THE PONSONBY MURDER.

Taranaki Daily News, 12 June 1920, Page 7

THE PONSONBY MURDER.

THE SENTENCE ON GUNN. PETITION FOR REMISSION OF DEATH PENALTY. REFERENCE TO FINGER-PRINT EVIDENCE, Information has been received that a petition is being forwarded to His Excellency the Governor praying that the death gentence passed upon Dennis Gunn for the murder of Mr. Braithwaite, postmaster at Ponsonby (Auckland) be commuted to one of imprisonment for life (says the Wellington Times). This petition is made on the following grounds:— "That the jury who convicted Dennis Gunn of the crime of murder convicted him on evidence which they were unable ,to verify. "That the issue set before the jury lay between two interested parties, namely the prosecution on the one hand, and the defendant, Dennis Gunn, on the other. "That the issue was narrowed dowp to two statements, namely, a statement by the prosecution that certain finger prints were the imprints of Dennis Gunn's fingers; and a statement by Dennis Gunn in absolute denial thereof.

"This meeting is of the opinion that before any supposed incriminating evidence that is of a' highly-technical nature can be held to be conclusive, especially where the death penalty is involved, such evidence should be referred to disinterested expert opinion. "In this case no such expert opinion was, or is, available for rebuttal or for confirmation as the ease might be. The only possible reference to expert pa»ties, namely, the prosecution.

"Yet, notwithstanding this, the juty' returned a Verdict of 'guilty' on evidence which they themselves did not understand, and as regards whose accuracy they were entirely at the mercy of the prosecution.

"That their adjudging Dennis Gunn guilty on such evidence was opposed to the principles of justice and fair play on which British law is based, and that the passing and carrying out of the deqth sentence on such circumstantial and esoteric evidence is and would be wholly unsatisfactory. That the whole ca.se for the prosecution depended upon the finger-print evidence as there is not one jot or tittle of supporting evidence that could be accepted as connecting Dennis Gunn with the murder of which he 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 prima facie evidence, where it is not supported by other , and tangible evidence, is highly 1 inimical to the interests of the 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 large and representative meeting unanimously approving thereof, "Therefore, in the. hope that events will ultimately prove Dennis Gunn's innocence, this meeting prays His Excellency the Governor to commute the irreparable death penalty to a term of imprisonment." It has been decided to send a copy of the above resolution to the GovernorGeneral, and one to the Minister for Justice, and a committee has been formed to circulate a petition asking-for a remission of the death penalty.