MURDER TRIAL.

Taranaki Daily News, 25 May 1920, Page 5

MURDER TRIAL.

the ponsonby tragedy. I GUNN ON HIS TRIAL. yALUE OF FINGER PRINTS. By Telegraph.—Press Association, Auckland, Last Night. 1 The young man, Dennis Gunn, appear, ed before Mr. Justice Chapman and a : jury of twelve at the Supreme Court this morning to answer a charge of murIder preferred aaginst him in respect of the death by shooting, on the night of Saturday, March 13, of Augustus Edward Braithwaite, postmaster at the 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 a demand for a 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 considerable restraint, swallowing frequently and displaying other symptoms of nervous strain. After the stating of the case, however, these indications of nervous tension left him, and he followed the opening address of the prosecuting counsel with a calm demeanour, and the appearance of quiet, but concentrated interestNine 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. J. C, Martin, conducted the prosecution, the prisoner being defended by Mr. J. R. Reed, K.C., and Mr, E. J. Prendergast. All witnesses in the case were ordered out of court, except the police officer in charge of the ease, Detective Sergeant Cummings. ISSUE TO THE JURY. In opening the case for the Crown, Mr. Martin said that before dealing with the facts he wished to draw the attention of the jury to two matters- He and his fellow counsel 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. "We are here to prove liis oiiilt 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 hodv, one in the throat, and the other in the abdomen. The question now. continued counsel, was the connecting of the accused with the burglary and the murder. Whether this were done would depend upon the value rclaced by the jury upon what was known as the finger print evMence. When Mr. Martin proceeded to state that no finger prints of nil the people in the world were alike, Mr. Reed intervened: "I don't think that my friend ohoukl open m that way," he said. "Evidence will have to be called on that question" His Honor: He is entitled to open on evidence on which he relics. Mr. Reed: It has been held in Victoria that evidence can only be adduced showing the personal experiences l of a witness. NO FINGER PRINTS ALIKE. His Honor: Evidence may be called to show that the mathematical probability is so great that no two finger prints can he alike. Mr. Reed: It has been held that an individual witness can speak only of his personal experiences. His Honor: I don't know who made that rule. I shouldn't accept such a ruling. Mr. Reed: The whole Court of Victoria has ruled so. There is no evidence that no finger prints arc ever repeated . in human beings. His Honor: 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 the evidence that is called as to the jreneral fact of this finger print evidence, I submit that only an individual's own exnerienee can be given. The Judge: The time will come to obieet to that when it is asked. Mr. Martin: "Well, I want to modify what lam saying. I will not say that there are not any two finger prints identical, but I will ask my learned friend to produce any two finger prints that are the same, As far as exnei'ts know, if there are exactly similar finger prints they have not discovered them. I think, your Honor and gentlemen, that you will find that the case really turns on the value of the finger print evidence. Gunn at one time was in goal, not for anv crime, but for some offence under the Military Service Act. While he was in goal his finger prints were taken. Later on, when he was arrested, the prints were taken again, so there are two sets of Gunn's finger prints taken for record purposes. TWO SETS OF PRINTS. "We have thus two sets of prints to start on. Now, on the revolver was found part of a finger print. lam sorry to say that the exact finger print on the weapon cannot be shown ill the Court to-day. The 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 same extent as when it was found and photographed. We have a photograph of the actual finger print as it existed when the weapon was found. On the casli box we found finger prints of persons, tho prints of different persons being easily distinguishable." Mr. Martin proceeded to say that the case did not entirely rely on the 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. counsel explained that on the day of the crime Gunn was seen standing about in the neighbourhood of the Post Office, and on the other side of the road, but that was not a matter of undue importance in an ordinary way, as the locality was a natural one for people to put in time standing about. But it was important to know that Gunn was there, because if he was there he could not be anywhere else. THE CRITICAL HOUR. When the police arrested him in his awn heme Gunn a*id. ia_ answer to in-

quiries as to his movements.'that he was at home all Saturday afternoon. He union ne 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 go in, and he went on to explain in detail his movements up to 0 o'clock, when he said he left his brother In I\arangahape Road. He had no difficulty in giving a detailed account about his movements in the afternoon to a detective. His memory was absolutely clear and distinct. Then the detective said he was ndt so much concerned with what Gunn was doing in the afternoon as between the hours of 7 and 0 in the evening. Then Gunn thought, and said he went to the pictures, but. it was after the S o'clock session. There was no word where he was during the time from 7 to about a quarter past eight o'clock. This was extraordinary in view of the fact that the 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 stons and leaves a sap 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 cirpumstances, this was important. THE WIDOW'S EVIDENCE. Tho first witness was Annie Braithwaite, the 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 a doctor she found tiiat her husband's hip pocret 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 tho ones in question. Her husbana was a quiet man, and, as far as she knew, he had no quarrel with anyone. There was no cause whatever for a suspicion that he might take his otfn 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.