PONSONBY MURDER.

Auckland Star, Volume LI, Issue 124, 25 May 1920, Page 7

PONSONBY MURDER.

TRIAL OF DENNIS GUNN.

SECOND DAT OF HEARING.

THE ACCUSED'S DOINGS

tij.gr.CT IDENTIFICATION

FINDING OF THE BOOTY.

The 'trial of Dennis Gunn on a charge of murdering Mr. A. 18. Braithwaite, postmaster at Ponsonby, on March 13 last, was continued at the Supreme Court yesterday afternoon and to-day Mr. Justice Chapman presided. Hon. J. A. Tole, K.C., and Mr. J. C. Martin appeared for fche Crown, and Mr. J. R. Reed, K.C., and Mr. E. J. 'Prendergaat for the defence. Hugh Kelly, gatekeeper at the Convent of the Little Sisters of the Poor, Shelly (Beach Road, stated that the handhag (produced) with the deceased's name inside was found toy him just inside the grounds of the convent on the day after the murder. DOCTORS' TESTIMONY. Dr. D. N. W. Murray and Dr. V. F. TTehfir gave evidence that death was due to bullet wounds, death having probably followed between 10 or Id minutes after the shot in the' abdomen, which caused haemorrhage of the liver. Mrs. Emily Ada You and Mrs. Elizabeth Fenton, neighbours of Mr. Braithwaite, stated that just before 8 p.m. on March 13 they heard two reports. Mrs. You remembered that they were accompanied by a scream, and - Mrs. Fenton had noticed a light in Mrs. Braithwaite's kitchen when she looked out after hearing the sound. Evidence about the locking-up of the Ponsonby post.office at 5.30 on the evening of March 13 was given by three members of the etaff. Constable J, M. Devereaux, of Ponsonby, who arrived at Mr. Braithwaite's house about 10.40 p.m., described the position of the body, and also what was found when an examination of the post office was made the same night. The strong-room 'door, he said, had evidently been opened with a key, because it stood open, showing no sign of violent usage. POSTAL MEMO. iPOBMS. Percy G. Harwood, Assistant-Post Master at Auckland, stated that the only duplicate key to the Ponsonby office strong-room was kept at the Cen tral Post Office. No one officer had access to it; it could not be removed unless two officers concurred. The witness recognised some memo forms, produced by the Crown, as being of a kind used by postal'officers in communicating with one another. It would be strange, he said, if an outsider were found in possession of any of them. Mr, Reed produced a document which the witness, after examining it, said was a certificate showing that one H. J. Skinner had been in the employ of the Postal Department. He did not know that Skinner was a brother-in-law of Gunn. *

BURGLAR MISSES £400. Edith Jane Barlow, money-order clerk, who was in charge of the Fonsonby post office during Mr. Braithwaite'e absence at Ho.wick' on the day of his death, gave evidence about the strongroom arrangements. She said that the money-order caeh-box, containing £390 18/9, was found untouched in a locker in the strong-room the morning after the murder. The deficiency in cash as a result of the burglary was £67 4/ss, less £24 11/11 afterwards recovered by the police.

to-day's srrrncG.

On resuming to-day, the Crown called Mies Jessie May Fowler, counter-assist-ant at the Ppnsonhy post office. This witness stated that when she put her caehbox into the strong-room on the day of the murder it contained a crumpled Bank of New Zealand £6 note and a cancelled postaTnote bearing her initial and the number 338,572. She identified this with a note produced. After locking up tiho strong-room, she left the key in a place known only to the counter etaff and the postmaster. » When ehe visited the office the next day the key was not in this place. Questioned by Mr. Heed about the memorandum forms previously referred to, the witness said th»**tue bulk of these -were kept in the stationery cup- , "hoard in the postmaster'e room, though a few were sometimes kept in a drawer behind the counter. • • LOCKS AND KEYS. David Hyauiason, locksmith, eaid that he examined the lock of "the Ponsonby ■post office strong-room door subsequent to MarcE 13. He found it in complete working order, indicating that the door had been, last opened with a key. No explosives had been used on it. He also examined a Yale lock 'handed to him by the police. To Mr. Seed: It would be possible for 'a- person with experience to open the strong-room door without using explosives, but "he would not say that the lock could be picked. He .bad never known a Yale key to fit more than one lock unless it were altered. It was possible by aftering euch a key to make it fit more than one lock. Constable O'Brien, of Ponsonby, w<ho had mounted guard in the post office on the morning after the murder, said that no one touched any of the cash boxes while he was in charge. To Mr, Reed: Two drawers at the back of the counter were open, but no papers or other objects were scattered about. SEEN IN THE NEIGHBOURHOOD. Owen William Hughes, insurance agent, and formerly a prison -warder, stated' that after leaving the prison service he became a military policeman. He knew the accused. He was about the Three Lamps practically all the afternoon on the day of the murder. He saw the accused about 2.30 p.ni. under the verandah of the tmtiher's shop at the corner of Jervois Road and St. Mary's Road, opposite the post office. Witness was then going into the Ponsonby Club 'Hotel. He next saw him between 3 p.m. and 4 p.m. in the same place. On the first occasion the accused was alone, and on the second he was in company Vith a man whom witness had since identified ac bis brother Charles. Witness went home, and on. returning about 4 p.m. he saw the two men again under the verandah of the butcher's shop, but further round towards St. Mary's Road. Later on he was again in the hotel, and left it about 5.301 He then saw the men •fill under the verandah. As he was finally going home about 6.45 he saw the accused alone under the same verandah, and standing about on the corner. Mr. Reed: May we take it that -from half-past two to sis you were in the Ponaonby Club Hotel! WitnoM: Nfr-gir, gfefc4a Je jrtlJMtboat jxfcfheTO&atj'i _ ■ ; ■' -■ ■ " >

•When not in the hotel, what were you doing!—l was standing against the lailings of the hotel at one time.

In answer to further questions, the witness said that he estimated that altogether he was an hour and live minutes in Idle hotel. He was at home for about three-quarters of" an 'hour.

And the rest of the time you were leaning against the railings?— Yes.

I believe that when the murder was known you went and informed the police?— Yes. About half-past eleven on the Monday.

The witness said that when 'he wa« in the military police the accused was in iris charge as a military defaulter. He gave no trouble whatever. On the Saturday afternoon he "was wearing a blue suit and a straw hat. His brother was "dreseed in a dark suit, with a black felt hat. old lady's identification. 3Ess Lavinia Sadler, an old lady, said that she was standing opposite the Ponsonby post office from aibout 6.55 to 7JO p.m. She saw Mr. Braithwaite' get Off a Ponsonby Roail tram, carrying a brown bag. He was an 'old friend of ■hers and bade hey good evening as he went over to the poet office. At the same time she noticed a young man standing near her on the kerbstone. He was wearing a Mack hat. She identified him from the photograph printed in the "Star," and picked him from a number of men at the police station. She identi£ed him as the accused. Hγ. Reed: Mr. Braithwaite was an old 'friend of yours?— Yes. * lAnd you were much upeet at this death?— Yes. You were very much incensed at the person who killed him? —Yes. You saw the photograph published in the "Star" of the man who had been arrested and charged with the murder? —Yes.

It was a photograph of a man in a black hat. Ixtoking at the photograph you thought that it was that of the man you saw outside the poet office?—Yee. 1 thought it was exactly like him. ; The man you picked out at the police station was like the man in the photograph?— Yes. I noticed that lie had curly hair in the.photograph and also in front of the post office. The witness having stated that a telegraph pole and another pole were between her and. the'young man ac she stood on the kerbstone, she was questioned at length as to their relative positions, and it was eventually arranged that she should visit the spot with an officer and a clerk from Mr. Reed'e office, and that she should point out on the ground the places where she and the man stood.

THE FTND IN THE GOLLY. A plan of the guUy near Somerset place, where revolvers, cash, and other

articles connected with the burglary were found by the police, was put in by Arthur D. Mead, -of the City Engineer's staff.

Detective J. B. Young gave an ac-| ■count of the search made by the police in the gully. He described it as heavily overgrown with t/ackberry, bamboo, ami other plants, much of •which growth was cut away by the police in tie course of their operations. The scaret began on March 17, and was continued for three days, six constables being engaged at various times. Three tracks, going in various directions, crossed the area. Prom four to six yards off the track leading 'from Somerset Place, in tne! centre of a dense blackberry dump, there was found a canvas bag, containing three revolvers, 229 pennies, 38 Tounds of .38 ammunition, and empty cartridges. A smaller bag -was also found, containing 448 pennies and one florin. A third bagt long and narrow, of the kind known to the police ac a sandbag. There were some particles of sand inside. This contained £Iβ 13/6 in silver and a bunch ot keys which were found to fit various

■locks in the post office and the deceased's ■house, including thoee of the etrongroom and the St. Mary's Road door of the post office. The contents also included £16 13/6 in coin, four .38 cartridges, and a cancelled postal note and a £5 Bank of New Zealand note folded together. Lying at the bottom of the clump was also a "jemmy." THE ARREST OP GUNN. The witness added that on the afternoon of March 17 he and Detective-Ser-geant Cumminge accosted the accused in Howe Street, approaching him from behind, one on either side. Cummings eaid to him, "Wβ are two detectives, Gunn, and we want to see you at the police station," Gunn's face turned white and then yellowish. He said, "All right," and asked for a cigarette. Cummings said, "Aren't you well?" and Gunn explained to them that he was an outpatient at the hospital on account of an accidental bullet-wound in one thigh. When they reached the Newton police station Cummings ..told him that they wanted to know his movements on the afternoon and evening of Saturday. He replied that he was a,t home with his brother Tom in the afternoon ,and in the evening he went to the Princess Picture Theatre, arriving after the 8 o'clock session had begun. Cummings then said, "Are you sure that you were at home' all the afternoon!" Gunn thought for a while, and then said, "No, I went down town with my brother Charlie. We went as far as Worth's circus, but there was a large crowd outside, and we did not go in." He added that they went to the waterfront and watched a boat race for some time, then walked up Queen Street, had a drink at an hotel in Vulcan Lane, and went on up to Newton. He left his brother in Newton < about 5.30 p.m. Cummings then said "to him, "Wβ are more concerned with your movements after 5 o'clock." To this he made no reply. He was afterwards charged with the murder and burglary. When charged he saiil, "You'll have a hard job to prove it. Won't you?" To the judge: Gunn was searched when he was arrested. Witness ran his hands over the outside of his clothes when he accosted him, in order to see if-he was armed. < To Mr* Prendergast: He knew that the accused had a brother-in-law named Skinner who was at one time in the postal service, and died of influenza while on active service. He was not aware that Skinner lived with the Gunra, but knew that his wife had lived with them. The accused's statement that he was an out-patient at the hospital was quite true. He took part in the search of Gunn'e house in Somerset Place, but did not go over the whole building. He did not see a book of instructions to postal officers (produced). Detective-Sergeant Cummings showed him a Dostal memorandum form in the course of the search. Gunn was charged and arrested within an hour of the time when he was accosted. Thomas Gunn, his brother, was not interrogated until after this. After the lunch adjournment, Mies •Lavinia Sadler was further examined at •' some length as to the relative positions ; of herself and thr> man she identified as I the accused in the street outaide the ilnost offioe on the evening of the innrcteiy I Bhu we to pmeeafllnfc - °