THE EXTRAORDINARY MURDER IN SYDNEY.

Southland Times, Volume III, Issue 226, 9 March 1866, Page 3

THE EXTRAORDINARY MURDER IN SYDNEY.

{Continued from Southland Times, March 5J carefully examined the contents of the stomach after exhumation, discovered no poison, but said, however, that it was not inconsistent with the result of his analysis that death, which occurred two mouths previously, should be caused by poison, of an organic nature, vegetable poisons being very rapidly decomposed in the stomach. Mr. JDalley addressed the jury for the defence, pointing out iv limine the more than ordinary necessity in the present case for the jury to divest their minds of all prejudices, however loathsome or foul plight be the impressions from circumstances so atrocious and revolting as those elicited in evidence, and to give a solemn, calm, nay religious consideration to what had been brough before them. There was this peculiarity in the case, that prisioner was tried on his own admissions. The theory of the prosecution was that prisoner, having been insanely impassioned of Kinder's wife, determined to possess her, even at the cost of the husband's life; but seeing that without this sacrifice he had possessed the woman, the basis of the theory was utterly struck away. Proceeding to analyse the evidence, he referred to the extraordinary but unreliable and uncorroborated testimony of Burne. If he decided destruction of Kinder it was highly probable that, with his hnowledge of subtle deadly poisons, he would have gone through this filthy, vile melodramatic process of accomplishing the murder. This witness must have had his facts from the wretched melodrama he was in the habit of performing, not from actual life. If it be true, prisoner must have in his life carried on an extravagant career, only in keeping with the most scrofulous of French novels. But when he heard all this gasconading about prisoner's armours and adventures, he himself treated it as mere trash, unworthy of credence. It was not contended that prisoner was insane ; if he perpetrated the crime he had no such insany as would exonerate him from the operation of the law, but he was sufficiently insane to relieve him from any significance being attached to the extravagant statements he so frequently made. The sister's testimony showed that he was capable of lying assumptions of power supernatural and physical, that only the wildest maniac would pretend to exercise. After some remarks ontbe general character of self accusing evidence, the learned cocnsel urged that as so many men of position and previous reputation had invoked the tribunals by the publication of pretended crimes, some consideration might be reasonably allowed the miserabls utterance of a wretch proved to be a liar — a man to whose declarations of his own criminality as a witness, who had known him for years, attached not the least importance. "Without attempting to damage the credibility of Jackson's evidence, he pointed out that the action taken by Bertrand on the receipt of the letter he sent was anything but that of a man conscious of guilt ; he might, if a 7nurderer, have quietly taken the apology offered, but he chose by prosecution to go into the midst of the police and accept the investigation of a court of law. In the madly wild gesticulations assumed by the prisoner to terrify women, there might have been this idea — I am not fascinating, nor rich, nor famous, but I will undermine their chastity with ingenuity and power, by terrifying them into acquiescence, by convincing them that I am a devil in infamy and agency. He was not a murderer ; murderers were made of sterner stuff. They did not babble of their crimes -. the characteristic of such criminals was secrecy and stealth, not blabbing of the blood they had shed. If the jury believed the tales he told of the murder, how would they determine the mode in which it was accomplished ? He stated that Kinder shot himself, next that he put the pistol treacherously in Kinder's hand, that he himself shot Kinder, -and again that he poisoned him. The diary would show the extraordinary nature of this man's mind, how utterly "worthless were his declarations — and how all truth-speaking had gone from him. There was an irresistible argument in the absence of Mrs. Kinder's testimony in this investigation. The diary was written for her eyes alone; in that he poured out his nature ; it was a revelation of the soul. He would abandon his wife, did not care for his children, this adultress being all that he desired. But it was impossible there was a. bond of love between them, for if the theory of the prosecution be true, the bond was ene of fear of impending justice. The case might be stripped of any consideration with regard to the pistols purchased by Burne. The pistol by which the injuries were inflicted was undoubtedly that produced at the inquest, and which it was admitted was that' prisoner gave to Kinder. Another point, if looked at calmly and dispassionately, would justify any jury in pronouncing a verdict of " Not Guilty." If between the time Kinder received the wound and the time of his death any human being went into the house, and Kinder being sane did not say that he was shot by Bertrand or some one else, the case for the Crown must fall to the ground. He must have known .vhether he was shot or not, and he had several opportunities of making it known. If the prisoner had determined to murder this man, he would have let him bleed to death : but he did all a non-professional man could do to preserve life. The learned counsel lastly dessected the medical evidence as to the wound,- to which he contended little importance could be attached, not only on account of its indecision, but as it admitted the equel possibility of the wound being inflicted by deceased or by anyone else. There was no proof that he died of poison, The learned counsel concluded his address by exhorting the jury to weigh well the matters he had submitted, to listen attentively to the charge from the Bench, and expressed hia conviction that they would satisfy their consciences, and by thei? verdifit; Aq .Justin tfj (uwifity

Mr. Butler rose to, reply, when the counsel for the defence objected, on the ground of a decision by the Supreme Court, that counsel prosecuting for the Crown without a commission, was not entitled to reply. In compliance with a snggestion by his Honor, who was in doubt on the point, the counsel for the Crown consented to waive his right of reply. • The jury, being consulted on the subject, preferred to take his Honor's charge to-morrow (Friday) morning. The Caurt adjourned until nine o'clock to-morrow morning. The counsel for the defence having been heard ? His Honor the Judge, in a very clear and impressive manner, made his charge, reviewing the evidence, and pointing out the items which were most pertinent to the question. The jury retired, but after being, locked up for a night were not able to agree to a verdict, and were discharged. On the following day Bertrand was again brought up. — Mrs. Kinder not — upon the same charge. No fresh evidence of any consequence was adduced. The Crown and the prisoner electing to have the judges notes read over and sworn to as evidence. Even this process occupied two-days. The evidence and re-examina-tions being concluded, Mr. Dalley addressed the Jury for the defence, and Mr. Butler having replied, his * Honor summed up. The Jury retired about a quarter-past six o'clock. At a quarter-past 8 o'clock, the jury returned into Court with a verdict of guilty. Prisoner, when asked if he had anything to say why sentence should not be passed upon him j made a protestation of his innocence, pointed out several minor matters that had not been urged in his defence, complained of not having the benefit of the evidence of Mrs. Kinder Mrs. Bertrand, and Mr. Woods. He declared that his sister had perjured herself. He concluded by saying that he did not care for life, and that his only object in making this statement was to do justice to his family. His Honor expressed a disregard of his protestations, and referred to a statement that had been made by his wife, in which she declared his guilt, and detailed * the mode in which the crime was accomplished. He was sentenced to death, and was informed that there was no hope of mercy on earth. During the latter proceedings, the Court was densely filled, and a silent attention was given to all that transpired. The prisoner demeaned himself with almost entire selfcomposnre, und left the dock without the least emotion.