MURDER CHARGE

Dominion, Volume 13, Issue 205, 25 May 1920, Page 8

MURDER CHARGE

PONSONBY POST OFFICE TRAGEDY DENNIS GUNN ON TRIAL FOR HIS LIFE RELIANCE ON FINGER-PRINT EVIDENCE By Toleerapb—Presa Association. Auckland, May 21. Dennis Gunn appeared before Mr. Justice Chapman an-1 a jury of twelve in the Supreme Court this morning to answer tho charge of murder preferred against him in respect of the death by 'shooting, on the night of Saturday, March 13, of Augustus Edward Braithwaite, postmaster at Ponsonby. When tho Registrar called the name "Dennis Gunn," there was a tense stillness and all eyes were fooused on the "pale-faced young .man who stepped to the bar and sail "Not guiltv" in, a firm voice. The Hon. J. A. Tole, K.C., with Mr. J. C. Martin, conducted the prosecution, 'the prisoner being defended by Mr. J. 11. Ree-l, K.C., and Mr. E. J. Prendergast. In opening the case for the Crown Mr. Martin said that he and his fellowcounsel for the Crown were acting, not in a similar capacity to that of counsel for parties in a civil case, but as officers of justice. "We have no desire to convict the prisoner." he said. "Wo are here to prove his guilt if it exists, or his innocence if it exists." Mr. Martin went on to recapitulate the oireifmstances leading up to the arrest of the prisoner. Tho iury, he said, had no reason to doubt tne cause of Mr. Braithwaite's death—two bullet wounds in hia body, one in tho throat and tho other in the abdomen. Tho question now was tho connecting of accused with the burglar)' and murder. Whether this were done would depend upon the value placed by Mho jury on finger-print evidence.

When Mr. Martin proceeded to state that no two finger-prints/ of all tho - people in the world, wore alike, Mr, Eted intervened. "I don't think that my friend should open in that way," he said. "Evidence will have to .be called on that question." _ His Honour: Ho is entitled to open evidence on which ho relies. Mr. E«d: It has been held in Victoria that evidcnco can only bo adduced showing the personal experiences of tho witness. ■ ' His Honour: Evidence may be called to show that the mathematical probability is so great that no two fingerprints can be alike.' Mr. Seed: It haa been held that an individual witness can speak only of his personal experience#. His Honour: I don't know who mario that rule. I shouldn't accept such a ruling. Mr. Eeed: The whole Court of Victoria has ruled so. There is no evidence that no finger-prints are ever wpeated in human beings. His Honouf: There is no necessity to go to that length. The Crown carries the evidence far enough for the purposes of its case.

Mr. Eeed: I propose to object to tho evidence that is called as to the general fact of this finger-print evidence. I submit that only an individual's own experience can be given; Ills Honour: The time will como to object to that when it is asked. A Modified Statement, Mr. Martin: Well, I want to modify what lam 6aying. I will not say that there are not any. two fingerprints identical, but I will ask my learned friend to produce any two finger-prints (hat aro the same. If there '"are exactly similar finger-prints,- the experts have not discovered them. I think, Your Honour and gentlemen, that you will find that , the case really turns on tho value of finger-print evidence. Gunn at one time was in gaol, not for any crime, but for somo offence, under the Military Service Act. While he was in gaol his finger-prints were taken. Later on he was arrested, prints were taken again. So there are two sets of Qunn's finger-prints taken for record purposes. We havo thus two seta of prints to' start on. Now, on tho revolver was found part of a finger-print. I am sorry to say that the exact .fingerprint on the weapon cannot be'shown in court to-day. ' Tire revolver has been handled a good deal since, and it was necessary for experimental purposes that this particular pistol should be fired several times. -The print is, however, still discernible, but not to the 6ame extent as when it was found and photographed. We have a phntograph of the actual finger-print as it existed when thd weapon was found. On the cashbox we found finger-prints of a liumber of persons, prints of different persons being easily distinguishable.

Other Evidence to be Called. Mr. Martin proceeded to say 'that the case did not entirely rely on finger-print' evidence. There was some additional evidence which he did not think he would have been entitled to ask the jury to decide on alone, but, coupled with the finger-prints, he thought it should be given great weight. Coming to the movements of Gunn, conns?! explained that on thfc day of .the crime Gunn was seen standing about in the neighbourhood of tho post office,' and on the other side of the road, but that was not a matter of undue importance in any ordinary way. It was important, however, to know that Gunn was there, because if lve was there ho could not be anywhere else. When the police arrested .him in his own houss, Gunn said, in answer to inquiries as to his movements, that he was at home all the Saturday afternoon.,' He As asked again, and after a littlo hesitation ho cori'E?~V himself and said that, he was with his brother Tom. He said that they went down to Wirth's Circus, and seeing a 'big crowd there did not go in. He went on to explain in detail his movements up to G o'clock, when he said he left his brother in ICaTangahape - Road. He .kid no difficulty in giving a detailed account about hiß movements in the afternoon to a detective. His memory was absolutely clear and distinct. Then tne (letefttive said he was not so much concerned with what Gunn was doing in tho afternoon as botween the hours of 7 antl 9in tho evening. Tho Gunn thought and said he went to the pictures, but it was after the 8 o'clock session. There was no word as to whore he was during tho time from 7• to about . a quarter past 8 o'clock. This was extraordinary in view of the fact that accused was able 'to account for. his every movement during tho earlier part of the day and for the later part of the evening. "He left a gap just at t'ho criticalhour, and picked up his movements again just after the critical stage," remarked Mr. Martin, adding that, taken in conjunction with a?l tho other circumstances, this was important. ' Statements by Witnesses. The first witness was Annie Braithwaite, widow, of tJhe murdered man, who described her movements on March 13 and her discovery of her husband lying on. the kitchen floor when sho returned iliome about 9 p.m. She said that before ringing up a doctor she found that her husband's hip-pocket had been turned out and his keys removed. Ho was in tlie habit of putting 'his keys under nis pillow, and she accordingly searched there, but failed to find them. Sho identified tho keys produced as the ones in question. Her husband was ft quiet man, and as for as she knew lie had no quarrel with anyone. There was no courso whatever for suspecting that he might tako iliis own lifo. Firearms were kept in tho house.

Several witnesses living in the vicinity of the Braithwaites' house testified to hearing revolver shots, followed by ft scream. A woman living next to the Post Office paid she heard a smashing sound from the direction of the post office on the night of the murder. She was ill at the time, and although She attempted to investignte sho collapsed. Tho caso is expected to last for a week.