Saturday 10 Apr 1819 (p. 4, col. 1-6) GAOL DELIVERY. [continued] CATTLE STEALING. ADAM MURRAY, aged 37, charged upon oath with feloniously stealing a Heifer of the value of five pounds, the property of James REA. Previous to the commencement of this cause, Mr. COURTENAY, for the prosecution, requested his Lordship to grant him a list of the witnesses for the defence, which was complied with, and notice was given, that if any of them were found to have been in Court during the progress of the trial, they would not be permitted to give evidence. Mr. AGLIONBY for the prisoner, made a similar request, and the like notice was given to the witnesses for the prosecution. Mr. COURTENAY, in his opening address to the Jury, observed that the prisoner was charged with a capital offence, and he entreated their utmost attention to the evidence, for, from what he understood would be the nature of the prisoner's defence, this was especially necessary. Mr. REA, a cattle-dealer in this neighbourhood, lost two heifers on the night of the 12th of December last, from a field in the vicinity of Carlisle. One of these animals was afterwards found in the possession of Mr. COMMAN, a farmer, at Burnmouth, near Newcastleton, and this person would prove that he bought it of the prisoner: it would likewise be proved that the prisoner was at Carlisle at the time that the heifers were stolen: that fact was most important, and the jury would not fail to note it. The prisoner had endeavoured to account for the possession of the stolen property in a great variety of ways, but no two of his stories agreed. He told several persons that he bought it on Carlisle Sands. On the 30th of January, he published an advertisement in a Carlisle paper, under the head of "False Report Detected," in which he said—"On Monday the 21st of December last, as Adam MURRAY was on the road from Carlisle to his residence at Newcastleton, N. B., as he was passing through the Village of Westlinton, a genteelish looking man was driving a cow, in calf, out of a field into the road; the man accosted MURRAY, and asked him if he would buy a cow? demanding five pounds for her: after some haggling, the bargain was made for four guineas. The cow was subsequently sold to Mr. Richard COWMON, of Burnmouth, to good advantage. Three weeks after the purchase of the cow, Mr. James REA, of Wheelbarrow Hall, in the vicinity of Carlisle, claimed the cow as being one which he had lost, and she was given up to him. A false, and perhaps malicious, report was now circulated, that Adam MURRAY had stolen the cow, which induced him, on Monday last, to have an inquiry instituted into the affair before a magistrate, in Carlisle; and he was enabled to bring forward two men who were present when he made the purchase, the fact of which they substantiated on their oaths before Doctor HEYSHAM." On his examination before the magistrate, he said he bought the heifer before the door of Thomas LAMBERT's public house, at Westlinton; and now, Mr. COURTENAY understood, he was about to produce a witness to swear that the heifer was bought between that village and Carlisle. He entreated the jury's attention to these contradictions, and to dates. James REA is a cattle-dealer, and lives at Wheelbarrow-Hall, near Carlisle. On the 26th of November last, was at Down fair, near Stirling, where he bought 150 head of cattle, mostly highland heifers. One lot of about 20 were marked with tar on the left or near side, near the end of the ribs. By his order, and in his presence, his servant DIXON put another mark, also tar, on the other side, near the tail; it was a smitch about the size of two fingers, with which it was done. He is used to cattle, and can readily distinguish one breed from another. From Down, witness attended his cattle to Moffat, and then confided them to the care of DIXON, with orders to be at Carlisle on Friday the 11th December. Witness then went into Yorkshire, and when he returned home on Wednesday the 16th, two of the heifers were missing. He issued hand-bills, and made other exertions for their recovery, but without effect. On the 11th or 12th of the next month, January, in consequence of information, he went into Liddesdale, to a farm called Burnmouth, occupied by Richard COMMON or COWMAN; this place is about three miles from Newcastleton, and 21 or 22 from Carlisle. Witness saw COMMON's stock, and found among it a black-brown heifer which he knew to be one of those he had lost. The tar mark which he had seen his servant put upon it had been cut or shaved off as if by a sharp instrument; the old mark was in a perfect state as when he bought the beast at Down-fair. Among COMMON's stock he also saw a black Irish heifer which he knew, belonging to one M'HENRY, that had also been stolen.* After having discovered his heifer he went to COMMON's house, where he found the prisoner. He said to COMMON in prisoner's presence, that he was sorry to see among his stock, cattle that should not be there. COMMON immediately said he bought them of prisoner, and remarked that it was wrong in him to sell his nearest neighbour things improperly come by. Prisoner said he had bought them on Carlisle sands; the heifer of a highland lad named RIGG or RIGGS, and the other from a person named CRAVEN. Witness replied that prisoner never could have bought his heifer upon Carlisle sands, for it was never shown there. He maintained that he had—and at this period COMMON left them. Witness told prisoner that he undoubtedly came wrongly by them. Prisoner paused and said nothing. Witness insisted, and expressly said that he believed prisoner was the man who had stolen his two heifers. Prisoner then replied that if witness would drop it, he, prisoner, would pay, or witness should be paid, for the other which witness had not recovered, and that he would pay COMMON for the heifer which witness had found. Prisoner went away (as he said) to get the money; witness waited an hour for him; but as he did not return, he and his man drove the heifer homewards. The animal was worth about £7, which was the price witness ultimately procured for it. [* This formed no part of the present charge and was only thus incidentally brought before the Court.] Nothing particular came out in cross-examination, except the fact that MURRAY did not leave the country, but remained openly till he was apprehended. John DIXON is the servant of Mr. REA, mentioned in the foregoing evidence: he corroborated his master in every particular up to the arrival of the drove at Moffat. Witness then came on with the cattle to Carlisle (except 26 left at Evington, near Moffat, which all subsequently arrived at Wheelbarrow Hall) where he arrived on Friday the 11th of December, and he put them for the night into Rickerby Holme, near the new bridge—he counted them and they were all right. Saw them again on Saturday morning, and they were all correct; he counted them again between two and three in the afternoon, and they were then right: they were not exposed for sale on the Sands that day. On Sunday morning, about daylight, when he went and counted them again, two were missing; he saw the prisoner on Carlisle Sands in the course of the Saturday.—This witness went into a long detail of the manner in which he marked the cattle, and gave various satisfactory reasons why he knew the recovered heifer to be his master's: one was, that in driving her to Carlisle, she frequently lagged behind, and this made him observe her particularly, for he thought her with calf. He corroborated his master in some important particulars relative to the admissions made by the prisoner at COMMON's. Adam HEATLEY is herdsman to Mr. ELLIOTT, who lives on a farm in Liddesdale called the Flatts. He was at Carlisle cattle-market on the 12th of Dec. On Tuesday following, the 15th, prisoner came to him at his house at Gillside, in the forenoon, and said he had the night before put an heifer into the field which witness had charge of, and observed that he was going to get liberty of Mr. ELLIOTT's factor for the animal to remain there two or three days. Prisoner told witness that he had bought her at Carlisle (witness believes he said on the Sands) of one Mr. RIGG, an highland-man. The heifer remained in Mr. ELLIOTT's field till the 22nd, when the prisoner took her away.—Witness very accurately described the marks upon her to be the same as sworn to by the preceding witnesses; the tar near the HEAD of the tail (as the witness DIXON had described it) was not then shaved off. [to be continued]