TRIAL OF BERTRAND, THE SYDNEY MURDERER.

New Zealander, Volume XXIV, Issue 2612, 17 March 1866, Page 4

TRIAL OF BERTRAND, THE SYDNEY MURDERER.

NUN - AGREEMENT AND DISCHARGE OF THE JURY. SECOND TRIAL AND SENTENCE OF DEATH. DISCHARGE OF AIRS.'KINDER. AA’i; take the following from a Nelson pap-r: —

Louis Bertrand, the murder of Henry Kinder, has, after a second trial—the jury having failed to agree on the first trial——been found guilty of murder and sentenced to death. The following particulars are compiled from- the accounts in the Melbourne papers: — 1 Bertrand and Airs. Kinder were brought up before the Criminal Court of .Sydney on February 14. The chief’ part of the evidence was similar in effect to that given before the committing magistrate. 'l’he evidence lasted two days. Airs. Kerr, Bertrand’s sister, was examined the second day. Her evidence is described as being of a damning character, but considered insufficient to criminate the prisoner. A pathetic scene occurred in Court when Mrs. Kerr, overcome by her feelings, began to cry, and Air. Daly, for the defence, abandoned his questions, and encouraged the witness to regain her selfpossession. The evidence went to prove that Bertrand is mad. A new witness was brought forward to-day, namely, Air. Kinder's servant. She said that Air. Kinder told her that he had wounded himself with a stick. The medical evidence was conflicting as to whether the pistol was loaded or not. Air. Daly made a powerful speech, which occupied two hours and a half in the delivery. He called Air. Bertrand a liar of the greatest magnitude, a frivolous, cowardly, low, abandoned, sensual, babbling, lying eccentric, depraved fellow, but not a murderer.

The jury wore locked up on the evening of the 16th February, and brought into Court before the Chief Justice next morning, when the foreman stated that they found it impossible to agree. They were, therefore, discharged, after a long lend discussion, and the prisoner Bertrand was removed to his former custody In Darlinghurst Gaol. The conduct of the prisoner at the close, ns well as throughout the trial, was indicative of greatest unconcern. He frequently paced the dock, and regarded the spectators in court with great composure. In tho prison he has manifested an utter disregard of his perilous position, and exhibits a considerable amount of saucy bravado before strangers. He speaks with confidence about regaining his liberty, and says that when he is acquitted he will recommence business, and is confident of making a rapid fortune. It is now understood that Airs. Kinder will be put upon her trial before the second trial of Bertrand, and that the evidence which will be adduced against her (especially that of Airs. Bertrand, who could not be examined as a witness against her own husband) will have an unfavourable effect upon the minds of the second jury in Bertrand’s

case. Various rumours are current as to the opinions of the jury. One jury man alleges that seven were in favour of an nquittiil, while another says that ten refused to convict.

Thu second trial began on the 22nd February, with a new jury, the AttorneyGeneral on this occasion conducting the prosecution in person. No new evidence

of any importance was given ; hut a repetition of the painful scone with Bertrand’s sister (Mrs. Kerr) occurred during her examination. She was so much overcome by the painfulness of tho situation that the counsel for the defence desisted from his cross-examination. The distress of the witness was aggravated by the conduct of the accused, who manifested the same levity ns on Ids first trial, and openly laughed at portions of the evidence, for which he was severely reprimanded by the Chief Justice. The trial was concluded on the afternoon of 23rd February. The judge summed up very clearly, and against the prisoner. The jury after consulting fur two flours and a half came into Court, which was densely crowded, and gave a verdict of “ Guilty.’’ Bertrand, on being called upon in the usual way to say if he had any cause to show why sentence of death should not he passed upon liTu, proceeded to address the Court, and in a clever speech of half-an-hour’s duration, asserted his innocence of the murder of Kinder Sir Alfred Stephen, Chief Justice, in pas iug sentence of death upon the prisoner, expressed Ids full belief in Ids guilt. He said that he" had considered it somewhat doubtful after the former trial, hut that the evidence on Hie second trial was conclusive against the accused, and he was now convinced of Hie justice of tho verdict. The prisoner appeared cool and collected, though not manifesting any of his former levity. lie said ho was not affaid to die, and smiled to those about him after tho sentence had been passed. The Chief Justice expressed an opinion that Jackson, who is still undergoing sentence of imprisonment for sending the letter to Bertrand threatening exposure, ought to ho liberated, and that he did not deserve so severe a punishment. On Saturday morning, February 2-f, Mrs. Kinder was liberated from custody, and discharged by proclamation ; the Crown law officers considering that the evidence was insufficient to establish her complicity in the murder. The Chief Justice strongly advised her to leave the colony.

Bertrand lias requested permission for his wife to visit him, hut the authorities entertain the apprehension that poison may be conveyed to Idm if the permission is granted, and their acquiescence is, therefore, doubtful.