PONSONBY MURDER

Southland Times, Issue 18830, 25 May 1920, Page 6

PONSONBY MURDER

TRIAL OF DENNIS GUNN

VALUE OF FINGER PRINT EVIDENCE.

(Per United Press Associ&tion.)

AUCKLAND. May 24. The young man Dennis Gunn appeared before Mr Justice Chapman and a jury of twelve at the Supreme Court this morning to answer a charge of murder preferred ngainst him in respect of the death by ehooting on the night of Saturday, March 13, of Augustus Edward Braithwnite, postmaster at Ponsonby post office. When the registrar called the name “’Dennis Gunn” there was a tense stillness, and all eyes were focussed on the pale-faced young man who stepped to the bar and said "Not guilty,” in a firm voice in answer to the demand for his plea to the charge of murder. When the Crown Prosecutor rose to open the case for the Crown, Gunn appeared to be holding himself under great restraint, sallowing frequently and displaying other symptoms of nervous strain. After the starting of the case, however, these indications of nervous tension left him, and he followed the opening address of prosecuting counsel with a calm demeanour and an appearance of quiet but concentrated interest.

Nine of the jurymen called to determine the case were challenged, though only two or three of the nine were rejected on behalf of the defence.

The Hon. J. A. Tole, K.C., with Mr .T. C. Martin, conducted the prosecution, prisoner being defended by Mr J. R. Reed, K.C., ana Mr E. J. Prcndergast. Ail the witnesses tn the case were ordered out of court, except the police officer in charge of the case, De-toctive-Sergeant Cumminga.

In opening the ease for the Crown, Mr Martin said that before dealing with the facts he wished, to draw the attention of me jury to two matters. He and his fellow counsel tor the Crown were acting not in a similar canned:,’ to that of counsel for parties in a civil care, but an officers of justice. “We have no desire to convict the prisoner,” he said. "We arc here to prove his guilt if it exists or his innocence if it exists.” - Mr Martin went on to recapitulate the circumstances leading up to the arrest of the prisoner. The jury, he said, had no reason to doubt the cause of Mr Braithwaite’s death —two bullet wounds in his body, one in the throat and the other in the abdomen. The question now, continued counsel, was the connecting of accused with the burglary and, murder. Whether this, were done would depend upon the value placed by the jury upon what was known as fingerprints evidence.

When Mr Martin proceeded to state that no two fingerprints of all the people in the world could be alike, Mr Reed intervened. “I don’t think that my friend should open in that way.” He said “Evidence will have to he called on that question.” ills Honour: lie is entitled to open the

‘•.•’den' l ’ on v.hirlj he relies. Mr Reed: It has been held in Victoria that evidence can only be adduced showing the personal experiences of a witness-

His Honour; Evidence may be called to ■ how that the mathematical probability is so great that no two finger prints can be alike. Mr Reed: It has been held that an individual witness can speak only of his rer■on:d experiences. His Honour: I don’t know who made hat rule. I should not accent such a ruling. Mr Reed; The whole Court of Victoria has ruled so. There is no evidence that no fingerprints are ever repeated in human beings. IIis; Honour; There is no necessity to go to that length. The Crown carries the evidence far enough for the purposes of its case. Mr Reed; I propose to object to evidence that is called aa to the general fact ■>f this finger print evidence. I submit that only the individual’s own experience can be given. The Judge: The time will come to obiect fo that when it i". asked. Mr Martin; Well, I want to modify what I am saying. T will not say that there are not any two finger prints identical, bur I will ask my learned friend to produce any two finger prints that are the same. As far :-s the experts know if there are exactly v;it!i lar fingerprints they have not discovered them. I think your Honour and gentlemen that you will find that the case really turns on the value of finger print evidence. Gunn a! one time was in gaol, not for any crime ’ u.t for some off?nee under the Military Service Act. While he was in gaol his finger prints were taken. Later on, when ha was arrestH, prims were taken again, ro there are two sets of Gunn’s finger prims taken for record purports. We have thus two sets of prints to start on. Now, on the revolver was found part of a finger print. I am sorry to say that the exact finger print on the weapon cannot ’be shown in Court to-day. The revolver has been handled a good deal since, and it was necessary for ■'xporimontal purposes that this particular pistol should he fired several times. The -mint is, however, still discernible, but not to the same extent as when it war- fount! md photographed. We hr.ve a photograph of the actual finger print ns it existed wh.cn the weapon was found. On the cash box we found finger prints of persons, the prints of different perrons being easily distinguishable. Mr Martin proceeded to say that (he ceso dir! not entirely rely on finger print evidence. There was «omc additional evidence which hr did not think he would have been entitled to ask the jar,- to decide on alone, but coupled with the finger prints he thought it. should he given great weight. Coming to the movements of Gunn, counsel explained that on the day of the crime Gunn was seen standing about in the neighbourhood ■ f the post office and on the other side of the road, hut that was not a matter of undue importance in an ordinary way, as die locality was a natural one for people to put in time standing about, hut it was important to know :hnt Gunn was there, liecause if .he was there lie could not be any-

where else. When the police arrested him in his oven house Gunn said in answer .to inquiries as to his movements that he was at home all Saturday afternoon. He was asked again, and after a little hesitation he corrected 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 po in, and he went on to explain in detail his movements up to 0 o’clock, when he said he left his brother in Karangahape Road. He had no difficulty in giving a tie*ailed account about his movements in the afternoon to the detective. His memory was absolutely clear and distinct. Then the detective said he was not so much concerned with what Gunn was doing in the afternoon as between (he hours of 7 and 9 in the evening. Then Gunn thought, and said he went to the pictures, but. it was after the R o’clock session. There was no word where he was during the time from 7 to about a quarter past S o’clock. This was extraordinary in view of the fact that accused was able to account for his every movement during the earlier part of the day and for the later part of the evening. “He stops and loaves a gap just at the critical hour, and picks up his movements again just after the critical stage,” remarked Mr Martin, adding that, taken in conjunction with all the other circumstances, this was important.

The first witness was Annie Braithwaite, widow of the murdered man, who described her movements on March 13 and her discovery of her husband lying on the kitchen floor when she returned home about 9 p.m. She said that before ringing up the doctor she found that her husband’s hip pocket had been turned out and his keys removed. He was in the habit of putting his keys under his pillow, and she accordingly searched there but failed to find them. She identified the keys produced as the ones in question. Her husband was a quiet man, and as far as she knew he had no quarrel with anyone. There was no cause whatever for suspecting that he might take his own life. Firearms were kept in the house. Several witnesses living in the vicinity of Braithwaite’s house testified to hearing what are now known to have been revolver shots, followed by a scream.

A woman living next to the Post Office 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.