DEFENCE OPENS

Timaru Herald, Volume CXLI, Issue 20442, 12 June 1936, Page 10

DEFENCE OPENS

RETRIAL OF MAREO NEW EVIDENCE TENDERED By Telegraph—Press Association AUCKLAND, June 11. The last evidence for the pre: motion in the Mareo trial was heard this morning. Detective Hamilton corroborated Detective Mieklejohn’s account of the interview with Mareo on the night of his wife’s death. Accused said: “I’ve had a double whisky, and have got a bottle of brandy in the car to make me sleep to-night. I feel like doing myself in.” When reading his statement over, the accused sa' l: “Do you think anything in this will hang me?” Cross-examined by Mr /..skins, Dej tective Hamilton said while giving his first statement the accused s:.id auite often in an affectionate way, “Poor darling,’’ “Poor darling.” To his Honour witness said Mareo was perfectly sober at the time he gave the first statement, although he said he had just had a double whisky. “Under the circumstances I expected to see him much more excited than he was,” witness added. Replying to Mr Meredith, Detective Hamilton said Mareo showed excitability when he was asked if he had given his wife veronal. The last witness for the Crown was Detective J. B. McLean, wl..< gave corroborative evidence. He added that when accused was reading the "rst statement he said: “Reading this thing through, I would just as quickly go out and hang by my own hand.” After Mr Henry’s cross-examination, Mr Meredith announced th t the prosecution had been completed. Replying to his Honour, Mr O’Leary said he intended to call witnesses for the defence. Counsel for Defence. Opening the case for the defence, Mr O’Leary asked the jury not to be influenced by the fact that the Court of Appeal did not grant a :.ew trial. There was no new evidence before the Court of Appeal, but the Executive Council had before it new evidence—which the jury would hear—and granted a new trial. “There is no doubt Mrs Mareo died of veronal poisoning,” said Mr O’Leary. “The question is how dki veror.nl get into her body? Did she take it herself? Did Mareo give it to 1.:.-? Did Thelma Stark give it to her? Did Graham Mareo give it to her? From these four alternatives the Crown selects one—that Eric Mareo was respo-. —ie for his wife’s death.” Mareo in al. h’.: statements had denied giving o ial to his wife. The most likely of the four alternatives was that Irs Mareo took it herself, either by accident or desire —either by misadventure nr wl intention of bringing about her cl. a th. The defence suggested tha v she had a medicinal dose on Friday, cert. ’ ily a dose on Saturday morning, and that on Saturday night she got up, or perhaps did not get up and tl_~t she took a dose, all that was available. The defence contended that it was not necessary for her to have a dose on

Saturday night, and they wouk sail Dr. Pagett, who would tc of a case in Tarr, laki whe ? a sufferei ' ’ taken veronal, went into a coma, and was later roused, to lapse subse uently again and die without having any more veronal, much to the surprise of i dical men interested in the case. Mr O’Leary said the defence would call Alexander Whitington, accountant, Adelaide, who knew Mrs Mareo, then Thelma Trott, as a member of a

variety company visiting Adelaide in April, 1929, and would say on at least 12 occasions saw her take veronal tablets. He remonstrated with her but she said she took them to induce sleep. In October. 1931, he saw her in Melbourne, and again saw her taking veronal. He saw an account of the opening of the Mareo trial in Adelaide papers in February last. He consulted a barrister and later communicated with him (Mr O’Leary). There were also some people named Riano connected with the Ernest Rolls Revue Company. Mrs Riano felt impelled to come forward and testify that Thelma Trott took sleeping drugs. Other witnesses would be Mr Beattie, a schoolmaster near Marton, who would tell of his experiences when he had been prescribed veronal, also Mr and Mrs Meissner, of Havelock North, who would describe Mrs Meissner’s experience when prescribed barbitone. Mr O’Leary attacked the medical evidence and said he would call a Wellington doctor to refute the evidence that Mrs Mareo must have had a dose on Saturday night.

A Witness From Adelaide The first witness for the defence, Alexander Peter Whitington. accountant, living at Adelaide, said he had never seen Mareo before. He became acquainted with a young woman named Thelma Trott towards the end of 1928. She was appearing in a musical comedy at an Adelaide Theatre for some months. He became friendly with her and on occasions accompanied her to her hotel room in Adelaide. About the first occasion on which he had supper with her at her hotel room he saw her taking white pills from a bottle with veronal on the label. Witness remarked as near as he could remember “What are you taking those things for?” She had replied “I find it hard to sleep.” Witness said he thought she was very foolish and should go to see a doctor. He could not say how many tablets she took. She placed a tablet or tablets in her mouth and took a drink of milk. He saw her taking tablets on at least a dozen occasions altogether. He thought he saw her take alcohol only once. Thelma Trott was very depressed and worried over those months, continued witness. He saw her again on occasions, but saw no tablet taking until he met her again towards the end of

1931, when witness spent a five weeks holiday in Melbourne. There Miss Trott was rehearsing for tile Ernest Rolls production. Again she seemed to be depressed and worried. “The world always seemed to her to be a sort of conspiracy pf oppression,” said witness. He saw her taking veronal tablets—two he thought—one night in milk. He saw her do this more than once. He told her again she was foolish, but her reply was that she was only taking them medicinally. “I saw her on mornings after nights when I knew she had taken veronal,” said witness. “She always had a glassy I appearance about the eyes. It was I most marked and she had a ‘dopey’ appearance.” Witness said he saw those appearances oftener between June, 1932, and early in 1933, when he was working in Melbourne. He never saw Miss Trott again after she left. Cross-Examination Answering Mr Meredith, witness said he did not know that with two tablets of veronal one fell asleep in half an hour and stayed asleep for six to eight hours. Mr Meredith: If I told you that the operation of 10 grains of veronal would mean the possibility of sleep within half an hour would you expect a sensible girl to take these 10 grains before going out to supper at a place other than where she lives?—No. You have spoken of her being depressed. It follows that she was not a cheerful companion?—Yes. Why then did you seek so much of her society?—l was interested in her case, and I rather admired her in lots of ways. Were you married at the time Yes. Was Mrs Whitington Interested in this case?—No. Did you interest her in this case?— No. I was separated from my wife at the time. Drink and Drug's Jane Riano Nell, an actress, of Melbourne, who said her stage name was Jane Riano, said she was a member of the Ernest Roils Company with Thelma Trott. Just before the New Zealand tour witness said Rolls was reducing the size of the company on the ground of expense and he spoke of dismissing Miss Trott who threatened to do away with herself if she were not taken. She was included in the company and visited New Zealand. On the vessel during the voyage there was a party at which Miss Trott became intoxicated. On one occasion when witness visited Miss Trott’s cabin she saw a bottle of barbitone there. Witness then described occasions during the company’s stay in Auckland when Miss Trott was under the influence of liquor. She was described as a periodical drinker, not a steady drinker. The hearing was adjourned.