrly would cause Mnrco to take. 'Thelma out of his life with him, if he contemplated suicide. If by evidence of another kind; the jury saw that the man had committed murder, they were not to be held back from finding'' him guilty.