THE PONSONBY MURDER

New Zealand Times, Volume XLVI, Issue 10612, 10 June 1920, Page 2

THE PONSONBY MURDER

THE SENTENCE OH GUNN PETITION FOR REMISSION OF DEATH PENALTY. REFERENCE TO FINGER-PRINT EVIDENCE. Information has been received.that a petition is being forwarded to HE Excellency the Governor praying that the death sentence passed upon Dennis Gunn for the murder of air Braitjiwaite, postmaster at Ponsonby (Auckland) bo commuted to one of imprisonment for life. . This petition is made on the 10l lowing grounds;—.

‘‘Thai! -the jury -who convicted Donuts Gunn of- the crime of. murder cunvic.ed him on evidence which they were unable to verity. “T'iiao cac emio set before tho jury lay between two interested parties, namely tho ■ prosecution on the one a&nd, and ciic aerenoUiut, Beams Emin, on the other. “That the issue was narrowed down to two statements* namely, a sgatctuuni by tho prosecptjpn that cerium linger prints were tbe mipruits of DonniF Gunn’s fingers; and a statement Ij.v Dennis Gunn in absolute denial thereof.

‘‘This meeting is of flu- opinion that before any supposed incriimniiUnt!; evidence that is of a highly-toeiuncai nature oau be hold to be ooulusive, especially ivJioro the death penality is involved. suck evidence should bo referred to disinterested exiiert opinion

“In this case no suoh expert opinion was. or is, available for rebuttal or for confirmation, as the cast* might be. The only possible reference to export tr.y ion was to one of the interested parties, namely, the prosecution. “let,. nUiiwithstandma this, tho jury returned a verdict of ‘guilty’ on evidence which they themselves did. not understand, and as regards whoso accuracy they were entirely at the mercy of the prosecution.

“That their adjudging Dennis Gunn guilty on such evidence wnsi opposed to tho principles of justice and fair play on which British law is bated, and that the passing and carrying out of tho death sentence on such circumstantial and esoteric evidence is and would be wholly unsatisfactory. “That the whole caso for the prosecution depended upon the finger-print evidence as there is not due jot or tittle of’supporting evidence that could bo accepted as connecting Dennis Gunn with tho murder of which hcl has been convicted. '

“That, as pointed out by Dennis Gunn’s counsel, there is not unanimity of opinion among learned judges regarding the reliability of finger-print evidence. '

“That the acceptance of finger-print evidence as prinia. facie evidence, where if is’ n«t supported’ bv~ other"and fanj gible evidence, is highly inimical to the interests of tho general community, since it- places an arbitrary and almost unlimited power in the hands of one body of public servants; and that it is neither just nor wise to invest any body of men with power of such scope and of such possibilities. “That the points.enumerated in this resolution embody the opinion of a considerable body of. the public, as is evidenced by the huge and representative meeting unanimously approving thereof.

‘Therefore.. in the hope that events will ultimately prove Dennis Gunn s innocence, tin's mooting prays His Excellency the Governor to commute the irreparable death penalty to a term of imprisonment.”' V It has been -decided to send a copy of the above resolution to the Goveruor- ■ General, and one to the- Minister for Justice, and a committee has boon formed to circulate a - petition asking for a remission of tho death penalty.