William Harvey proceedingsdefend , of Mary Bone , was indicted for feloniously stealing 3 Masons Chissels, value 3 s. the Goods of Stephen Nevison proceedingsvictim , and 4 Chissels value 2 s. the Goods of Alexander Rockhead proceedingsvictim . Stephen Nevison < no role > deposed, That being at work at the Lord Bingley's they left their Tools there at Night, and in the Morning 27 were lost, and sometime after he found 3 of them at a Smiths, who us'd to batter his tools, and who knowing his Mark, stop'd the Prisoner when he offer'd them to Sale; they were mark'd with a particular private Mark, which had belong'd to his Family in Scotland for many Generations, and which Method of marking was very much esteem'd in that Country. The Prisoner being a Smith, had partly wrought the Tools over again, but the Marks being pretty deep were not quite hammer'd out. Rockhead depos'd to the same Effect. The Prisoner in his Defence said, that he was a Smith, and bought the Tools at an old Iron Shop among other Stuff, and (as is common when they find any thing useful) hammer'd'em over again to make them appear better for Sale. He brought several Smiths to prove that it was usual to buy such things among Old Iron, and work them over again for sale, and that they had seen him buy Tools among other things at the Old Iron Shop. The Jury acquitted him.