THE PONSONBY MURDER

Auckland Star, Issue LI, 24 May 1920, Page 5

THE PONSONBY MURDER

DENNIS GUNN ON TRIAL

CHARGED AT SUPREME COURT

PRISONERS CALM DEMEANOUR

.CIRCUMSTANCES REVIEWED

MR. MARTIN OPENS FOR

PROSECUTION.

■The young man Dennis Ounn (2i>) appeared before Mr. Justice Chapman and a jury o£ twelve, at the Supreme Court this morning, to answer t'.ie charge of murder preferred against him in respect ot the death, by ehooting, on the night of Saturday, March 13, ot" Augustus Edward Braithwaite, postmaster at the Ponsonby Post Office. Although the Court was well-filled before the trial began, there was not the waiting throng that has overflowed the precincts of the Supreme Court at th« hearing of some past capital charges. At the hour for the opening of the proceedings, however, the Court was comfortably 'filled with spectators, among the number standing behind the .public barrier several women being noticeable. The swearing-in of the -week's jurors was followed with more than ordinary interest, in view of the fact that twelve of the number weie about to hear evidence which was to decide whether or not a man's life was held forfeit to the law. The panel for -the week" was exceptionally heavy to provide for contingencies, and over half-an-hour was occupied by the swearing-in preliminaries. There were some eighteen applications for exemption, the judge granting it to twelve of the applicants. When the registrar called the name 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 t" the charge of murder. Gunn appeared dressed in a blue serge suit, the coat being worn over a white sweater. He took a close survey of each juror as the panel for the case was heing called, and 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 symptons of nervous strain. After the starting of the case, however, these indications of nervous pension left him, and he followed the opening address of the prosecuting council 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. Tale, 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 tbe police officer in charge of the case, Detective-Sergeant Cummings.

THE PAOSEOUTION OPENS. In opening the case for the Crown, Mr. Martin said that before dealing tfith 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 n6 desire to convict the prisoner," he .aid. "We are here to prove his guilt, if it exists, or his innocence, if it exists." ,

Counsel then asked tbe jury to dismiss from their minds all that they had previously heard about the case. The latter, be remarked, was a very sensational one. It had Ween the subject of much talk, and naturally the newspapers had reported the proceedings in the Magistrate's Court at considerable length. Under the circumstances- it was probable that everyone had formed some ! opinion upon the case. However, he 'would ask them to put aside any opinions they had acquired, and to conj sider simply the facta laid before them. '1 don't know if you have 'had much experience of criminal courts," counsel 1 proceeded, "but sometimes jurors are affected -by the result of their verdict." Neither their verdict in the present case, not the sentence which the judge might be bound to pass would result in the carrying out of the sentence. The verdict, the sentence, and a full account ot the proceedings would be forwarded to the Governor-Oeneral and the Executive Council, Which would consider a report from the judge, together with any new matters which might come to light. It would then be tlie duty of the Executive Council to recommend to the GovernorGeneral whether, after conferring with his Ministers, he should decide if the sentence should be carried out or not."

Concluding his introductory remarks, Mr. Martin again asked the jury to consider simply what was laid before them, and to ilet nothing from outside disturb the equanimity of their judgment. THE FATAL NIGHT. 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 deceased was a man of very orderly halbits, and after taking a Saturday off, he returned from a visit out, and about seven o'clock was seen in the vicinity of the post office. All witnesses were agreed that between a quarter to eight and eight o'clock he was seen returning to his house in Shelly Beach Road. About this time also- a neighbour of the deceased heard what sounded like two shots, a noise like n stiritrl shriek following tbe first of them. The circumstances all pointed to the fact that Mr. Braithwaite was perfectly normal, and on reaching his home had placed some -cucumbers he had purchased on his way home on a table, and was apparently in th<« act of winding up ■ the clock in the kitchen when the first I shot was fired. This shot took effect in [the woodwork of the mantel, and "Braithwaite suddenly turning round, evidently | received the second shot fired in the neck. | A suggestion that the cause of death iwas Riiicide was disponed of from the 1 fact that the body of the dead man was i robbed, wfh'ile the little leather bag he i had carried when he returned home was I found lying open near the fence on the ! other side of the road. There was also the circumstance of the robbery at tho post office, to enter which it was necessary to secure the keys, which were robbed from the body of the murdered man. Mr. Martin proceeded to Teview what happened near the post office a

little later iv the evening, between eight o clock and 8.15, when a lady living near the post office heard a noise as of someone walking on some loose boards beside her place, followed by a sound like someone jumping or scrambling over the dividing wall, and the thud of the drop as the person alighted. This neighbour called out, but received no reply, but the 'banging of a gate made it clear that a person (had passed, 'having apparenthcome from the post office Ibuilding and climbed over a dividing fence. Mr. Martin then referred to the opening of the post office eafr- with the only available key (Mr. Braithwaite's), and; the removal of the cash bores that were kept within. One of the boxes, he said, was found in the telegraph room, under circumstances which indicated that the thief had been disturbed. Another box, ■which as it happened contained the largest sum of money, was. not opened. There was an obvious -reason for tiie thief's "using the telegraph room, for it had no window opening on to the street. However, a woman who wished to send a telegram saw a light in the window of the telegraph room, and knocked at a door. TJiis was probably what disturbed the thief. Counsel next dealt with the rinding of the sack containing three revolvers, a quantity of ammunition, a considerable sum in cash, the deceased keys, and a jemmy. The cash, he slated, included a postal note identified as having been cashed at the post office on the day of tlie murder, and the jemmy fitted* the marks on the post office window. There was, therefore, no doubt that the bag contained the fruits of the hurglary. Counsel then described the tests made with the revolvers, showing that bullets from one of them bore marks due to a defect lathe rifling, these marks being the same as others found upon the bullets taken from the deceased's body. These latter bullets were found to be of the tamo

| calibre as the ammunition found in the bag. ;

FINGER-PRIXT EVIDENCE. 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 placed by the jury upon what was known as. finger-print evidence. Counsel was going on to deal with the permanence and constancy of an individual's finger-prints ;from childhood to old age. MR. REED PROTESTS.

When Mr v Martin proceeded to state that no two finger-prints of all the people in the world were alike, Mr. Reed intervened. "I don't think that my friend should open in that way," he said. "Evidence will have to be called on that question." , . _'

His Honor: He is entitled to open tho evidence on which he relies.

Mr. Reed: It has been held in Victoria that evidence can only be adduced showing the personal experiences of the witness. 1

His Honor: Evidence-may be called to show that the mathematical probability is so great that no two finger-prints can be alike.

Mrt- Reed: It has 'been held that an individual witness can speak only of his personal experiences.

His Honor: His evidence may cover the range of his observation., Mr. Reed:' But he can't cay that the odds are so many millions to one. His Honor: I don't know who made that rule. I shouldn't accept' such a ruling

Mr. Beed: The whole Court of Victoria has ruled so.

His Honor: There may be evidence in tlie nature of an opinion based on the •whole of the biological facts as known to the witness".

Mr. Reed: There is no evidence that no finger-prints are ever repeated in! human beings.

His Honor: There is no necessity to goto that length. The' Crown carries the' evidence far enough for the purposes of its ease. Mr. Reed: A witness can only speak of his personal knowledge. •His HonoT: --He may speak of the whole' range of his knowledge, and may depose to scientific facts from the sources of his education.

Mr. Reed: I propose to submit, ifi general evidence is called, that a witness [may speak only of his personal experience.

"Of apurse," remarked liis Honor, "it may 'be purely a matter of opinion and may be argued as to the circumstances, but evidence can be given of the whole of the biological facts known to the witness." . i

Mr. Reed: Exactly. Yet my* friend has asked the jury to accept the dictum that no one finger print could have been reproduced toy any other human being in the world. There" can be no evidence as to that. It is impossible there could tc. The Judge: The argument may not be carried as far as that, but the Crown carries its case long enough for the purposes of the case. Mr. 'Reed: Witnesses can only spaak of their personal experience and personal knowledge. The Judge: Many who despose to scientific facts are prepared to despose io them from their education, and from the sources of their education.

•Mr. Reed: I propose to object to the evidence that is called as to the general fact of this finger print evidence. • I submit that only the individual's own experience can be given. The Judge: The time will come to object to that When it is asked.

BINGI'Nft ON THE FINGER PRINTS.

Mr. Martin: Well, I want to modiiy what I am saying. I will not say that it/here are no any two linger prints identical, but I will ask my learned friend to produce any two finger prints that are the same. As far as exp-.-ts know, if there are exactly similar !tr%»r •prints, they have not discovered tiem. I think, your Honor and gentlemen, th;it you- will find that the case really turn--. on the value of the finger-print evidence. Gunn, at one time, was in gaol, not for any crime, but for some offence under the MSitary .Service Act. While he v.-as in gaol his finger prints were taken. Later on, when he was arrested, prints were taken again, so there are two seta •of Gunn's finger prints taken for record purposes. We have thus two sets of prints to start on. Now on the revolver was found part of a 'anger print. I am 6orry to say that the exact finger print on the weapon cannot he shown in 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. W* have a photograph of the actual finger print as it e-hrted when the weapon was found. On the cash box we found the finger prints of quite a number of persons, the prints of the different persons being easily distinguishable. OTHER SIGN-FTCANT EVIDENCE. Mr. Martin proceeded to «ay 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. Counsel pointed out that the place where a number of articles closely connected with the murder were found was at a . spot between 100 and 150 yards of Gunn's residence. The stuff was not only found there, but it was clear that it had been put there deliberately, and he suggested that whoever placed it there had not run straightway from the robbery at the post office and put it there, but had first taken it to some convenient place and put everything of an incriminatory nature together, and then deposited tbe stun" in the spot where it was found. This was not found till the 20th, three days iffter the accused was arrested, but it was clear it must have been there at least on the 19th, beyond which ha would not at present go. ■ GCNN'S MOVEMENT?. 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. -When the police arrested him in his own house Gunn said, in answer to inquiries as to bis movements, that be was at home all the Saturday afternoon. He uas asked again, and after a little hesitation he corrected himself, and said that lie was with his brother Tom. He said that they went down to Wirtb* circus, and seeing a big crowd there did not go in, and went on to explain in detail his movements up to 6 o'clock, when he said he left his brother in Karangahape Road. He had no difficulty in giving a detailed account about ITis 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 the hours of 7 and 9 in the evening. Then Gunn thought, and said he went to the ' pictures, but it was after the 8 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 that the acccußed was able to acccount for his every movement during the earlier part of the day nnd for the later part of the evening. "He stops and leaves a gap Just at the critical hour, and picks up his movements again just -after tho critical stage," remarked Mr. Martin, adding i that faken in conjunction with all the other circumstances this was Important.

NOTHING LEFT TO CHANCE. Counsel summed up his address by saying that tVe Crown would, of course,'' rebut any suggestion of suicide. It was a clear case of murder, and it was shown that the motive for the murder was robbery, not of cash, but of the keys. The keys and the weapon were' found in a certain spot. Accused's finger marks were found on the revolver, and the. cash box in the poet office was found to have some oi the same finger marks as were on. the revolvers. On the subject of finger prints the Crown had been very careful. They had obtained the assistance not only of the Department's own experts, but of an pert from the Criminal Investigation Department of New South Wales. Nothing had been left to chance. A NEW WITNESS. Reverting to the finger-print question, Mr. Martin stated that ■ since the proceedings in the Lower Court, the police had brought over from Sydney the In-, spector in charge of the finger-print records for New South Wales. With the. consent of counsel for the defence, this officer had been supplied with a fingerI print taken from one of the exhibits, and with, tbe finger-print record cards of 100 pea-sons, making 1000 prints in all. After working on it for an hour or more he. 'had definitely identified the print with one of those on record. , In conclusion, Mr. Martin deprecated sympathy with the old man who had been foully murdered, on tlie one hand,' or with the young man in the dock, on the other. He emphasised that it was the duty of Court, and of the jury, to thresh £he whole matter out in the interests of the community. The Crown, for its part, claimed that the evidence pointed conclusively to the accused as the man who committed the crime, but, as he had said already, it was upon finger-print evidence that the Crown relied to connect the accused with the 'murder. THE CROWN'S EVIDENCE. 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 turnedout and his keys removed. He was in ithe habit of putting his keys under his pillow, and she accordingly searched there, but failed to find them.. She i identified the keys produced as the onea in question. Her husband was a quiet man, and as far as she knew 'he had no quarrel with anyone. There was n» i cause whatever for suspecting that he might take his own life. Xo firearms were kept in the house.

Frederick Charles Mackay, dispatch clerk at the Ponsonby post office, said that he saw Mr. Braithwaite open the office about 7.50 a.m. on' March 13, as usual. He did not see him again alive.

Evidence about tlie deceased's trip to Howick on the day of his death was given by Theodore C. Haurtain. electrician, of Howick, and ATthur Hulme, motor-bus driver. The latter stated that the deceased got off the Howick bus at the Grafton Bridge about 6.30. 'Both were o"f the opinion that his demeanour was perfectly normal.

Johrl Cowie Wilson, fanner, who was staying at the Ponsonby Club Hotel last March, said he saw the deceased, whom he -knew, closing the post office door and coming out about_ 7.35. Deceased put the keys in his pocket before He went away. Evidence given by Miss Buth •Hetherington. Mrs. Eugene Smith, and Mrs. Kathleen Brown, who met him on his way home, indioated that the deceased walked along Jervois Road an* down Shelly Beach Road, and that he probably reached his house a little before 8 p.m.

The Court th.-n adjourned for lunch.