DEATH SENTENCE..

Taranaki Daily News, 29 May 1920, Page 5

DEATH SENTENCE..

CUNN FOUND CUILTY.

PONSONBY MURDER TRIAL,

VALUE OF FINGER PRINT SYSTEM. By Teleerapli.—Press Association. Auckland, Last Night. The trial of Dennis Gunn for the Ponsonby murder concluded Jo-night, when the jury brought in a verdict of guilty. Addressing the prisoner, Judge Chapman said he had been found guilty after a.long trial, in which the jury had shown the greatest care to see he should only be convicted on the most absolute and convicting evidence. That evidence, in his Honor's mind, was absolutely conclusive that the accused murdered a worthy servant of the State, Mr. Braithwaite-

The Judge then assumed the black cap and passed the death sentence. In further remarks, His Honor said the case had vindicated the finger prints system of investigation and identification, if vindication were needed. END OF THE CASE. VALUE OF FINGER PRINTS. QUESTIONED BY THE DEFENCE. * Auckland, Last Night. The trial of Dennis Gunn on a charge of murdering A. E. Braithwaite, postmaster at Ponsonby, on March 13, was continued this morning. One witness stated that he had seen the accused outside the Princess Theatre at 8 o'clock on the night of the murder.

After further evidence, Mr. J. R. Reed, K.C., addressed the jury on behalf of the accused. He quoted from the opinion of the Chief Justice of Victoria in IMI2 to the effect that the theory of Anger print? was not generally accepted by scientific men, and had not been sufficiently studied to enable its propositions to be accepted as scientific facts. Counsel drew special attention to a remark by the authority quoted that finger print evidence savored of mystery. In the present case this had been noticeable, he said, experts repeatedly saying that a certain similarity in prints would not be appreciated by laymen. The Chid Justice's opinion, he remarked, was overruled by a majority of the Court, which held that finger print evidence might be accepted, taking finger prints aR a whole.

Mr. Reed continued that the most that could be said of them was that they perhaps pointed to the accused as an author of the burglary. Even if it was held that the prints on the revolver were from the accused's hand, the most that could be concluded was that he handled the weapon after it was cleaned, for the evidence showed that it had been cleaned after it was last fired from. Mr. Reed declared that neither this print, nor the one on the top of the cash box tray, which were alleged to be from the same finger, showed a scar which was apparent in accused's print with whi,:ii the Crown sought to identify it. The explanation of the discrepancies given by experts was that there was a blur, or that a piece of dirt had interfered, or that the man had been handling bricks, none of which went to increase a layman's confidence in the system. Counsel pointed out a number of alleged similarities upon enlarged prints produced in Court, and submitted that no similarity whatever on these points was apparent.to the lay eye. CASE FOR THE CROWN. Mr. J. C. Martin addressed the Court on behalf of the Crown after the lunch adjournment. He felt justified in saying that nothing had been disclosod that was detrimental to the character or motives of any of the Crown witnesses. On the other hand he did not wish to suggest that the accused's friends and relations, who described his movements, should be distressed because of their relation to the accused. It was only fair, however, to point out that it was obvious that the interests of these witnesses lay in one particular direction. Dealing with the other witnesses, counsel said that the man who stated that he saw the accused outside the theatre shortly before 8 p.m. was obviously of a highly nervous temperament, and from the way in which he gave his evidence it could readily be inferred that he would be very open to suggestions from other people upon such a matter as the exact time he saw the accused —a very important point.