WEDNESDAY, Dec. 7.

Daily Southern Cross, Volume XVI, Issue 1277, 9 December 1859, Page 3

WEDNESDAY, Dec. 7.

Larceny. Bernard Dowd and John Dowd were again placed at the bar ; Mr. Hill this day appearing for the prisoners. Sergeant Evers was then put into the box to corroborate the testimony of Sergeant Major Syms. This I witness was subjected to severe cross-examination as to [ tbe words made use of by the prisoner Bernard Dowd, witness Btating 4 o'clock and the Serjeant-Major three o'clock that the younger prisoner was to say that his brother returned to the vessel; in other points there was no contradiction in the evidence. In. answer to Mr. Hill's question, how came the witness to be near the lock up, and if it were ÜBual for the Police to listen to what prisoners were saying in the lock-up, witness said there were an unusual number of prisoners in the look-up and he had orders to keep a good look out. Mr. Inspector explained- that several Hobart Town men, the seamen belonging to the "Jane," were in the lock-up, and that he had instructed the Sergeant-Major to keep strict watch near the place of their confinement.

His Worship said the expressions of Bernard Dowd' to have been made available, should have been noted down at the time. There was a discrepancy, indeed it would be wonderful if there was not, two or three days having intervened. Although there was a case of great suspicion against the elder prisoner, yet the evidence was not sufficient to warrant a conviction. Bernard Dowd was then discharged, and the police recommended to keep a sharp eye upon him; the younger prisoner was sentenced to three months' imprisonment, with hard labour.

Assault. Peter Healey was charged by Harriet Bowers with assaulting her by striking her in the mouth and knocking her teeth down her throat. Mrs. Bowers, giving her evidence in her usual manner, said that on Monday evening defendant came to where she was living and demanded admittance, and that in the struggle that followed he struck her in the face and knocked some of her teeth out. j Neither party had any witness to the assault. Defendant denied the assault, and said that he had been sent wjth a bottle of ale to her and was desired not to leave it without the money, he accordingly refused to let her have it unless she gave the shilling first, she then made a snatch at the bottle with such violence that her mouth and it came in contact and produced the effect her mouth then exhibited. Defendant went on to state that he rented a room in the same house at 4/6 per week, that he and complainant occupied the same room, and shared the same bed, why then should he have committed the assault ? Mr. Beckham— By your own showing you are living a most discreditable life. . Prisoner — Well, sir, she is a single woman, and I am a single man, and we made a match of it, wasn't that fair ? Ordered to pay a fine of £5, or to be imprisoned two months with hard labour.

Burglary. This morning Joseph Brewer was brought up charged with burglariously entering the premises of the Rev. David Jones, in Wellesley-street, who, on being sworn, said — I am a clergyman of the Church of England, residing in WeUesl»y-Btraet, Auckland ; yesterday mom- ' ing, about 3 o'clock, I was disturbed by the creaking of the door leading from my bed-room to the sittingroom ; I thought it might be my little dog, but subsequently I was led to believe it was a person entering the bed-room, apparently on his hands and knees ; I rose up in bed and extended my hands in the direction from whence the noise proceededy and my hand came in contact with a man's hand ; it was too dark to see anything ; the hand that mine grasped was immediately withdrawn, and the person went into the sitting room; I jumped out of bed, and endeavouring to leave the room I came in contact with the door and closed it upon myself ; I was a minute or two getting into the sitting-room, and proceeded to the withdrawing-room ; I heard the breaking of glass, I struck a light and found a window broken, by which the person had evidently escaped; I then found this, cap produced, in ihe sit-ting-room; it was not there when I went to bed; the person must have entered by lifting up one of the sashes of a window in the sitting room ; I found it partially open ; when I retired to rest it was closed. Serjeant Evers — Yesterday morning about a J-past 3 the last witness informed me that his premises had been burglariously entered, and that he had found this cap in the sitting room ; I then proceeded to endeavour to find the person, and I discovered" the prisoner at the corner of Cook and Vincent Streets, which is a short distance from Mr. Jones' house; as I approached the prisoner he laid down j I fqund that he had no cap on ; I apprehended him, and on searching him I found he had a slight scratch on the right wrist, and the left sleeve of his coat was torn. Cross-examined by the prisoner — You were not coming towards me when I was coming down Cook-street ; when you saw me you laid down ; I asked you where your cap was ; you said you might have lost it ; #qn told mejjthe last public house you were at ; as I was taking you to Mr. Jones' you tried to get-away from me? By the Court — J. don't know whether the cap fits the prisoner, I have not tried it on. , Bichard F. Hill said — The prisoner was. in my employ about tvf q years, ago j this ca.p produced I saw on the prisoner's head several times lately ; the reason I took so much notice of it is that I had lost some wearing apparel, and suspecting the prisoner, whenever I saw him I examined him closely to see if he had any portion of the stolen property on him. Cross-examined — The last time I saw you was a week ago ; you had this cap on ; I swear positively that 1 1 saw this cap in your possession. By the Court — Now I see it on his head I am more I convinced than before that it is the same I saw on his head a week* ago in the debtors' yard. The prisoner was remanded till to inqrro,w.