THE SYDNEY MURDER CASE.

West Coast Times, Issue 144, 5 March 1866, Page 3

THE SYDNEY MURDER CASE.

BERTRAND CONVICTED AND SENTENCED TO DEATH.

In this most remarkable case, in which Henry Louis Bertrand, a dentist, and Mrs Henry Kinder, were indicted for the wilful 'murder of the husband of the latter, the result has been the conviction and sentence to death of Bertrand, and the release of Mrs Kinder, the Crown Law Officers deciding that the evidence of complicity available against her was not sufficient to secure a verdict of guilty. It appears that Bertrand has been twice triedthe the first jury had not been able to agree to a verdict and were discharged accordingly. We gather the following particulars of the proceedings from the telegraphic despatches in the Melbourne pipers, several numbers of which are wanting in our files. The ffrst trial commenced on the 14th ult., and concluded on the 16th. Amongst the witnesses examined on the 15th was Mrs Kerr, the sister of the prisoner, The " Argus " telegram states : — 11 Mrs Kerr was examined, and her evidence was of a damning character, but considered insufficient t<) eriininate tiie prisoner. A pathetic sceue occurred in conrt when Mrs Kerr, overcome by her feelings, be^au to cry, and Mr Dalley abandoned his questions, and encouraged the witness to regain her self-yossession. The evidence went to prove that Bertrand is mad. A new witness was brought forward to-day, namely, Mr ICinder's servant. She said that i\ir Kinder had told her that he had wounded himself with a stick. The medical evidence was conflicting as to whether tho pistol was loaded or not. Mr Dalley, for the defence, made a powerful speech, which occupied two hours and a half in the delivery. lie called Mr Bertrand a littr of the greatest magnitude, a rivolous, cowardly, low, abandoned, sensual, bab'jlin^r, lying, eccentric, depraved fellow, but not i\ inurde.icr. The Court, at the conclusion of Mr Dalley's speech, adjourned until Friday morning." The tclegiatnof the next day is as follows :—: — v The Ciiief Justice's address to the jury in Bertrand's case lasted three hours. ' The jury were looked up at noon, and the Court then adjourned tjll tive o'clock, when, finding the jury not agreed, the judge sent for them, and concisely summed up the leading points of the evidence most useful in assisting them to arrive at a flpeedv verdict. He waited till six o'clock, and then locked them up till ten o'clock to-morrow. The judge stated his intention not to discharge them until compelled. It id said that nine are for conviction aud three against it." The next telegram is dated the 18th and says: — "The jury, who were locked up yesterday evening iti the Kiuder murder case, were brought into court before

the Chief Justice this morning, when the r foreman stated that they found it impossible to agree. They were, therefore, discharged, after a long legal discussion, aad th« prisoner Bertrand was removed, to

hU former custody iv Darlinghurst Gaol. Tiie conduct of the prisoner at the close, as well aa throughout the triiri, was indicative of the greatest unconcern. He frequently paced the d >ck, and regarded the spectators in court with great composure. In the prison he ha< manifested an utter disregard of his perilous position, and exhibits a considerable amount of saucy bravado before strangers. He speaks with confidence about regaining hia liberty, and says that when he is acquitted he will recommence business, and is confident of making a rapi I fo t me. After the discharge of the jury the .Court adjourned until Monday, at ten o'clock. It is ex* pjcted that a fresh jury will be empinnelled to try Bertrand. Various rumours are current as to the opinions of the jury. One juryman alleges that seven were in favour of an acquittal, while another says that ten refused to convict. " The second trial of the accused came on sn the 22nd February and was continued on the 23rd. The telegram says: — "No new evidence of any importance has been given; hut a repetition of the painful scene with Bertrtnd's sister (Mrs. Kerr) occurred during her examination. She was so much overcome by the painfulness of the situation that the counsel for the defence desisted from his cross-examination. The distress' of the witness was aggravated by the conduct of ihe accused, who manifested the same levity as on his first trial, and openly laughed at portions of the evidence, for which he was severely reprimanded dy the Chief Justice." The trial closed on the 23rd. The Chief Justice summed up clearly and against the prisoner. The jury retired, and after consulting for two hours 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 t 0 say if he had any cau.sc to show why sentence of death should not be passed upon him, proceeded to address the Court, und in a clever speech of half- an hour's duration, asserted bis innocence of the murder <i Kinder. Sir Alfred Stephen, Chief Ju tice, in JJpa-s'n^ sentence of death upon the pri-oner, expressed his full belief in his guilt, lie said that he had considered it soincwh.it doubtful afier the first trial, but that the evidence on the. second trial w.is cdiclusive against tin; accused, and he \v;h now convinced of the justice of the vcidict. The prisoner ap pearcd cool and collected, though not iftanihjMing any of lih former Icmty. lie said he was not afraid to die, and smiled to these about him after the sentence h:ul been p.isM'd, Ths Chiof JiMico exploded an opinion that Jaukoon, wliu i-. s;ill undergoing sentence of imprisonment lor ••ending the letter to Bert 1 and threatening exposure, ought, to lie liberated, and that he did not deserve so severe a puni.^hment. ,Ou the following motniog Mrs Kinder was liberafed troin custody, and discharged by proclamation; the Crown law officers considering that the evUcncc was insufficient to estahlh.li her complicity in the murder. Hertrand has requested permissisn for his wife to visit him, but the authorities entertain the apprehension that poison may be conveyed to him if the permission is granted, aud their acquii 8 cenee ie, therefore, doubtful.