MURDER CHARGE

Waikato Times, Volume 128, Issue 21361, 4 March 1941, Page 6

MURDER CHARGE

WOMAN ON BEACH LABOURER IN COURT EVIDENCE REGARDING LIQUOR (By Telegraph.—Press Association) WELLINGTON, Tuesday The hearing of the charge against Leonard Neiling, aged 29 years, a labourer and brushmaker, of murdering Mrs Marjory Livingstone Horton at Wellington on or about January 8 was commenced in the Magistrate’s Court to-day. It is expected to continue to-morrow as a large number of witnesses for the Crown will be called. The body of the court was crowded. Mrs Horton was found unconscious on the foreshore of Oriental Bay on the morning of January 9 and died in the Wellington Hospital on January 12. Neiling was arrested in Auckland on January 23 on a charge of failing to comply with the terms of his release on probation from the Paparua prison and charged with the murder when he appeared before the court in Wellington on January 23. Mr J. L. Stout, S.M., is on the bench. Messrs C. H. Weston, K.C., and W. R. Birks are appearing for the Crown and Messrs W. E. Leicester and T. P. McCarthy are representing accused. Mr Leicester was granted an order for the exclusion from the court of all witnesses. Husband in Box Mervyn Wilmot Horton, after giving evidence of his wife’s failure to return, home said that she was not in good health as she was very much worried about a son, who was on active service with the Royal Air Force. His wife and himself were very fond of each other and theirs was a very happy household. Mr Weston: Is it a fact that your wife had a failing in intemperance? Witness: Unfortunately, yes. Mr Weston: Would it be right to say that in the later part of her life it had taken a large measure of control over her? Witness: Yes. Mr Weston: And that it caused her to go to a considerable length to obtain liquor? Witness: Unfortunately, yes. Replying to further questions witness said that everything that possibly could be done had been done to prevent her utilising money on drink. Mr Weston: Was it a fact that despite your precautions she did obtain drink? Craving for Drink Witness: I believe so. Mr Weston: May we take it that her craving for drink was such that she would have recourse to practices you yourself would condemn in order to obtain drink? Witness: My answer to that is, yes. Mr Weston: Have you at any time had any suspicion that your wife had been guilty of immorality? Witness: I would never believe that anything of that kind would ever possibly happen. A daughter, Miss Mervyn Wilmot Horton in the evidence said that her mother left the house between 10 and 10.30 to visit Mr and Mrs Welby, of Lower. Hutt. She was in her usual health and did not carry any liquor from the house. Mrs Hazel Welby, in evidence, said she had known Mrs Horton for about 22 months. They were on very friendly terms and often exchanged visits. On January 8 Mrs Horton arrived at about noon. She was alone and had three bottles of draught beer with her. Shortly afterwards another woman visited the house and they lunched together. Consumption of Beer During the afternoon all had some beer, having about a bottle and ahalf between the three of them. They visited the other woman’s house for about an hour that afternoon and then returned and had dinner together, with their husbands. They had a glass of beer with their dinner and afterwards sat around and talked. Mrs Horton left about 10.20 p.m. to get the 10.30 bus to Wellington. The bus stop was a good five minutes walk away. She had in her bag potatoes, lettuce and mint. During the whole afternoon Mrs Horton had four or five glasses of beer and one at dinner. When she left she showed no signs of intoxication. After she left their other guests, Mr and Mrs Hardcastle, remained until a little after 11 p.m. In cross-examination by Mr McCarthy witness said it was rather unusual for Mrs Horton to bring liquor with her. She thought it was not the first time she had done it. Mrs Hardcastle brought no liquor. Movements of Accused Frank Welby, husband of the previous witness, said that when Mrs Horton left at 10.20 she appeared to him to be slightly under the effect of liquor. To the magistrate witness said that Mrs Horton’s condition was such that when she left it was quite safe for her to catch the bus by her- i self. Alan Arthur Hardcastle, journal- J ist’, gave the opinion that Mrs Hor- ! ton showed no signs of having had liquor when she left. Mrs Lesa Collins, of Petone, said that on January 8 accused was brought to her home by his father who asked if she would put him up for a couple of days. She gave him accommodation. She smelt drink when accused and his father were i there, but did not know which one had had the drink. That was at j about 8 p.m. She did not see accused again that night. Next morning, about 11 o’clock, he came to the house for a wash. She noticed no signs of drink. About 2 p.m.. he said he would not be in for tea. He returned again about 7 p.m. Did Not Return That afternoon he asked whether he could have breakfast early as he was going to work on Friday morning and was going to catch a bus at the station. He had breakfast next morning. January 10, at about 6.40 and witness cut lunch, which he took

with him. As he left he said ‘ I'll see you tonight.’ She did not see him after that morning. To Mr McCarthy, witness said the room was a bach behind the house. On the Wednesday night, between 11.10 and 11.20 she heard somebody coughing. The sound came from the bacfi. There was no one living there except accused. On the Thursday night she heard talking. To Mr Weston witness said she was certain the cough came from the bach and not from the street. Charles John McParland, licensee of the Tramway Hotel, in Adelaide Road, said that on January 8, about 5.30 p.m., Neiling and his two sons came to see him. Accused was one of them. The brother was in uniform. Neiling senior asked if witness could put his son up for a week and witness said he could and allotted him a room. Room in Hotel At 6 p.m. the three Neilings went upstairs to the room and at 7 p.m. he was approached by the brother in uniform for a loan of £2. Witness had no transactions of that kind with a caused. The Neilings had two bottles of beer with them. The bed was not slept in that night, or any other night. The Neilings left the house at about 8 p.m. He last saw the accused at 6 p.m. He came to the conclusion that the accused had had several drinks but was not under the influence of alcohol. The room was not paid for. Clifton Ernest Edmonds, a taxi proprietor, said he saw the Neiling brothers and a girl. Miss Rongi•vhetu, walk to the bus stop between 10.30 and 11.0 on the night of January S at the Lower Hutt terminus. (Proceeding)