MAREO RETRIAL

Wanganui Chronicle, Volume 79, Issue 142, 17 June 1936, Page 8

MAREO RETRIAL

EVIDENCE CONCLUDED DR. GIESEN QUESTIONED MR. O’LEARY BEGINS ADDRESS. L Per Press Association. J AUCKLAND, Juuv 16. lhe Court was cro»vdeu tiny moruing wneu eviueucc Lor the dclriicv in the Marco retrial was coucludcu witu the completion of tire cross-ex-amination of .Dr. Greseu. “You have contradicted all the evi dunce of the medical lueu. Can you quote any literature to support juui views?” asked Mr. Mereditu. Witness; “1 don't know if 1 can.” Mr. Meredith; “You remember Mrs. Marco’s weight was given by Freda ot.aik as just under eight stone?” Witness; “Yes..” Air. Meredith; “Does it not follow that there must have ueeu many tiiires six grains of veronal in the whole ol her budy at death?” Witness: “Ail we know as tu the amount of v erun al at death is the amount extracted, aud we know taut there must have been more. As to how much mure, nobody can make any estimate. Mr. Meredith; “1 pul it to you that there must have been many times more. ’ ’ Witness: “1 cannot concede that.” Air. Meredith: “is there any other medical man who can support you in your propositions?” Witness: “1 don’t know of any.” Re-examined by Mr. U’Leary, Dr. Giesen said that he had been in ac- , tive practice in Wellington tor 30 years. Other medical men still consulted him. For twelve years Ire was examiner for the University of New. Zealand—for two years on toxicology and medical jurisprudence. After several technical questions had been asked by the foreman of the jury, Dr. Giesen left, the box. The Crown called George Seymour Dennis Shearu, Mount Eden, who in 1928 was a member of the Humphrey Alusical Comedy Company. He said that in Adelaide he was the lenur ol’ the show and Thelma Trott, afterwards Mrs. Aiareo, was th-e soprano. They sang ducts. He saw her every day and nigiit for five weeks and she stayed with his people for three or four weeks. “I’ve no knowledge of her ever inking veronal in that period,” said witness. “She was not dopey, and depressed; on the contrary, brightness was one of the greatest i of her assets. 1 knew her on tour in Australia, Tasmania, and New Zealand for about two and a-half years and never saw any signs of the dopiness which has been referred to. Miss Trott not only did her ordinary show* work, but also acted as Mr. Humphrey Bishop’s secretary.” Cross-examined by Air. O’Leary, witness said that he realised that Airs. Mareo would be an asset to Alar co. Re-examined by Air. Aleredith, witness said that in view of Aliss Trott’s experience with Humphrey Bishop she would be an asset as secretary. Mr. O’Leary’s Address. Counsel for the defence, Air. O’Leary, K.C., addressing Lhe jury, asked them to consider what would be the end of the trial for the man in dock charged with murder, the penalty of which they knew. Would he be free to return to his children and bis friends or would he return to the cell where he had been incarcerated? Veronal was n.ot< a murderer’s weapon, counsel went on. Records showed that deaths from veronal in the case of adults rose in the main from misadventure and suicide. What might kill one person might have little or no effect upon another. A person setting out to murder by veronal could have no idea as to how much to give. The Crown selected the possibility that Mareo had given veronal to Airs. Mareo. He did it, the Crown said, at a time when Air. and Airs. Aiareo were said to be happy and when Freda Stark was present. The defence contended that the most likely alternative was chat Airs. Aiareo, by accident or design, took the veronal herself, it was most likely and most consistent that she had had some innocently on Friday night, that on Saturday she got up ’.fter the manner of persons under the influence of voronal, or even without getting up, and took a store of veronal and that was what killed her. Mr O’Leary dealt next with the relations between Aiareo and Eleanor Brownlee. He spoke of the quarrel which took place after the Dixieland party when Aliss Brownlee brought Mareo home drunk. \ That in itself was an indication that there was nothing improper between them. A man did not not bring home his mistress into the bosom of his family. When he was allegedly murdering this woman Aiareo was drafting a letter to J. C. Williamson Limited asking them to take over •‘The LDuchess of Dantzig,” the play in which his wife had played a leading part. Thelma Aiareo was essential to Aiareo’s future projects and yet the jury was asked to believe that he had murdered her. It might be suggested that Aliss Brownlee was to take Airs. Aiareo’s place, but she was not an actress. “To procure veronal, Aiareo went to chemists who knew him,” said Air. O’Leary. “He told the detectives he was taking veronal and told others he was taking it. Are those the actions of a guilty man? Would he not have got rid of the stuff had he been guilty? All Aiareo’s actions in regard to veronal were frank and were certainly not those of a guilty man. As soon as his wife died he candidly admitted possession of veronal. He never hesitated. He thought that his wife’s condition was due to medicine he had given her and he was not candid about the medicine because lie thought he had committed an offence. 1 ask you to contrast his actions over corrective medicine and his action regarding veronal. On one hand he was candid, truthful and straightforward and on the other he was not.” Crown’s Allegations. Air. Aleredith, in addressing the jury, attacked the defence evidence. “JL am going to put it to you,” said Air. Aleredith, “that t’bat evidence has no bearing, or practically none, on this case. Tire whole case now depends on a careful consideratic-n of the incidents from the Friday night to the Monday afternoon when Thelma Aiareo died. It was surprising that it was necessary to bring people from Australia to prove Airs Mareo’s drinking habits. There should have been plenty* c-f people in New Zealand and in Auckland who

knew her intimately. People who knew her in Australia and performed with h-er there said they knew nothing of these accusations. Dr. Giesen, who was called for the defence, put up a most amazing proposition. He was u man who admittedly had studied the cas« from the outset and had advised the defence. He advised the defence that everyone was wrong but he did not come to the last trial and give evi-d-ence and it was only now that he got into the firing line. Dr. Giesen’s theory was a contradiction of several reputable men who gave their evidence with certainty and who were supported by r textbooks. Surely out of the thousands of medical meu in New Zealand there must have been some who would have come forward in the interests of justice to support Dr. Giesen. Air. Aleredith had not finished when the Court adjourned.