The Northern Daily Times.
Liverpool, Merseyside, England, 1853-12-26 00:00:00

POLICE COURT.-‘-SATURDAY

Patrick Tyrreyabourer, was charged with attempting
to pick the pockets of several women in St. George's market,
on Friday night. The markets at the present moment
swarm with light fingered gentlemen, who no doubt expect
to glean considerable pickings from the crowds of purchasers
and sight-seers, who visit them. The prisoner said he had
been for seventeen years in Liverpool, and had never before
been charged with an offence. He was discharged with a
caution.

Ca*rim Blake, and Catherine .3P Donald, women of the
town, were charged by a sailor, named Robert Johnson,
with robbing him of eight sovereigns. The prosecutor, who
was at the time somewhat the worse for drink, met the first
named prisoner in the street, and was induced to accompany
her to her house in 3 Court, Charles-street. In waking in
the morning he found himself minus his money, and learned
from the other prisoner that his companion hadleft him
shortly after they had retired to rest. Catherine Blake was
committed for two [months ; the other prisoner was dis
charged.
Sarah Magrath was committed for two months, for steal-
ing a goose on Friday evening, from a stall in St. John's
market. The prisoner, who was cleanly clad, had a fine
little child in her arms, and she seemed much more solici-
tous about its comfort than her own fate.

Margaret Bennett, an old and wretchedly-clad woman,
was remanded on a charge of stealing a quantity of wearing
apparel from Mrs. Bolton, 21, Sun-street.
James .M'Cartney, 18, was committed for three months,
for having in his possession, in St. George's dock, a quantity
of canvass for which• he could not account, and for assault-
ing the police-officer when arrested.
The officer, No. 152, stated that when he arrested the
prisoner he became exceedingly violent, and when he was
bringing him along the street, a crowd gathered round
them, and commenced to hustle them. They forced from
the officer the bag containing the canvass, and had almost
succeeded in rescuing the prisoner.
PASSING BASE COIN.—A woman, of the name of Ryan,
about 30 years of age, was charged with attempting to pass,
at a chandler's shop, a base shilling. When arrested by the
officerlshe immediately swallowed the shilling. She has
been six times before the court for a like offence. t3he was
five times acquitted, and convicted once. She was remanded
for seven days.
PASSENGERS' ACT.—Edward Gardner Willoughby and
Seymour Willoughby, owners of the paddle steamer Britannia,
were summoned for having allowed the above vessel to ply
and carry passengers between Birkenhead and Liverpool
on the 29th of November, without having a proper sailing
certificate.

Mr. W. Tindall appeared for the crown, and one of the
Messrs. Willoughby defended in person. He admitted the
fact, but contended that they should not be held guilty of
the offence, inasmuch as he had applied to have the boat
surveyed in October, and did not receive the current certifi-
cate until the sth of this month. The old certificate was in
the boat, but it had expired on the 18th of November.
The defendants were fined 20s. and costs, and the master,
10s. and costs.

BIRKENHEAD COUNTY COURT-SATURDAY.

A SHORING SMITH'S LIABILITY

Taomes JONES v. JOHN SANKEY.—By this action the
plaintiff, a dealer in horses, residing in Birkenhead, sought
to recover from defendant, a shoeing smith and farrier, the
sum of 35., as compensation, the value of a horse, which
'ivit-s on' the 23d of June last entrusted to the defendant for
llhoeing, and which horse, through the negligence and care-
lessness of the defendant, did languish and die.
The case for the plaintiff was conducted by Mr. Gates-
head, and the defendant was represented by Mr. Bretherton.
For the plaintiff, it was alleged that he had, on the 23d
of June, sent the horse to the defendant's smithy to be shod ;
that by the carelessness of his servant, in performing that
operation, a nail had been driven into the near hind foot, after
which inflammation supervened, and the horse died in the
month of November. Witnesses having been called to prove
these pacts,

Mr. PETER TAYLOR, a veterinary surgeon, was called, and
stated : In the early part of June last he attended the horse
belonging to the plaintiff. It was on the Monday. He
found the shoe off the near hind foot. The shoe was re
moved on the Sunday. The horse was in a dreadful state of
agitation; its head was up • the corner ; its foot was much
swollen, and there was a thickening round the coronet of the
hoof. A portion of the hoof was cut away, but not much,
because there was so much inflammation. About a quarter
of an inch of horn was removed. The horse could not put
its foot down. On the Wednesday following he removed a
poultice which he had ordered to be put on, but the bone
was then in a most irritable state, and he ordered the poul-
tice and bathing to be continued; and on the Friday follow-
ing.he again removed the poultice, when he found matter
oozing. out of the coronet or upper part of the foot, and upon
removing the horny part of the hoof, he found a small hole,
which he probed, and found that it was connected with the
coronet, where he had just discovered the matter oozing out.
Hie Hozcon In yutu upiuion, what was the cause of
that discharge taking place ?
Witness : I have no doubt but that it was caused by a
puncture made by some nail, or something of that sort. It
could not be occasioned by a bruise or a crush. It must
have been occasioned by a prick. The horse was in such a
state that it could scarcely cat or drink. He attended the
horse for a week, when he was put into the hands of the
defendant. It would be two or three days after the prick,
that the horse would begin to show symptoms of lameness.
A tread would not produce such an effect. He could not say
positively that the death of the horse resulted from that
prick, but he had no doubt of it. He did not see the horse
after he left off attending it.
In his cross-examination by Mr. Bretherton, the witness
said it would be impossible for the horse to have itself
caused such lameness by running on a newly macadamised
road, as the shoe would have protected the part where he
had found the small hole which he had described. Pricking
a horse in shoeing was purely accidental, and was frequently
done by the most experienced smiths.
Other witnesses were called to prove the value of the
horse, and also to show that the horse had gradually got
worse and worse from the time that it had been shod by the
;defendant, until it died.
Mr. BREMERTON, for the defendant, contended that there
was no evidence given that the death of the horse had been
caused by the negligence and carelessness of the defendant ;
and referred to a similar case—(Collins v. Rowding,)—tried
before Baron Pollock, in 1845, to substantiate the opinion
he entertained on the subject. Supposing that the horse
did die from the prick, there was nothing to show that the
prick was occasioned by any want of skill or negligence of
the defendant; nor was there any evidence called to prove
how the horse had died, which was essential, as the summons
stated " the horse did languish and die," from the defen-
dant's neglect. What was there to show that there was
gross neglect, or want of care ? The evidence being thus
incomplete, he should submit, the plaintiff must be non-
suited,

His HONOR, after briefly replying to Mr. Bretherton, upon
the law of thelcase, submitted that the evidence went to
show that the lameness had arose from the pricking, and
that the lameness brought on death.
Mr. BRETHERTON having at some length detailed the de-
fence ho should make to the action, which would show that
it was a complete conspiracy against his client, called
Mr. JOHN SANKEY, who stated that he was a smith, and
that he had a man in his employ by the name of Rowlands.
This man left him on the 18th of June. Ho recollected
the defendant having a horse called " Bobby " to be
shod. Rowlands fitted two shoes, and Jack knocked
two of the shoes on. That was on the 16th of
June. The man who put the shoes on was in his employ
for seven years, and was capable of shoing a horse. He had
never heard any complaints against him. On the 2d of
July, by accident he called at the defendant's house for a
glass of ale, when he said, "You have made a pretty
mess of my horse, either you, or some of your men have
.pricked him, and he is going to die of lock-jaw." He went
to the stable and saw the horse. The witness then detailed
What he had prescribed for the horse from the 2d of June to
the 11th, at which time he left the horse, telling the plaintiff
to take care of him, and he would soon be all right. The
horse had been at the smithy twice, and he had left the near
hind foot quite sound. After this the off hind foot of the
horse became diseased, and on the 27th of July the defen-
dant attended it, but none of his instructions were followed
out, and on the 3d of August he gave up the job, because he
had so frequently to complain of the inattention of the
plaintiff in not doing as he directed, alleging, as an excuse,
that he was short of hands. He never heard of the horse
being ill from the 27th of July last to the 3d of August.
Mr. EvANs, veterinary surgeon, corroborated the evidence
of the last witness, as far as attending the horse, from the
27th of July to the 3d of August, during which time they
had to complain of neglect on the part of the plaintiff in not
fulfilling their instructions with regard to the horse.

Mani; other witnesses were cilia' for the defence, to
contradict the defendant's statement, and for the purpose of
proving that on the 23rd of June, the day on which it was
alleged by the plaintiff that the horse was shod, and the
nail driven into his foot, the plaintiff's son took the horse
from the cart, after a hard day's work, and ran it a three
heat race over a newly macadamised road, which the defen-
dant alleged was the cause of injury in the animal's foot.
It was also proved that the animal died from falling into a
ditch in such a manner that it could not extricate itself.
Mr. GATEHEAD replied to the evidence for the defence,
contending that the plaintiff's case remained uncontradicted
—namely that the defendant had shod the horse on the
23rd of June, when the animal had been pricked,
.from
which injury it died.
His HONOR, after carefully recapitulating the evidence, in
the course of which he censured the conduct of the plaintiff,
in which he had shown gross neglect, in not properly
attending upon the horse, held that the farrier was liable
for the damage he had caused in not having the horse

_ .
-amply s►tffirient. to corr.!. the Id:image he had
fl►is rase lasted the entire day and excited ►nuuh

The Duke and Duchess of Sutherland have a family parts
assembled at Trentham for the Christmas holidays. The
Duke and Duchess of Argyll and the Marquis and Mar-
chioness of Stafford are with their grace,.

RETORT OF THE SECRETARY OF THE
AMERICAN TREASURY.
TREASURY DEPARTMENT, December 6, 1853.
The estimated receipts for the fiscal year ending June 30,
1833, were as follows :
From customs - - 649,000,000 00
lands - - - - - 2,000,000 00
miscellaneous sources 300,006 00
Balance in treasury July 1, 1852 - 14,632,136 37

65,932,136 37
And the estimated expenditures - 60,560,056 86

Estimated balance, July 1, 1853 - 4,372,079 51
This balance to exist after applying $7,199,477 77 to the
redemption of the public debt.
The actual receipts for the fiscal year ending June 30, 1853,
were as follows, viz. :
From customs - - $58,931,865 52

lands - 1,667,084 99
miscellaneous sources 738;623 89

Making the total receipts - - 61,337,574 40
Add balance in treasury July, 1852 - 14,632,136 37

Total sum for the service of the fiscal year
ending June 30, 1853 - - 75,969,710 77
The actual expenditures for the fiscal year 1853, were, viz :
Civil list - _ - - $4,784,396 93
Foreign intercourse - - - 699,030 14
Miscellaneous - - - 11,792,369 70
Department of the Interior - - 6,529,535 59
Do. of war - .. - 9,947,290 87
Do. of the navy - - 10,891,639 59
Public debt - - - 10,482,555 39

54,026,818 21
Balance in the treasury, July 1, 1853, $21,942,892 56
(As appears by the accompanying statement A)
The estimated receipts for the year ending June 30, 1854,
were as follows :
Prom customs - - $49,000,000 00
lands - 2,00U,000 00

uliocellutleollB sources 200,000 00
Add estimated balance July 1, 1853 - 5,372,079 51

Total estimated sum for the fiscal year end-
ing June 30, 1853 . - 56,572,079 51
And the estiuuated expenditures were :
Balance of former appro-

priatious - $6,879,883 28
Permanent and indefinite

appropriations - - - - 9,172,829 68
Specific appropriations
asked for - - 30,151,040 64

46,203,753 60

Which would leave an estimated unexpended
balance in the treasury on July 1, 1854, of 10,363,325 91
The actual receipts for the first quarter of the fiscal year
1854, ending September 30, 1853, were as follows (as appears
by statement B) viz.:—
From customs - - - - $19,718,822 00
lands - - - 1,489,562 05
miscellaneous sources - - 147,994 87

Making total receipts - 21,356,378 92
To which add the actual balance in the trea-
sury, on the Ist July, 1853 - - 21,942,892 55

Making the total sum of - 43,299,271 48
The actual expenditures for the same first quarter were as
follows, viz. :

Civil list, foreign intercourse, andimiscella-

neous, &c. - - - $4,381,091 62
Interior departments, Indians, and pensions - 846,213 01
War department - - 2,935,861 40
Navy department - - 3,140,129 35

Redemption of public_debt - • - 3,778,088 32

16,081,383 70

Leaving a balance in the treasury, September
30, 1853, of - - - - $28,217,887 78
The estimated receipts for the second, third, and fourth
quarters of the fiscal year ending June 30, 1853, are as follows :
From customs - - - - $37,000,000 00
lands - - - - 3,000,000 00
miscellaneous sources - - 300,000 00

40,300,000 00

, .
To which add the balance in the treasury,
September 30, 1853 - - 28,217,887 78

Making a total of -

- 68,517,887 78

The expenditures estimated by the departments for the
second, third, and fourth quarters of the fiscal year ending
June 30, 1854, are as follows, viz :
Civil list and foreign intercourse, &e. - $13,570,833 54
Deficiencies in the post-office department • 1,895,445 63

_
Interior department - - - 2,629,350 10
War department - - - - 12,874,817 22
Navy department - - 8,135,280 67
Public debt (interest) - - - 3,145,556 00
Do. (redemption) - - - 15,000,000 00

Total estimated expenditures - 57,251,283 16
This will leave an estin4ted balance in the

treasury on the Ist of July, 1864, of - 11,266,604 62
The balance of the appropriations for the year ending June 30,
1853, which remained unexpended on that day, and which
is liable to be expended in the year ending June 30,
1854, is - - - - 17,630,758 75
The specific appropriations for the year
amount to - - - - 34,051,269 58
The indefinite appropriations for the 'year are,
as far as ascertained by actual payment, to

October 1, 1853 - - $5,100,425 75
As estimated for the residue
of the year - - 6,365,526 95

11,465,952 70

Making the whole amount of appropriations
liable to be expended in the year 1854 63,147,981 03
The estimated receipts for the fiscal year ending June 30,
1855, are as follows :
From customs - - $51,000,000 00

From lands - - - - 3,500,000 00
From miscellaneous sources - - 600,000 00

Making the sum of - - - 55,000,000 00
Add the estimated balance in the treasury on
the Ist of July, 1854 - 11,266,604 62

This makes the total estimated resources for the
fiscal year ending June 30, 1855 - 66,266,604 62
The estimated expenditures for the same year arc as fol-
lows :
Balance of former appropriations, which will be
expended this year - $6,865,126 44
Permanent and indefinite appropriations - 8,285,716 14
Specific appropriations asked for this year - 35,909,434 54

51,060,277 12
This sum is composed of the following particulars, viz.:—
Civil list, foreign intercourse, and miscella-
neous - - $12,161,436 09
Expenses of collecting revenues from customs - 2,200,000 00
Expenses of collecting revenue from lands - 129,900 00
Deficiency in the revenues of the Post Office
•
department - - 2,700,000 00
Army proper, &c. - - 11,989,397 50
Fortifications, ordnance, arming militia, &c 2,049,334 00

Improvements, &c.
Indian department

- 311,500 00
- 1,784,471 84

Pensions - - - - 1,876,072 95
Naval establishment, including dry-docks, and

ocean steam mail contracts - - 12,712,358 74
Interest on the public debt • - 3,145,806 00

Making in all the sum of - - 51,060,277 12
Leaving an estimated balance in the treasury, July 1, 1855,
of - - $15,206,327 50
To be increased about ten millions by that part of the ap-
propriation not expended within the year, and subject to
any reduction that may be made in the tariff for half the
year, or to any sum which may be applied to the public debt
during the year. _

The public debt on the Ist of July, 1852, was as follows

- $8,198,686 03
- 6,222,931 35
- 4,999,139 71
. 26,214,056 00
- 15,740,000 00
- 5,000,000 00
- 5,000,000 00

Loan of 1842
Loan of 1843
Loan of 1846 -
Loan of 1847 -
Loan of 1848 -
Texan indemnity - -
Do. not issued -

• 71,374,807 09
Old funded and unfunded debt - - 114,118 54
Treasury notes outstanding - 132,161 64

Debt of corporate cities

- 730,000 00

72,401,087 27

The sums paid for redemption of the public debt during the
fiscal year ending June 30, 1853, and the premium, &c., were
as follows :

Loan of 1842 - -
Loan of 1843 - -
Loan of 1846 - -
Loan of 1847 -
Loan of 1848 - -

- $167,495 60
- 4,296,862 50
- 68,200 00
-1,668,650 00
- 193,300 0.0

Total stock redeemed

6,394,508 10

Premium on the same, $420,498 64; since which time and
up to 3rd December, 1853, the public debt has been reduced
to $56,336,157 52, leaving the public debt on the 3rd Decem-
ber, 1853, as follows :
Loan of 1842 - $6,872,135 54
Loan of 1843 92,800 00
4,048,400 00

14,444,491 80

Debt of cierp..nite citic

')4,1100 00
114,118 54
114,511 64

Old funded and unfunded (irk
Treasury notes outstanding -

66,336,167 12