PONSONBY MURDER

Hokitika Guardian, 25 May 1920, Page 1

PONSONBY MURDER

TRIAL OF DENIS GUNN. (Per Press Association.) PONSONBY MURDER TRIAL. 1 AUCKLAND, May 24. Tl'o trial of Dennis Gitnh for the murder on .March I,3th of Augustus Edward .Braith Waite, postmaster at Ponsonhy, began in the Supreme Court to-day before Justice Chapmato, Mr C. Martin appeared with M r Tole for the. Crown and 'Messrs Reed and Prendegast for the dofeiice. -Mi -Martin reviewed tire circumstance of the crime and stated the question hf e'dii hoc-ting accused with it would depend on the value the Jury placed on finger print evidence. When Mr Martin proceeded to state that no finger prints of all people in the world were alike, Mr Reed intervened stating that ovidence would have to be called on that question. It had been liekl in Victoria that evidence can only he adduced showing the personal experiences of witnesses. Justice Chapman: Evidence may he called to show that a mathematical probability is so great that no two finger prints can ho alike. Mr Reed: It has been held that an individual witness can ’speak only on personal experiences. Justice Chapman: His evidence may cover the whole range of his observations. Mr Reed: But he cannot say that the odds are so many millions to one. Justice Chapman: I don’t know who made that rule. I shouldn’t accept it. Mr Reed: The whole Court of Victoria ruled so. Justice Chapman: A witness may speak of the whole range of his knowledge. He may depose to scientific facts from the sources of his education. Mr Reed: I propose to submit, if general evidence is called, that a wit-' ness can speak only of personal experience. Mr Martin stated that since the pr oceedings of the Lower Court, the Inspector of Finger Prints of New South Wales had been supplied with the finger prints taken from one of the exhibits, and with the finger print record cards of 100 persons, making 1000 in all. He definitely identified the print with one of those on record. Mr Reed said he proposed to object to this evidence. As to the general facts of finger print evidence, he submitted that only an individual’s own experience could be given. . Mi- Martin said that if there were any two finger prints exactly similar, they had not been discovered. They had two sets of Gunn’s finger prints, taken prior to the murder, on the revolver was part of a finger print. It was necessary for experimental purposes that this revolver should be fired several times. The finger print was still discernible, though not to the extent it had been when the weapon was found and photographed. They had however, a photograph of the finger print as it existed on the weapon when it was found. On the cash box they found the finger prints of quite a number of persons, the prints of eaeh being distinguishable. Several witnesses living in the vicinity of Braithwaite’s house testified to hearing wliat are now known to have been revolver shots, followed by a scream. A woman living next to the Rost Office said 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 investigate, she collapsed. The case is expected to last a week.