News of the tragedy began with reports of an inquest into the violent death of Henry Kinder on 7 October 1865. Kinder was an official at the City Bank and lived with his young family in a comfortable home on Sydney’s north shore. Originally an Englishman, Kinder had arrived in the colonies from New Zealand with his wife, Maria, two years earlier.
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The evidence presented at the inquest was of a man who was restless and excitable, smoked heavily, was careless about his personal appearance and anxious about unpaid debts. Bertrand, a successful Sydney dentist who saw the Kinders socially every day, deposed that Kinder had been drinking freely, that he had challenged Bertrand to a duel, and that he was jealous of his wife with everyone.
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According to Bertrand and Maria Kinder they had been in the Kinders’ drawing room with Henry Kinder and Bertrand’s wife Jane on Monday evening when Kinder suddenly shot himself in the head. Dr Eichler described having been called in around five hours later to treat a large laceration, which had caused Kinder’s ear to hang away from its proper place. The wound had torn his face open from the jaw to the temple. Eichler described his treatments before offering his opinion that the deceased was an imbecile. Kinder was awake and remained conscious throughout the week, lingering until the Friday when he died.
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The inquest into the death of Henry Kinder caused ‘some sensation’ at the time. But this was nothing compared with the outpouring of public excitement two months later, when Henry Bertrand, his wife Jane Bertrand and Maria Kinder were charged with Kinder’s murder. The sensation surrounding the case arose from the idea of ‘profligacy, and something akin to madness, occurring in a respectable circle’.
the respectability question found here
Those involved were young, good-looking, affluent and fashionable. Their relationships were wildly unorthodox and everyone who had come within their orbit had strange tales to tell. Maria Kinder was invested with a seductive malice and Henry Bertrand with deep eccentricities and charisma. Bertrand’s distinctive traits and peculiar behaviour added greatly to the case’s sense of intrigue, but perhaps most fascinating of all was his professed ability to control others using hypnosis.
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If analysts of the case loved to dwell on Bertrand’s dangerous powers of hypnosis, they were perhaps even more seduced by the idea of Maria Kinder as a femme fatale, whose passions had driven the men around her to insanity and murder. Perceptions of her magnetic sexuality, infidelity, gold-digging and cunning criminality coalesced with stereotypes of the evil woman that were circulating in the sensational popular fiction of the time.
Femme Fatale by Patrick Demarchelier found here
Maria Kinder first met Henry Bertrand as a patient at his Wynyard Square practice, and their relationship quickly evolved into an illicit affair. They did little to conceal it from family and friends, who seem to have looked on with a peculiar level of acceptance. They used Bertrand’s young assistant, Alfred Burne, as messenger and he carried letters between them.
Wynyard Square c 1938 found here
Shortly after the lovers met, Francis Jackson, another key figure in the case, arrived on the scene. He had been Maria Kinder’s lover in New Zealand and upon meeting again in Sydney, Jackson and Maria Kinder quickly rekindled their affair. During his testimony at the trial he described having orchestrated drinking sessions with Henry Kinder so that he could have his way with Maria when the banker fell unconscious. Meanwhile Bertrand sought to play his rivals, Jackson and Kinder, against each other. He tried to incite Kinder to violence and then threatened to implicate Jackson in Kinder’s death if he remained in Sydney. To get him out of the way, Bertrand offered to pay Jackson’s passage back to New Zealand and Jackson took the money and departed, but travelled only as far as Maitland in regional New South Wales.
Maitland floods 2007 found here
Meanwhile, Bertrand was also plotting against Kinder. He asked his assistant, Alfred Burne, if he knew where a pistol could be bought, and they arranged to purchase one from a city pawnshop. Bertrand turned up disguised as a woman. The next morning Bertrand asked Alfred Burne to buy a sheep’s head from the butcher. Back at his Wynyard Square surgery he cast his own bullets before testing them out by firing at the sheep’s head.
sheep’s head found here
Just two weeks later Kinder was dead. According to Jane Bertrand’s testimony, she and Maria Kinder had been standing by the window arranging flowers when they heard a shot. They turned to see Kinder drooping in his seat by the piano, a pistol falling from his hand, Bertrand standing over him. Dr Eichler was sent for and arrived a few hours later. Kinder was conscious but sank into a wordless stupor when the doctor told him to put his affairs in order.
flower arrangement found here
The next day, Eichler examined Kinder again and found him much improved. That evening at the dental surgery Bertrand showed to Alfred Burne a phial of white liquid, telling him it was the poison he would use to murder Kinder. On 6 October Kinder died.
Following the coroner’s inquest into Henry Kinder’s death, Bertrand and Maria Kinder continued their affair. She came to live with Bertrand and his wife, who was sometimes forced to share a bed with the lovers—a salacious detail that generated nearly as much moral outrage as the murder itself.
Meanwhile, Bertrand received a letter from Francis Jackson attempting to blackmail him by threatening to expose his relationship with Maria Kinder and his involvement in Henry Kinder’s death. Bertrand’s surgery was searched and his diary, a bottle marked poison, a pistol, gunpowder, caps and a tomahawk were seized. Bertrand was charged with murder.
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Despite testimony that she had mixed the poison that had killed Kinder, a charge of murder against Jane Bertrand was dropped. Maria Kinder, likewise, escaped further prosecution due to lack of evidence. Bertrand was tried alone. After deliberating for twenty hours without reaching agreement, the jury was dismissed. A second trial began and was concluded the following day. This time the jury returned a guilty verdict and Bertrand was sentenced to death.
The Kinder Tragedy was described as the greatest criminal case on record in the Australian colonies. Keeping interest in the case alive was the fact that Bertrand had evaded the death penalty. From time to time he was moved to a new prison, and a fresh spate of newspaper articles recalling the case would appear. New Zealand’s Wanganui Chronicle reported in September 1879 that he had been relocated to Darlinghurst, and was ‘considered a valuable acquisition to that institution’. Maria Kinder made the news just once after the trial had ended, in July 1867, when she announced her marriage to a Mr Stanley Williams of Greymouth, New Zealand.
Darlinghurst jail, now the National Art School
By far the greatest rekindling of interest in the case, however, came in 1894 with Bertrand’s release after twenty-eight years in prison. Maria Kinder was dead by then. After a night or two spent at the Hotel Metropole in Sydney, Bertrand left Australia for good. It is believed he went to live under an assumed name in Paris.