THE BERTRAND AND KINDER CASE.

Timaru Herald, Volume IV, Issue 96, 16 March 1866, Page 3

THE BERTRAND AND KINDER CASE.

[Abridged from the Sydney Morning He) aid.] In the Criminal Court, on Friday, 23rd February, the evidence iv this case being completed, and his Honor having summed up, the jury retired at a quarter past six o'clock. In two hours they returned with a verdict of " Guilty." The prisoner being asked if he had anything to say why sentence should not be passed upon him, made the following statement, his voice betraying no trepidation, and perhaps ouly a natural weakness : — "Although ably defended by Mr. Dally and others acting on my behalf, I still have to call your Honor's attention to the fact that throughout the defence no evidence has been taken to prove that Kinder had intimated his intention, or threatened m 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 fire-arms, powder, and shot m the house, with which he intended to do it. He was m such a state of mind from nervous depression tbat he had to leave the bauk. T have lent him money until I told him that I could do no more for him. He was m such difficulty that nothing m the house belonged to him. This letter from New Zealand pressed heavily upou him ; and I have witnesses who could prove not only that the letter was given into my hands, but that it came from New Zealand ; and it was quite sufficient to upset the mind of a man labouring 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 is assumed that I would entrust such a terrible secret to women who are known not to be m the habit of keeping secrets. If 1 could have poisoned him, why should I have shot him ? Then, as to the statements I made. I was m the habit of hearing jokes, and joining m 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 m jest that I told my sister what she has stated. But, by a kind of fatality, circumstances have been brought together that makes it almost evident that lam guilty. If I made confessions, and my conscience pricked me, yet I denied them shortly afterwards. I have been fairly and impartially tried ; but Ido complain that the Crown seemed more intent upon taking my life than w;is warranted to satisfy the ends of justice. If I die I am murdered, and m spite of the decision of the twelve men who have given this verdict, I defy the world to say that there has been murder. Ido not care for life ; all I am now interested m being to vindicate myself m justice to my family. I have been unkind to my wife, maddened 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 m the habit of leading a loose wild life, and now, because of it, there is imputed to me a crime which was never thought of before Jackson alluded to it m his letter. We two have discussed a marriage with Mrs. Kinder — two men of like character. He said it was not impossible for him to marry her, but that it was for me. Mrs. Kiuder attributed her husband's suicide to jealousy of me, so that, although I am not actually his murderer, I was the instrument of his death. This pricked my conscience. Then I strove night and day to tear myself from the fascination which seemed to beset me— to repent of what I had dime ; and endeavoured to be a better man. This may be ridiculed after what has transpired. It seems to be my fate, and I am content to die. It is not death I fear, but I desire justice. The evidence on the inquest was given truthfully, on my honour as 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 of my belief Kinder had no cause for the unkind way m 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 iv which my case has been treated from the heginuing to the end — the ex parte statements at the police office having m controversiou 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 a3 to whether Kinder put himself out of the way ; but evidence is adduced to show that I had a motive m getting rid of him, and therefore it is assumed I put him out of the way." His Honor proceeded to pass sentence of death upon the prisoner m the usual form, and exhorted him to employ the short time that would be allotted to him to seek forgiveness of God, and not of any earthly tribunal. During the whole of the learned judge's address, the prisoner displayed the utmost

I firmness, and he smiled at some one near the ' dock as lie was removed I Prior to leaving the dock, the prisoner asked the Chief Justice if he should be allowed to see his wife. His Honor told the prisoner that he must make any application of tbat sort to the ; | sheriff; but that he (the judge) should advise I the sheriff to be very careful before he consented to any application of the prisoner that might j lead to difficulty.