THE KINDER AFFAIR.

Oamaru Mail, Volume IV, Issue 1255, 26 April 1880, Page 2

THE KINDER AFFAIR.

It ia reported on good authority that the Executive Council of New South Wales has decided to liberate Egrtrand, the who, some ftfteen years ago, was sentenced to death for the murder of Mr. Henry Kinder, the paying teller of the City Bank of Sydney. Mr. Kinder had been well and favorably known as a bank official,in Wellington, and therefore his tragic end'caused considerable excitement in this Colony as well as Australia. This case was surrounded by so many strange details as to appear almost like the lucubrations of some agony writer in a penny diabolical. A short authentic epitome of the case may not be uninteresting to our readers, more especially as by the assistance of the Discharged Prisoners' Aid gociety, New Zealand may possibly be favored with a visit from this notable character. Mr. Kinder resided near Sydney, in thebeautiful and"romantic suburb of St. Leonard's, North Shore.' Bertrand was a dentist carrying on his

business in Wynyard Square. Bertrand and Kinderwere on visiting terms. Kinder had left New Zealand in debt, and threats of legal proceedings caused him to become so downcast that he eventually had to obtain leave of absence from his banking duties. A few days after, it was bruited about Sydney that Kinder had been shot in the side of the head accidentally, but that, under the care of Dr. Eichler, a leading medical practitioner in Sydney, he was rapidly recovering. Then came the announcement of Kinder's death.

An inquest was held, and a verdict of accidental death returned. But now comes the strangest phase of the affair. A person named Jackson, formerly a squatter in New Zealand, who had been one of Mrs. Kinder's particular friends, and of whom Kinder was very jealous, had well-nigh ruined himself in Sydney, and wrote a lengthy, letter to Bertrand, in which he threatened that if Bertrand did not give him enough money to pay for a passage back to New Zealand, a charge would be made by him against Bertrand for murdering Kinder. Bertrand at once handed this letter to the police, and Jackson was arrested and sentenced to penal servitude by Judge Hargraves for sending a threatening letter. Through some divulgences made at and after the Bertrand wa3 suspected of carrying on a liaison with Mrs. Kinder, and, eventually, through some other statements made to the police, Bertrand, Mrs. Bertrand, and Mrs. Kinder were arrested and charged with murdering Kinder. Bertrand only was put upon his trial. The jury, on being called upon for their verdict, was at. first equally divided ; on a final division, some hours subsequentally, there were nine for acquittal and three for guilty. The jury was then discharged, and Bertrand was again tried. Between the date of the first and second trials a moat diabolical rumor was generally circulated to the effect that Bertrand had been guilty of fearful secret crimes whilst prosecuting his profession as a dentist, knd that a private diary in his handwriting fully detailing these crimes had been discovered by the police. This horrible and improbable rumor obtained very general belief, and when the second trial came off Betrand was found guilty and sentenced to death by Sir Alfred Stephen. An arrest of judgment was applied for by Mr. Julian Salaman, then a rising member of the Bar, who, being of the same faith as the prisoner, had a double incentive to exercise all his skill and eloquence. The Full Court, by a majority, permitted an appeal to the Privy Council on the ground that the Judge at the second trial had acted illegally in reading his notes taken at the first trial of the witnesses' evidenoe to them as they were sworn. Sir Alfred Stephen was much hurt at this, and stated that he had taken this oourse in order to save time, and with the consent of the Crown, the counsel for the prisoner, and the prisonet himself. Mr. Salaman at once TO' torted, "Then an ignorant judge, weafo and incompetent counsel, and a trembling prisonerj can upset the whole of the English laws.". .This quite electrified the Court, and Mr. Salaman gained his point. The Privy Council, while condemning the action of Sir Alfred, upheld the conviction, but the Executive Council remitted the sentence of death to that of imprison' ment for life, which is usually considered, in New South Wales, to mean, in the caae of a well-conducted prisoner, imprigonmenl for fifteen years, which time has nofl expired- The proofs of the guilt ol Bertrand were very faulty. Dr. Eichlei proved that he conversed in German wit! Kinder about the shooting, and thai Kinder said, "It is a severe blow that ] have given myself." Other witnesses were at hand to prove that Kinder had threatened to blow his brains out, yet Mr, Dalley, who defended Bertrand, decided, in order to prevent the Crown from replying, not to produce evidence, and the rumor above alluded to, which by th< way was afcerwards proved ~to b( unfounded, was so generally believec that the jury at onee convicted th« prisoner. Now the general belief is that Bertrand was entirely guiltless oi Kinder's death. But there is a strong suspicion still that his conduct toward' Mrs. Kinder may have indireotly deprived her of her husband, At all events, he haf paid the penalty of suoh an offenoe. Ir New South Wales all prisoners undergoing a sentence of from three years upwardi serve the first nine months in strict soli' tary confinement in that horror of crimi nals, Berrima Gaol. Bertrand, qhdep thl' treatment, went insane, afld waa for abaul ,six years an inmate of the Qriminal Lunatic Asylurn in Parramatta 5 and Mr, Salaman, who so cleverly pleaded for ar "arrest of judgment," also went mad shortly after obtaining the order for ar appeal to the Privy Council, and, £ few years ago, Dr. Eichler, the surgeor who attended Kinder, became similarly afflicted.