544. CHARLES LEE proceedingsdefend was indicted for that he, on the 1st day of January last, in the parish of St. George the Martyr , being a working goldsmith , did falsely, fraudulently, and feloniously remove from four knee-buckles to four other knee-buckles, certain stamps, marks, and impressions, to wit, the King's Head and the Lion Rampant, with intent to defraud the King , against the statute.

A second count, for transposing and removing the said stamps, marks, and impressions, from one buckle to another.

A third count, for causing the same to be removed from four knee-buckles to four shoe-buckles.

A fourth count, for causing the same to be removed from one knee-buckle to one shoe-buckle.

A fifth count, for selling four shoe-buckles, the same marks and stamps having been transposed and removed, knowing the same to have been so removed.

A sixth count, for exposing the same for sale.

(The case opened by Mr. Shoen.)

FENWICK RUSHFORTH sworn.

I am deputy warden of the assay office -

Prisoner. I wish the evidences to be examined apart.

Mr. Silvester, Prisoner's Counsel. If you chuse it, they shall; but all the world may be here, for any thing it signifies.

Mr. Garrow, another of the Prisoner's Counsel. You need not give yourself any anxiety about it.

Court. If you desire it, they shall.

Prisoner. I do desire it.

Mr. Rushforth. These four buckles I produce, had the hall stamps; they are not put on at the hall in the shape they are; they have the marks of the Goldsmith's Company upon them, but not the stamps, as put on at the hall; the two marks on the shoe-buckle; are close together, when we strike them, one on one side, and one on the other; it has been done so for six or eight months; with respect to the knee-buckles, they are put close together; these shoe-buckles appear to me to be marked as knee-buckles; the stamps are both on the same side, and the marks are bottom upwards; I really do think that these buckles were not marked at the assay-office; these buckles are silver.

Court. Before these last eight months, were the marks on shoe-buckles in a different form? - When the duty first took place, we marked them pretty near together.

Then, for ought you know, these might be marked then? - I do not apprehend they could; if they had been marked in a finished state, there would have been a sink round the stamp.

Mr. Silvester. One is the King's mark, the other is the assay mark? - Yes.

It is a lion passant? - Yes.

Mr. Garrow. Then, I submit there is an end to the indictment, for it describes it to be a lion rampant.

Court. You must acquit the prisoner.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Baron PERRYN.