MABEO TRIAL

Waikato Times, Volume 119, Issue 19909, 11 June 1936, Page 8

MABEO TRIAL

I CROWN CASE CLOSED. l ' ._.... DE‘I'IOTIVI HAMILTON'S EVIDENCE. "AXYTHING IN THIS TO HANG ME?" (By Telegraph—Press Association.) AUCKLAND. Thursday. rl‘he taking of evidence for the prose—lcution closed this morning in the Su—ipreme Court. on the re—trial of Eric Mares, musician, on a charge of murd—lering his wife, Thelma Clarice .\lareo. on April 15, 1935, by poisoning her with veronal. Mr V. R. Meredith, with Mr F. McCarthy, is conducting the case for the Crown and Messrs H. F. ()‘Leary, K 43... T. Henry and K. C. Aekins are defend—ing the accused. ’ Detective Hamilton corroborated Constable .\leikleiohn's account or the interview with .\lareo on the night of Ihis wife's death. Accused said: "I‘ve ihad a double Whisky and have got a bottle of brandy in the car to make me sleep to-night. I feel like doing my—self in." \Vhen reading his statement over, accused said: “Do you think there is anything in this to hang me ‘2" Corss-examined, by Mr Aelcins, wit—ness said that while giving his first ‘staiement accused said quite often in an atYectionate way, “poor darling" land “poor dear." i To His Honour, witness said Marco iwas perfectly sober at. the time he ‘gave the iirst statement, although he ‘said he had 'just had a double whisky. 1 “Under the circumstances l ex—pected to see him much more excited than he was,” witness added. Replying to Mr Meredith, witness said Marco showed excitability when he was asked if he had given his wife veronal. The last witness for the Crown, Detective J. B. McLean, gave corrobora—tive evidence. He added that when accused was reading his first statement 'he said: ”Reading this thing through. I would Just as quickly so out and hang Iby my own hand.” After Mr Henry‘s cross-examination of this witness, Mr Meredith announced that the prosecution was completed. Replying to His Honour, Mr O‘Leary said he intended to call witnesses for the delence. Gnu for Defence Opens. Opening the case for the defence, .\lr O‘Leary asked the jury not to he in—fluenced by the fact that the Court of Appeal did not grant a new 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 that Mrs Mareo died or veronal poisoning," said Mr O’Leery. “The question is how did the veronal get into her body. Did she take it herself? Did .\lareo give it to her? Did Freda Stark give it to her or did Graham .\lareo give it to her? From these four alternatives the Crown selects one-that Eric Mareo was responsible for his wife's death." Mareo in all his statements had de—nied giving \‘eronal to his wife. The most likely of the four alternatives was that Mrs Mareo took it herself. either by accident or desire, either by misadventure or with the intention of bringing about her death. The de—fence suggested she had a medicinal dose on Friday and certainly a dose on Saturday morning, and that. on Saturday night, she got, up, or perhaps did not get up, that she took a close, all that. was available. The defence contended it was not necesary for her to have a dose on Saturday night, and they would call Dr. Pagett, who would tell of a case in Taranaki where the sufferer had taken vercnal, went into coma, and later roused to lapse subsequently again and die, without having any, more \'eronal, much to the surprise‘ 0! medical men interested in the case. I Addicted to Veronal. 9 Mr O‘Leary said the defence would! call Alexander \Vhitington. accountantl of Adelaide, who knew Mrs .\lareo.'i then Thelma. Troit, as a member of a variety company visiting Adelaide in, April, 1929, and would say that on‘ at. least 12 occasions he saw her take? veronal tablets. He remonstrated withi her but she said she took them to in-‘ duce sleep. In October, 1931, he saw her, andl again saw her taking \'ercnal. He saw an account or the opening of the Marco trial in the Adelaide papers in‘ February last and consulted a harris—l ter and later communicated with him] and Mr O'Leary. ‘ Counsel said there .werc also some people named Riano con-l nectenl with the Ernest Rolls‘ Revue Company. .\lrs Riano telt‘ impelled to come forward to testifyl that. Thelma ’l‘rott tool; sleeping drugs. 1 Other witneSSes would be Mr Bcaitic,‘ a schoolmaster ncar .\larton, who‘ would tell of his experiences when he} had been prescribed veronal, and also: 311- and Mrs .\lcissncr. oi‘ iiuwiock .\‘orth. who would describe Mrs .\ir-iss« ‘ ner's experience when prescribed har—bitone. Mr O’Leary attacked the medi—cal evidence and said he would call a‘ \Vellington doctor to refute the (wt-t dence that. Mrs .\larco must have had' a dose on Saturday night. Mr O‘Leary had concluded his opening address by the luncheon adjournment.

i YESTERDAY’S EVIDENCEContlnuing his evidence after we went to press yesterday, Detec—tive Meiklejohn said on April 2!: he went to Miss Brownlee's room in \Vynyard Street and finding .\lareo there asked him the name of the ‘chemist from whom he bought the veronal. He was reluctant to give the name, and witness told him he would have to drag his name up in every Chemist‘s shop in Auckland. Eventually Mareo said it was at a rhem—ist‘s shop on the right as you went toward thf‘ Town Halli \\'itncss hml already found one shop at \\'hivh .\lzn‘on had purchased \'ernnni. Hc \‘isitmi altogether 10! t'hmnrsi‘s' shops in the city and suburbs in the course uf his inquiries. \\'itnPss (iesz‘i‘ihod \‘ai‘inus interviews he had with .\iareo and read thl' staiomr‘nis nxmir‘ by him. On one occasion \\'hiln \\ilnvss \\‘ns interviewing .\tm'm'u at his room at \Valsel'loo Qumh‘unt Min-on hz-nnimt him three letters which 110 said would move accusations he hmi murlo against his wife. lin said ht- hml fnnml thmn among his \\'ifo's Pffr‘r‘ts. 'l‘\\'n worn in ink and um) in pr‘nx'il‘ \\‘iiness said they \\m's‘ mm mm, cult. to read. qspecially the onws in

ink. He would not attempt to readl them correctly, and they really required to he read from a translation. Both counsel agreed that they did not. want the letters read. On September 2 Detective Hamilton and witness went to Miss Browniee's room. he said. and finding Mareo there showed him a warrani for his arrest on a charge of murder. Mama said, “Really? This Is ridiculous. On what evidence?" .\iareo was warned in tho usual way about, not saying anything and was iaiion to the police station. No Hesllatlon. Cross—examined by Mr O'Leary. witness said that between April 15 and June 1H he had obtained three inn}: and two short statements and an unsigned set of qur‘siionfl and answers from Manny There did not appear to ho any hesitation on .\lareo‘s part to give a siniv‘menl whenever he was nslu‘d, :\i no time prior in his arrest was he \\arnml ihal whatever he said might iu- used in evidence against him. Mr O‘lieai'y: night from the start thorn \\'ilH no denial by Marco of his liming had \'m‘nnal'F—Xn. Iln rIM flil‘ :1 Hill“ refuse in lwip you in tracing ihu uhcnuisis'?——-'i‘hai Is correct.