Saturday 28 Aug 1819 (p. 2, col. 5 - p. 3, col. 5) Cumberland Assizes, 1819. CROWN COURT. [continued] CHARGE OF SHEEP STEALING. EDWARD BARNES, and EDWARD JOHNSTON, were charged with stealing one lamb on the 16th June last, in the parish of St. Mary, Carlisle, value 10s., the property of Richard LOWRY, Esq., of Durnhill. The prisoners pleaded not guilty. Mr. POLLOCK for the prosecution, Mr. WILLIAMS for the defence. John ORR is a private soldier in the carbineers now quartered in Carlisle. He was out on the night of the 16th June, and coming up Scotch Street, with one of the 7th Hussars, and two girls, saw the prisoner walking six or seven yards before another man, but they had nothing with them. The lesser man, BARNES, asked witness why they were out of their quarters, who answered, "Go to hell, and not interfere with our business." BARNES wanted to fight with LEGGETT the hussar-man, threw off his coat, and asked JOHNSTON to come and back him. LEGGETT then struck BARNES back to where a lamb was lying, at the end of Rowland BOUSTEAD's house, in Jollie's Buildings-but the prisoners were 100 yards off the lamb when the affray began. Witness then took hold of the lamb, trailed it into the street, and brought the prisoners to it-it had been stuck, and was then warm. BOUSTEAD looked out at the window, and told the soldiers to take the prisoners into custody, which they did, and lodged them in the guard-house. Cross-examined by Mr. WILLIAMS.-When witness first saw the prisoners, one was going to where the lamb lay; they appeared to be coming from the horse-market to Scotch Street, through Jollie's Buildings; they were between a walk and a run. The lamb was found at the corner of Jollie's Buildings, which is the bottom of Scotch Street; saw no body with a lamb in their hands; there was no person in the street but the prisoners; the lamb was dead, and the time was between two and three A. M. When the prisoners were taken to the guard-house, Corporal HALL examined if their hands were bloody, but they were not. William LEGGETT is a private in the 7th Hussars. Was with ORR and three girls on the night in question. One of the girls observed that two men had a sheep. Witness then saw the prisoners, who were 30 or 40 yards from the lane. ORR was in the front, and witness followed a few yards behind. When he met the prisoners, they were walking at a regular pace, and were coming towards where the lamb lay. BARNES stopped witness and said, "Where the devil are you going at this time of the morning?" Witness asked him what business that was to him. Angry words ensued, and BARNES threatened to kick witness. ORR was at a little distance forward, and, returning, picked up two stones, and was going to strike BARNES for being insulting. Witness then put ORR back, saying, "Don't strike the man, perhaps you may kill him." The young man showed a great inclination to fight. He did not see any other men in the street than the two prisoners-they were coming towards the lamb when witness saw them, but one of the girls saw them first. Cross-examined.-He had no suspicion at the time that the men were the persons who stole the lamb: he was not drunk. The corporal examined the prisoners' hands to see if there were any blood or wool about them, but none were seen. Neither could witness see any marks of either of the prisoners having had a lamb upon his back. Witness wished to let the prisoners go, but the young men insisted on going to the Guard House. Mr. WILLIAMS. You said there were three women present; were there three? Yes. Mr. W. One you had as an advanced guard? Yes, one was by herself; but if there had been another soldier, then she would soon have got a companion, I'll assure you. Mary HEWITT was the first woman (the advanced guard). She left the two soldiers and went on about ten yards before. She saw two men coming down with a sheep, which they were trailing along Jollie's Buildings, near the corner-she thinks both were trailing it. Witness called out, "Holla, is that the way you do?" The soldiers then came up-she told them there were two men with a sheep, and the soldiers ran after them and took them. Witness then went home and saw nothing further: there were no other men in the streets. Cross-examined.-She had been walking with the soldiers two or three hours. Can't say that the prisoners were the men she saw. When she spoke, the two men ran back again. John NORWOOD, shepherd to to Mr. LOWRY, proved the lamb to be that gentleman's property, and that it was taken out of the Swifts, about 200 yards from Jollie's Buildings. Rowland BOUSTEAD is a butcher, and lives at the corner of Jollie's Buildings. On the morning in question, hearing a noise, he looked out of the window, and heard one of the soldiers say to the prisoners, "You have stolen a sheep." The whole were standing in Jollie's Buildings. He told the soldiers to take the men prisoners to the guard-house, and he, he said, would come and see to whom the sheep belonged. He did so: the lamb was newly stuck, was warm, and the blood was running from it. Cross-examined. The sheep was as well stuck and tied as any butcher could do it, and in the same manner. A person from the neighbourhood, named GOODFELLOW, who jobbed at butchering, was missing soon afterwards: he lived about 60 yards from where the lamb was found. Witness examined the prisoners' clothes, and found neither blood nor dirt about them; and he said to the corporal, he believed they were innocent. This was the case for the prosecution. BARNES, in defence, said they were innocent. They had not been out of a public house five minutes when they came down Jollie's Buildings. William MORLEY is a publican in Botchergate, which is half a mile from Jollie's Buildings, the nearest road to which is by the horse market. The prisoners were working in some new houses behind the North walls of the City. JOHNSTON lodges with E. BOUSTEAD, on Caldewbrow, and BARNES lives near the New Brewery in Caldewgate. Witness worked under the same master as the prisoners, and were working seven days in the week at that time; they began at five in the morning, and continued till seven at night. Prisoners were at witness's house till 10 m. past two (by his watch) on the morning mentioned. Cross-examined. There is a nearer way to where the prisoners lived than by Jollie's Buildings; they told witness they were going to the houses where they worked, and to go to them through Jollie's Buildings is the nearest road. Is sure the time was as he stated-his watch was within a few minutes of the town clock under or over. Joseph HALL, the corporal alluded to, remembers the prisoners being brought to the guard-house, at a quarter past two, on the morning of the 16th June. The guard-house is in the centre of the town, and he saw the time by the town-clock. He examined the prisoners closely, and saw no marks of wool or blood upon them; they were quite willing to be examined, and turned up their cuffs for that purpose. ORR was in the guard-room at the time, but the hussar was not: the guard-room not being light enough, they were taken to the door and examined. The Judge having summed up, the Jury instantly acquitted the Prisoners, and Baron WOOD considered their innocence completely established. [to be continued]