CASE FOR THE CROWN

Southland Times, Issue 24433, 13 May 1941, Page 6

CASE FOR THE CROWN

Labourer Charged With Murder

(P.A.) WELLINGTON, May 12. The trial of Leonard Neiling, aged 29, on a charge of murdering Mrs Marjory Livingstone Horton at Wellington on or about January 9, 1941, opened before the Chief Justice, Sir Michael Myers, today. Mr C. H. Weston, K.C., and Mr W. R. Birks, 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. Mr Weston opened the case for the Crown, outlining the events as described in the Lower Court hearing. CROWN’S ALLEGATIONS Mr 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 a hotel and how the pair had gone to Oriental Bay. A 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 w’ith her jaw broken. A man’s bloodstained handkerchief had been found embedded in the sand. It would seem, said Mr Weston, 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, then throttled her. Neiling had been accosted by the police at Auckland on January 23 and the police had taken possession of the 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 long-standing 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 serving in the Royal Air Force. OTHER EVIDENCE The depositions of Mi - and Mrs Welby given in the Lower Court were put in and read to the jury. Evidence was given this afternoon by Mrs Lesa Collins, of Petone, who was asked on January 8 to give the accused accommodation for a few days. She said she put him in a bach alone. Under cross-examination 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 his clothes.

Evidence on the lines of that given in the Magistrate’s Court was given by .the driver of, and passengers in, the bus in 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 Leonard Neiling and Mrs Horton came on to Wellington. The 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 a 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 tomorrow.