544. THOMAS SHORTLAND proceedingsdefend and GEORGE PARSONS proceedingsdefend were indicted, the first for feloniously stealing, on the 18th of July , twelve pounds weight of soap, value 6s. the property of Samuel Cleaver proceedingsvictim .

Second Count. Laying it to be the property of Thomas Lucas proceedingsvictim ; and George Parsons for receiving the same goods, knowing them to have been stolen .(The case was opened by Mr. Knapp.)

SAMUEL CLEAVER < no role > sworn. - I am a soap manufacturer , and live in Tottenham-court-road; in consequence of some information, I learned that I had lost some property; I had received an order from a person of the name of Lucas, an oilman, in Bloomsbury-market, a customer of mine, and has been for twenty years, for 3cwt. of soap; I weighed it in the presence of my son Samuel, and desired he would assist me; I then had ready prepared a number of small plugs of wood; I first counted the number of cakes that composed this 3cwt. of soap; it consisted of 113 cakes, and three pieces; I then, in the presence of my son, put a plug into each cake; and into each of the three pieces, and in order that I might be perfectly clear, I dipped each plug in ink; the prisoner, Shortland, was at that time gone to his dinner; in short, I had sent all the men home to dinner? he had been a servant of mine upwards of six years, to the best of my recollection; when they were plugged, we put them into two boxes; he had, at the same time, 6cwt. of soap for another customer, a Mr. Buxton; 3cwt. of them were put into boxes, and the rest corded up, I believe, for the Duke of Bedford.

Q.Did you put any mark upon them? - A. No, I did not; when Shortland came in, he was desired to put his horse to the cart, and take out the goods; he put Mr. Buxton's in first, because Mr. Lucas's was the first place of delivery; I then desired both my sons to watch the cart to the house of Mr. Lucas; I did not see the goods put into the cart; I saw them put into the boxes; I had got a search warrant, and I went with the warrant and the constable, Donaldson, and one of my sons, William, to a house in West-street, Seven Dials, where I had an opportunity of seeing Mr. Parsons's door; the house I went to was Mr. Bradley's, within two or three doors of Parsons's, where I expected there would be a delivery of soap; I had not been there long, when I saw Shortland come with his cart.

Q. Where does Mr. Buxton live? - A. In Bedford-street.

Q. Is West-street in the way from either of them to your house? - A. It is not the direct way, but it is not much out of the way; he came out of the cart, and went into Parsons's house.

Q. What did there appear to be in the cart at that time? - A. Nothing but boxes and baskets, and a tarpaulin; he went into the house, and stopped there about two minutes.

Court. Q. Did he go there upon any business of your's? - A. None; he then went to the tail of the cart, and took out of one of the baskets a bundle tied with a dirty apron; he took it into the house of Parsons, and stopped, as near as I can guess, half an hour, or full that; he then came out, got up into his cart, and drove away; as soon as he was out of sight of Parsons's house, I went into Parsons's house with the constable, and a search warrant.

Q. Did you see the prisoner, Parsons, there? - A. Yes; and his wife and another very elderly woman; Donaldson said, we are come to search your house, Mr. Parsons; he asked, for what; Donaldson said, for soap; Parsons's reply was, that he had no soap, desired to know by what authority he came, and insisted upon seeing it; the constable produced the search warrant, and he and my son then proceeded to search the house; I stood at the door, and saw what passed; and underneath the counter, in one corner, the soap was found.

Q.When the soap was found, was it found open, or in a cupboard, or in any thing? - A. I cannot say; the soap was produced; I examined it to find the plugs, which I did.

Q.Where was Parsons at the time you were making this search? - A.Present all the while; after the soap was found, he said, he had bought it for his own use, he had given a fair price for it;he said he had given ninepence halfpenny a pound for it.

Q.Was that a fair price? - A. That was the price at which soap was retailing at that time; I then called for a hackney-coach, and conveyed him to my manufactory, in Tottenham-court-road, with intent to take my man; the constable took the soap under his care.

Q. You saw him take it in with an apron wrapped round it? - A. Yes.

Q. Did you see any thing of the apron when the soap was found? - A. No; when we got to the manufactory, Donaldson and I got out of the coach, and left my son William in the coach with Parsons; I found Shortland in the stable, cleaning his horses; I then gave him in charge to the constable.

Q. Did you give Shortland to understand the nature of the charge against him? - A. No.

Q. Did he say any thing at that time? - A. I do not recollect that he did; we put him into the same coach with Parsons, and went with him to Bow-street; they appeared total strangers to each other when they were in the coach.

Q. Was your name upon the cart? - A. Yes, and where I live.

Cross-examined by Mr. Gurney. (For Shortland). Q. You have several servants in your manufactury? - A. Yes.

Q. Have you been in the habit of suffering several of your men to have had soap, and then they accounted for it to you when they received their wages on a Saturday night? - A. I believe this man, and some others, may have had as much as seven pounds of soap for their own use now and then.

Q.When they have it, whether they put it to their own use or sell it, it is equally their property? - A. They always have it in pieces when they have it that way, to have it cheaper; it is the same kind of soap, but not in cakes.

Q. You have now, I believe, a man in your service of the name of Pugh? - A. Yes.

Q. Have not you suffered Pugh to have fourteen pounds of soap in a week? - A. I cannot say fourteen pounds in a week, he has had several fourteen pounds at various times.

Q. And accounted for it when they received their wages? - A. Yes.

Q.What day of the week was this? - A. I think it was on a Tuesday, I cannot be positive.

Q. Then you did not wait till the Saturday night? - A. Not with him, I did not.

Cross-examined by Mr. Fielding. (For Parsons). Q.Ninepence halfpenny was a fair price for it? - A. For a single pound; if they take seven pounds; there is an abatement.

Q.When you went to Parsons's, you told him you came to search his house? - A. Yes.

Q. He was alarmed in consequence of it? - A. Yes.

Q. As soon as it was found, he said, he had bought that soap, and given nine-pence halfpenny a pound for it? - A. Yes.

Q. How much might there be of this soap? - A. I should imagine about twelve pounds, there were four cakes; they generally run about three pounds a piece.

Q.And the parcel you sent out to Mr. Lucas, was one hundred and thirteen cakes? - A. Yes.

Q. You searched the house thoroughly? - A. I was satisfied with what was found, but the woman was going up stairs, and the constable desired my son to follow her, and I followed her, but we did not find any; the woman did not behave quite as well as she might have done.

Q. You had reason to suspect that you had lost a great quantity of soap? - A. Yes.

Q. However you found nothing upon the premises of Parsons, that involves him in the suspicion of having any more than these four cakes? - A. Nothing more.

Q. He told you at once that he had bought it, and given that price? - A. Yes; when it was found.

Q. You had directed your attention to the house of Parsons, and saw your cart stop there the first time? - A. Yes.

Q.Parsons did not come out of the house to Shortland, but Shortland went into him? - A. Yes.

Q. Therefore you cannot say that Parsons could see what name was upon the cart? - A. It is impossible for me to say whether he saw it or not, but I have a bit of paper in my pocket, that if you will take the trouble to look at it, I am sure will convince you that he did see it.

Q. What might be the worth of the soap at that time? - A.Nine shillings; but he could never fell it for the money.

Q. Is Parsons a married man? - A. I understand so.

Q. Did you see any children? - A. I think there was one in a cradle.

Mr. Knapp. Q. When you let your servants have soap, it was in pieces, and not in cakes? - A. Yes; but I understood from Pugh, that he had several acquaintances, and be would sometimes have it in pieces and sometimes in cakes.

Q.But did you ever, when you let your men have soap, put plugs into it? - A. No.

WILLIAM CLEAVER < no role > sworn. - Examined by Mr. Knapp. - I am son of the prosecutor; I was present when the soap was plugged, and when it was put into the boxes; in consequence of directions frommy father, I followed the cart into Bedford-square, then the prisoner, Shortland, got up into the cart, and seemed very busily employed about the boxes, sitting upon them and using his hands, but I could not perceive, being at a distance, what it was he was doing; I continued following of him, and in Hart-street, Bloomsbury, just before he got in sight of Mr. Lucas's house, he got out of his cart and walked by the side of his horses; he then stopped at Mr. Lucas's till he had delivered the soap; he left Mr. Lucas's house with the boxes in the cart; I immediately went in to Mr. Lucas, and assisted him in weighing the soap; we found twelve pounds short of weight, and four cakes short in number; I left Mr. Lucas, and went with my father and the constable to West-street.

Q.When you got to parson's house, did he say any thing? - A. We told him we had a search-warrant to search his house; he said, what for, and the constable immediately made answer, for soap; he said, he had no soap; I found the soap under the counter, standing up end ways, as if it was put there out of sight, amongst some old iron.

Q. You went with your father up to Tottenham-court-road, to take Shortland? - A. Yes; and while the constable and my father got out of the coach to take Shortland, Parsons said to me, he could take me to the shop where he bought the soap.

Cross-examined by Mr. Fielding. Q.Parsons seemed very much confused when he saw the constable and you? - A. Yes; he was very much confused.

Q. Had you the curiosity to search any chandler's shop in your neighbourhood? - A. No.

Q. You had lost large quantities of soap? - A. Yes.

Q. But you found no trace there of any quantity of soap? - A. No.

Q. What you saw him carry into Parsons's house was in a dirty apron, not as if it came from the manufactory? - A. No.

Mr. Knapp. Q. It appeared to be wrapped up in any thing he could lay hold of? - A. Yes.

SAMUEL CLEAVER < no role > , junior, confirmed the evidence of the two former witnesses.

THOMAS LUCAS < no role > sworn. - Examined by Mr. Knapp. - I am an oilman, in Bloomsbury-market: On Tuesday, the 18th of July, Mr. Cleaver's cart came to my house with a quantity of soap; Shortland, the prisoner at the bar, came with it; the soap was unloaded, and he put it in a bin, where he usually does, where there was no other soap at all.

Q. I believe you previously emptied it on purpose? - A. I did.

Q. It was afterwards weighed in the presence of Mr. Cleaver and yourself? - A. Yes; and we found a deficiency of twelve pounds.

GEORGE DONALDSON sworn. - Examined by Mr. Knapp. - I went with Mr. Cleaver, to Parsons's house; Mr. Cleaver found this soap, and delivered it to me. (Produces it).

Mr. Cleaver. This is my soap, here are the plugs.

For the prisoner, Parsons.

- BROWN sworn. - I have known Parsons four or five years; he is a man of good family, and a very sober industrious man.

Cross-examined by Mr. Knapp. Q. What are you? - A. A leather-seller, in West-street, Seven-Dials.

Q.What shop does he keep? - A. I believe he is in the habits of selling iron.

Q. Have you known him all the four or five years that you speak of? - A. Only as a neighbour passing by.

Q. Has he always lived in West-street? - A. Ever since I have known him.

Q. He has never been in custody at any time? - A. No.

Q. You don't know that he was here as a visitor about nine months ago then? - A. No.

Mr. Fielding. And acquitted. Good God! it is only lamentable that a man should be placed in such an unfortunate situation; there were no witnesses who gave any evidence against him.

Parsons called fourteen other witnesses, who gave him an excellent character.

Shortland called four witnesses, who gave him a good character.

Shortland, GUILTY (Aged 28).

Transported for seven years .

Parsons, GUILTY (Aged 36.)

Transported for fourteen years .

Tried by the first Middlesex Jury, before Mr. Justice ASHHURST.