THE SYDNEY MURDER CASE.

West Coast Times, Issue 149, 10 March 1866, Page 7

THE SYDNEY MURDER CASE.

BERTRAND CONVICTED AND SEN-

TENCED TO DEATH.

In this most remarkable case, in which Henry Louis Bertrand, a dentist, and Mrs Henry Kinder, were indicted for thu 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 appear* that Bertrand has been twice triedthc 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 papers, several numbers of which are wanting in our files. The first trial commenced on the 14th ult., and concluded on the lGth. Amongst the witnesses examined on the 15th was Mrs Kerr, the sister of the prisoner, The v Argus " telegram states :—: — " Mrs Kcit was examined, and her evidence was of a damning character, but considered insufficient to criminate^ the prisoner. A pathetic scene occurred in court when Mrs Kcrr, ([overcome by her feelings, began 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 Kinder's servant. She said that Mr Kinder had told her that he had wounded himself with a stick. The medical evidence was conflicting as to whether the pistol was loaded or not. Mr Dalley, for the defence, made a powerful speech, which occupied two hours and a half in the delivery. He called Mr Bertram! a liar of the greatest magnitude, a rivolous, cowardly, low, abandoned, sensual, babbling, lying, eccentric, depraved fellow, but not n murdcier. The Court, at the conclusion of Mr Dalley's speech, adjourned until Friday morning." The telegram of the next day is as follows :—: — " The Chief Justice's address to the jury in Bertraud's case lasted three hours. The jury were locket! up at noon, and the Court then adjourned till five 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 speedy verdict. lie 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* is said that nine are for conviction and three against it." The next telegram is dated the 18th and says : — "The jury, who were locked up yesterday evening in the Kinder murder case, were brought into court before the Chief Justice this morning, when the foreman stated that they found it impossible to agree. They were, therefore, discharged, after a long legal discussion, and the prisoner Bertrand was removed to his former custody iv Darlinghurst Gaol. Tie conduct of the prisoner at the close, as well as throughout the triai, was indicative of the greatest unconcern. He frequently paced the dock, and regarded the spectators in court with great composure. In the prison he has manifested an utter disregard of his perilous position, and exhibits a considerable amount of saucy

bravado before strangers. Ho 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. After the discharge of the jury the Court adjourned until Monday, at ten o'clock. It is expected that a fresh jury will lie empnnnclled to try Bertrand. Various rumours are cm rent as to the opinions of the jury. One juryman alleges thai 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 Fehrnary ami was continued on the 23rd. The telegram says: — "No new evidence of any importance has been given; but n repetition of the painful scene with Bertrtnd's sister (Mrs. Kcrr) 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 the 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 wo hours and a half came into court which was densely crowded, and gave a verdictof Guilty. Bertram!, on being called upon in the U' uil way t o say if h e had any cause to show why sentence of death should not be passed upon him, 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 Jpassing sentence of death upon the prisoner, expressed his full belief in his guilt. lie said that he lyul considered it somewhat doubtful after the first trial, but that the evidence on the second trial was conclusive against the accused, and he was now convinced of the justice of the verdict. The prisoner appeared cool and collected, though not manifesting nny of his former levity. lie said he was not afraid to die, and smiled to these about him after the sentence had been passed, The Chief Justice expressed an opinion that Jackson, who is still undergoing sentence of imprisonment for sending the letter to Bcrtrand threatening exposure, ought to be liberated, and that he did not deserve so severe a punishment. On the following morning Mrs Kinder was liberated trom custody, and discharged by proclamation ; the Crown law officers considering that the evidence was insufficient to establish her complicity in the murder. Bertram! has requested pennissisn for his wife to visit him, but the authorities entertain the apprehension that poison may be conveyed to him if the permission is granted, and their acquiescence ie, therefore, doubtful.