THE KINDER TRIAL.

Otago Witness, Issue 746, 17 March 1866, Page 15

THE KINDER TRIAL.

(From the Sydney Morning Herald, Feb. 24.)

The following are the speech of the prisoner, Henry Jones Bertrand, and the remarks of the Judge on passing sentence upon him after the jury had found him guilty of the murder oi Henry Kinder. On being asked if he had anything to say why sentence should not be passed upon him, the prisoner, without trepidation, said :—

Although very ably defended by Mr Dalley, and others acting in my behalf, I still have to call your Honor's attention to the fact that throughout the defence, no evidence had been taken to prove that Kinder had intimated his intention, or threatened in any way, to take his own life. This was an oversight by Mr Dalley. Witnesses might have been brought to prove that Kinder, shortly before his death, threatened to shoot or drown himself, and stated that he had firearms, powder and shot in the house with which he intended to do it. He was in such a state of mind from nervous depression, that he had to leave the bank. I have lent him money until I told him I could do no more for him. He was in such difficulty that nothing in his house belonged to him. This letter from New Zealand pressed heavily upon him, and I have witnessea who could prove, not only that the letter wasgiven into my hands, but that it came from New Zealand ; and it was quite sufficient to upset the mind of a man laboring under his embarrassments. Neither Mrs Kinder nor my wife were called, although they could prove my innocence. A certain amount of intelligence and ability is imputed to me, and yet it ia assumed that I would entrust such a terrible secret to women, who are known not to be in the habit of keeping secrete If I could have poisoned him why should I have shot him ? Then as to the statements I made. I was in the habit of hearing jokes and joining in them very freely, with a great deal of nonsense, about the time of prosecuting Jackson, as to shooting men and running away with their wives, and it was in jest that I told my sister what she has stated. But by a kind of fatality, circumstances have been brought together that make it almost evident that I am guilty. If I made confessions, and my conscience pricked me, yet I denied them directly afterwards. I have been fairly and impartially tried ; but I do complain that the Crown seemed more intent upon taking my life than was warranted to satisfy the ends of justice. HI die I am murdered, and in spite of the decision of the twelve men who have given this verdict, I defy the world to say that there has been a murder. Ido not care for life ; all I am now interested in being to vindicate myselt in justice to my family. I have been unkind to my wife, maldened as I "was by love for this woman, and she never seemed satisfied with the mention of my passion. I wrote that diary, not intending it for the eyes of anybody but herself, and to gratify that romantic feeling which seemed to be part of her very nature. The facts I mention can be proved. It is not the end of justice to take the life of an innocent man; its object must be to satisfy society by acting upon the established truth of facts, either of innocence or guilt. I was in the habit of leading a loose, wild life, and now, because of it, there i 3 imputed to me a crime which was never thought of before Jackson alluded to it in his letter. We two have discussed a marriage with Mrs Kinder — two men of like character. He said that it was not impossible for him to marry her. but that it was for me. Mrs Kinder attributed her husband's suicide to jealousy of me, so that, although I am not actually his murderer, I was the instrument of bis death. This pricked my conscience. Then I strove night and day to tear myself from the fascination which seemed to be3et me — to repent of what I had done — and endeavored to be a better man. This may be ridiculed after what has transpired. It seems to be my fate, and 1 am content to die. It is not" death I fear, but I desire justice. The evidence on the inquest was given truthfully, on my honor, a3 I stand here. I did not wish to expose Mrs Kinder; it was not required that I should expose her character or my own, so as unnecessarily to injure either of us. I said, "to the best ot my belief Kinder had no cause for the unkind way in which he treated her." I was striving to teach her to make herself a good home. There is evidence of all that. It may be said that Mr Woods was not called because he was interested, but I complain of the most unfair and most unjust manner in which my ca3e has bten treated from the beginning to the end— the ex parte statement at the j police office having, in contravention of justice, been published, and the whole case put before the public to make a sensation. To this I attribute all the prejudice against me. Your Honor is not an interested party, and may have the means of ascertaining the truth of what I have said. No evidence has been taken as to whether Kinder put himself out of the way; but

evidence is adduced to show that I had a motive in getting rid of him, and therefore it is assumed I put him out of the way.

Ilia Honor said : It is no infrequent thing for me to hear protestations of innocence after conviction ; but I have never found it consistent with duty, truth, or the int n resfs oi society to accord them any serious consideration. Even under the g Allows I have known their innocence protested by men of whose guilt I have felt as certain as of anything I have known persona ly myself, and whose guilt was demonstrated by evidence so clear that no human bting possessed of the power of reason could doubt for an instant that the result arrived at had been right. Of course these protestations with many persons go for much, but by those with more experience, equal feeling, more responsibility, who desire to see justice and nothing more, they really pass unheeded. You are evidently a person of great ability, acuteness, and considerable cunning, with sufficient cleverness to seiz^ upon weak points, and make them appear an excuse, which, to reflecting persons, could be no palliation whatever. You say you are not afraid to die, and I trust you are not, but believe me, that in the opinion of a great majority of thinking men, wherever this evidence will go, you ought not to be allowed to hope for forgiveness here. You say you desire only to clear your character. For whose sake ? For the sake of your wife and children ? Can it be possible that any human being that has heard what has passed at this trial, who has read the diary, who knows your intercourse with that abandoned woman, supposes that you attempt to clear your character for the sake of your wife and children ? How can you, who in the same breath utter a falsehood, be believed in this ? The jury having now pronounced their verdict, I am at liberty to look at other matters I did not tbink proper to refer to before. I did not read one line of that to which lam now going to allude. I was informed that Mrs Kinder might possibly have been tried upon evidence to be given by your wife. Upon inquiry, I then made, I found that she had indeed given some information that she was stated to have given to your own sister in a confession, but having been permitted to see you, I believe she has receded from it. (Prisoner : I have never seen my wife since I have been in gaol ) Then it may be possible she has not receded from it. I shall feel myself called upon, after your address, to lay before the public that statement. If she was not called as a witness, you must, with the intelligence you possess, have known that she could not be called. She has made a statement which, unless your sister is perjured, positively confirms the verdict of the jury. (Prisoner : My sister is perjured.) Then the case displays unparalleled wickedness; but this, the deepest in dye — that a sister, for no object of her own, should falsely state that your own wife admitted to her that you had shot Kinder. She may have some remains of affection for your children, and even for the character of their father, but can I doubt that your sifter spoke the truth when she said she heard this extraordinary statement from you ? I do not believe you are an insane man, but a perfectly sane man would never have made the declarations you have made ; and I thoroughly j believe your sister when she related this: ' " I said to his wife, good God, has Henry real y shot Mm;" and she answered, i " Yes, he has." Her details, too, are quite consistent with my idea of the mode in which the deed was done. Can any one doubt the guilt when a man is accused by wife and sister, and their statements sustain and accord with all the probabilities of ! the case? I hear your declaration with sorrow and with pain, but I place not the slightest dependence upon it. I have a greater responsibility than the jury, and I declare to you now, before God, I believe you thoroughly guilty, and I have no more doubt of it than that you are before me at this moment. When I first heard the case, I did entertain doubts ; and I have lain awake hours thinking over the i various points involved, and determined if | those doubts were not removed not to try you again. But now, I have not the slightest doubt of your guilt, and I believe I can demonstrate to any man that you are guilty. I think it utterly impossible for a rational person to believe that that man shot himself. You say he had intentions. I have had great experience in criminal trials, extending over thirty-two years, and have tried perhaps more casea than any judge in any country, and I have never known a case clearer than your own; nor have I known a single case in which a man who was really determined to kill him ■ self talked about it to his friends. If a man talks of committing suicide, it i* almost a proof that he never intends to take his life. Is there the slightest probability that without any temptation and with his pipe jn his mouth — having onlj half an hour before been playing with his child, and just bought oysters for his wife

and given them to the servant to prepare for supper — this unfortunate man should, no pistol having been seen in his possession about that time, go into the drawing-room in your presence, in the presence of your wife and hi 3 own, and commit a bungling attempt at suicide like that described by you? No person ever heard of such a thing in the annals of crime. He might have been embarrassed and addicted to drinking. Had he not been a drunkard, his wife probably would not have been seduced by Jackson, and you would not have debauched her. If drink did not give the temptation to crime by htm, it afforded opportunities for crime in others. All the records of criminal courts show repeated instances of crime being committed through the agency of drunkenness — the victim being a drunkard, and affording opportunities for crime against himself Ido not think Kinder wa3 drunk on tint day, but whether drunk or sober, it is inconceivable that he could have intended to take his life in that bungling, stupid, incredible manner. Then I find you had every temptation, every motive, for destroying him. You were madly in lore with this woman, with a passion eating into your vitals, and you would hsfte committed any crime to have her as your own. Half mad I believe you to be, for you never could have talked as you did, unless there was a partial disturbance of your mind ; wild, eccentric, strange, to an utterly unprecedented degree, your mind was overshadowed by the influence this unhappy woman had acquired over you. I hear you say that at the time of writing to her the impassioned sentences, burning with love, you had no other intent than to satisfy the cravings of her romantic feelings. "Why, you admit that you wrote them as a deep and abandoned hypocrite. Ido not believe it. I believe that, maddened by the passion of your attachment to her, you did this terrible deed, and your statements previous were to be accounted for by the idea that in saying his death was likely to occur, when it eventually took place, you as his friend would not be looked upon with suspicion. I do not make any excuses for Jackson ; his conduct was extremely bad, but I feel some sympathy for him, believing that he spoke the truth. I think he deserves punishment, but the law was never meant for- a ca3e like this, but for parsons who wrote threatening to accuse persons of crimes they never committed. I am satisfied he believed what he said that you did to him utter dark, mysterious, dangerous hints, and used expressions justifying him in the belief that you intended to commit the murder, and therefore I think the man should be pardoned. He has bad sufficient punishment for writing that imprudent letter. A prudent man would say, " I cannot prove the case against this cunning person, and it will only involve me in ruin ; but I know what has taken place, it is horrible, and I will go to the police and let them take what steps they choose." Yet, being in distress and trouble, he paid he would be silent if you gave him L2O, with which, probably, he would have gone to New Zealand at once, and nothing would have been heard of him. It was grossly wrong to barter away the interests of justice in that manner. But he did not demand money by threatening to accuse you of crime without having grounds for believing you committed it. You allude to what you call a ! prejudice against you, yet you must see that it arises in an abhorrence of your proved crimes, and ia the almost universal feeling of the country ; and this verdict will, I believe, be received with perfect approval. On this trial there have been adduced two points making the cisc stronger than before; and I am not surprised the previous jury should entertiin doubts. Now I think there would be scarcely a dissentient voice agaiust a verdict of guilty, Nothing can pain a judge so much a3 the assumption that a verdict is unjust. I believe you to be guilty, and I shall feel deeper pain than I express if Ithought there were anything wrong in the verdict, because I am satisfied you will suffer death. I am sure you deserve the verdict, aad I am certain in my mind that it is true. And when ' you talk about idle words, and complain of, being spoken of as a fiend, surely when one reads your journal, hears what is said by your sister, by Mrs Robertson, by Burne, by Belhouse, and knows why you invited this man to your house, all their testimony, uniting and tending the same way, you cannot but be regarded as a fiend. You are not a human being in feeling. I can speak of you with compassion, because I do not think you are fully possessed of the mind that God has been pleased to give to almost all of us. On that account alone I feel some sympathy. It ia distressing and sad that any father of a family, a man that might be useful in his generation, should die on the scaffold for a crime that makes human nature shudder. The sentence is that you be taken hence to the place whence you came, and thence, on a day to be named by the Governor in Council, to the place of execution, and at that place be hanged till your body be dead. If you

are to find mercy, as I hope you will, seek it elsewhere, but from no human tribunal. The prisoner asked if he might be permitted to see his wife. His Honor directed him to make any application of that kind to the sheriff, but he hoped that that officer would be very cautious before complying with the request. The prisoner up to the time of his removal from the dock maintained his selfcomposure.

The Atlantic Ooze.— When the substanca called ooze came up on the grapnel line of the Great Eastern, from a depth of nearly two miles, it was simply a lightcoloured mud, like that which a heavy shower makes in the streets of London. Mr Ward, surgeon of the vessel, got a very small shell- fish, just visible to the naked eye, from the grapnel line, which, on examination under a feeble microscope, looked like a young barnacle, and gave signs oi life; but we' had no savans among U3. Whether he came up direct de profundh, or was a young truant wandering from his numerous family on the ship'a bottom, is questionable, but the weight of opioioa was in favor of the latter supposition. The ooze, as it is called, under the same scrutiny, presanted* none of the shells of which, microscopists say it is altogether composedNay, they pretend to hwe found the fish in them still preserved by the natural pickle of the sea, which has made an ingenious gentleman advance the horrible theory that all the dead men who have beea thrown overboard in their shotted hammocks, are standing bolt upright and perfectly fresh at the bottom of the sea, like an army waiting for the order to march. What seemed to us all sand and gravel, t was to Ehrenberg and other miscroscopi9ts foraininifera and distomacea— shells of exquisite fineness, showing conclusively by their perfection of outline that no currents or agitation of water exist in the place whence they come. But it is further contended that these creatures when alive, could not have inhabited these depths, because the pressure would have been too great ; and then one is launched on a sea of conjecture to decide how they were ever brought there, and how they floated ia myriads of millions — which no words or formulaj can express — on the surface waters, and sank down to form slabs of organic remains of impenetrable depth and unknown extent beneath. Not a trace of any mineral substance can be iound, it is averred, in these illimitable submarine prairies. The cable may then rest undisturbed here if these be all there is to fear, for there is no current and no teredo to warp its course and eat through the hempen covering of the wire, which suffers much in other sea?. But as a mite would in all probability never have been seen but for the invention of cheese, so it may be that there is some undeveloped creation waiting perdu for the first piece of gutta-percha which comes down to arouse his faculty, aud fulfil his functions of life — a gutta-percha boring and eating teredo, who has been waiting for his meal since the beginning of the world. As to sharks, the only remark that one can make, is that no instance his yet occurred of a cable being injured by a fish of any kind. Porpoises, grampuses, black fHh, and whales fly from it, so that the cable under water is* much better off than the wire on land in India and other places, where the monkeys are persuaded that the poles and lines 3re erected for their specul benefit, and elephauts use the fence as scratching posts. — Dr. Russell in the Fortnightly Iteview.

Prince Christian op Augostenbosg — The Paris correspondent of the Globe says : — " The Hambourg Zeitanq informs us that the intended bridegroom, of Princes 3 Helena, Christian Yon Augustenbarg, had formerly thrown up his captain's comm ; sBion in the Prussian service on the threat of Mantteuffel to arrest his elder brother, Prince Frederic. In connection with the endowment of this royal Princess, it has been stated that her lamented father, Prince Albert's accumulations reached the figure of L 300,000, while those of King Leopold are positively asserted by the Brussels Nord to form an aggregate of 80,000,000(1-., the disposal of which ia directed by his will, now lodged in the archives of the Belgian Law Courts. The accuracy of bath these estimates is open to question."

We extract the following from the " Wellington Independent," of March Bth : — "Mr Stafford has performed an act of justice for which we willingly give him credit, in deciding to continue the mail subsidies to the New Zealand Steam Navigation Company up to the end. of June. After that time, as m >sfc of the existing contracts then expire, it is probable that in terms of the Assembly's recommend Uion, the inter- provincial mail services will all be thrown open to public tender. A* we pointed out when fully discussing the subject on a previous occasion, Mr Stafford was under no legal obliga'ion to continue the subsidies to the Ntw Zealand Steam Navigation Company ; his present decision has therefore been dictated by a regard to tr-^ equity of the case "