Witness Statements

Witness Statements

George Longworth of No 122 Riley Street, Blackburn, Mill Overlooker, says:
The house in which I reside is within about 300 yards of the Defendants works and close to Pringle Street.  I have resided in my present house 6 years.  During that time, I have never detected any unpleasant odours or offensive smells arising from the Defendants works.  No complaints have ever been made to me from my neighbours or any other persons of any nuisance arising from the smells. I did not consider the Small Pox hospital was any nuisance to one.

The(re) are about 60 houses in Riley Street and they fetch 4/6 per week each.  There are no houses empty at the present time.  I do not consider that the works of the Defendant Corporation prejudicially affect the property in the neighbourhood.

I should not take such works into consideration if I were in search of a house in the neighbourhood.
Call George Longworth

John Hayes of No 100 Lower Audley Street, Blackburn, Clerk, says:
I have resided in my present house six months and upwards.  I have never detected any bad smell or odour arising from the Destructor or the Defendants my house is situate within a ¼ of a Mile of the Defendants works.

No complaints have ever been made to me from any of my neighbours or any other persons

There are about 200 houses in the street in which I reside the average rents are 5/- per week and only one house is vacant.

I do not consider the Defendants works in anyway prejudicially affect the property in the neighbourhood
Call John Hayes

Edward Haworth of 27 Baines Street, Lower Audley, Blackburn, Assistant Brewer, says:
I have resided 7 years in my present house which is situate within 50 to 100 yards of the Defendants Works and is the nearest street to the Works.  During my residence there I have occasionally detected slight odours but whether the(y) arose from the Destructor or the Works of the Defendants I do not know, but the faint odours that I have so detected in my opinion were never at any time sufficient to cause a nuisance.  I have heard occasional remarks from my neighbours with reference to the smell but those remarks which have been made were made since the Agitation for the removal of the Destructor took place.

I never heard any complaints before then.  None of my neighbours who spoke about the smell considered them bad enough to constitute a nuisance.

There are about 60 houses in my street and they are all let at rents averaging 4s/6d and 4s/9d per week.  Since I have lived there none of the houses have ever been unlet for more than a week at a time.  I do not consider the Defendants works or the Hospital in anyway a detriment to the property in the Neighbourhood.
Call Edward Haworth

George Halliwell of 163 Higher Audley Street, Blackburn, Weaver says:
I have resided in my present house nine years and upwards. my house is situate within 350 yards of the defendants Works.  During my residence there I have never detected any bad smell or other offensive odour, arising from the Defendants Works. If there at any time existed any such odour it must have been so imperceptible as to escape my notice.  No complaints have ever been made to me from any of my neighbours or any other persons.  I do not consider the Defendants Works or the Hospital in any way a nuisance to me or the inhabitants in the neighbourhood or to prejudicially affect the property there.
Call George Halliwell

Joseph Edward Waddington of No 6 Audley Range, Herb Beer Manufacturer says:
I have resided in my present house about 15 Months before then I lived 164 Lower Audley Street where I resided about 4 years.
During the above periods I have never detected any unpleasant smells or odours arising from the Defendants works or Sanitary Depot.
The Hospital also has never been a nuisance to me.  No complaints have been made to me by anyone of the alleged Nuisances.
There are about 400 houses in Audley Range and there is not one house empty.
I pay for rent £19 per annum.
Call Joseph Edward Waddington

Joseph Pollard 33 Victoria Street, Blackburn, House and Estate Agent and have been a member of the Town Council for 3 years, says:
I am an extensive owner of Cottage property in Blackburn and am also Agent for 22 houses in Alker Street which is within 250 yards or thereabouts from the Deft's works in Billinge Street within 350 yards of the works, 7 in Audley Range within 100 yards of the said works, 8 in Dewhurst Street within 250 yards of the said works, 8 in Ashton Street within 300 yards of the works, 9 in Higher Audley Street and Cicely Street within 350 yards of the works, 18 in Ashton Street within 100 yards of the works, 5 in Thorrock and Friday Streets within 150 yards of the works, 4 in Lower Audley Street within 100 yards of the works and about 35 houses in Haslingden Road and Grimshaw Park and 4 houses in Walker Street which is within 250 yards of the works, 35 houses in Bolton Road, within 400 yards of the works, 13 houses in Kay Street within 400 yards of the works, 24 houses in Shackleton Street, Cooke Street and Dock Street within 500 yards of the works, 13 houses in Higher Eanam, 8 houses in St Thomas' Terrace within 500 yards of the works, 15 houses in Withers Street, Snape Street, Chester Street and Audley Lane making altogether 235 houses under my management in the immediate vicinity of the Defendants works.
I have never detected any offensive smell or odour from the Destructor or Sanitary Depot belonging to the Defendant Corporation and I have never received any complaints from any tenants of the house under my management -
All the houses are now let and have been for some time there are very seldom any vacant – the rents range from 3/6 to 4/9 per house and the houses fetching 4/9 are nearest the works - From my own experience I say that the works of the Corporation and the Hospital do not prejudicially affect the property under my Management in the slightest degree, nor do I consider that such Works affect the Plaintiff's property or any other property in the neighbourhood.
From my experience I say that the rents realized by the property in the vicinity of the Destructor and Works of the Defendant Corporation are fully equal to the rents of similar houses in other parts of the Town.
 have carefully inspected the Plaintiffs' property in Pringle Street and Bennington Street – there are 54 houses in Pringle Street – 52 of which are let and only 2 are empty those that are let fetch the following rents:
 

No 76 is an empty Shop
No 98 is empty butt used as a workshop by Booth.

The rents received from the Plaintiff's houses are higher than what similar houses are fetching in the same District but further off from the
works complained of.
The vacant land in Bennington Street is much below the level of the Street and it would entail a large expense in filling up the hollows before the houses could be built upon – this fact would render practically useless the land for building purposes.
Call Joseph Pollard

Jeremiah Ainsworth of 11 Oldham Street, Blackburn, Broker and House Agent says:
I have lived in my present house 6 years and my house is between 150 and 200 yards from the Defendants’ works.  I am Agent and manage 12 houses and shops in the immediate vicinity of the Defendants’ works.  I have never observed any unpleasant smells or odours arising from the Destructor or the Defenders’ works and I have never received any complaints either from the tenants of the houses which I manage or from any other persons.
All the houses under my charge are let and have always been so – In case of any about becoming empty they are always bespoke before they are vacated. I do not consider that the Destructor and the Sanitary Depôt and the Hospital have been or are the least nuisance to the inhabitants of the neighbourhood or in any way prejudicially affect the letting or selling value of property in the vicinity of the said works – the rents I get range from 4s 3d to 7s each.
Call Jeremiah Ainsworth

Ann Croston of Primrose Terrace, Langho near Blackburn in the County of Lancaster, widow says:
I am the owner of 6 houses in Baynes Street which is situate within 50 to 100 yards from the Destructor and the Defendants works and is the nearest Street to such works and I also own 14 houses in Lord Derby Street which is within 150 to 200 yards of the said works.  I have owned the Baynes Street property about 8 years and the Lord Derby Street property about 15 or 16 years.  During the whole time I have been in possession of the above properties I have never received any complaints from any of my tenants in respect to any smell or other nuisance arising from the Defendants works or the Hospital.  The rents I receive from the houses average 4s/6d per week. None of the houses are empty now and in fact during the whole time I possessed them they have never been empty. I do not consider that the Defendants works in any way prejudicially affect my or the adjoining property.
Call Ann Croston

James Pearson of 35 Park Road, Blackburn Weavers Collector says:
I have resided in my present house over 3 years. During my residence there I have never detected any bad smell or other offensive odour arising from the Defendants works. My house is within 200 or 300 yards of the works.  I and 14 other men rent a strip of ground alongside the Defendants works between the wall of the works and the Canal.  I am accustomed to go to this garden in my leisure time and on Sundays for the purpose of gardening. I have never detected the slightest smell or offensive odour at any time that I have been so engaged. In the course of my duties I have to visit very nearly all the houses in the neighbourhood of the works.  No complaints have ever been made to me of the alleged nuisance by any one. here are about 60 houses in my Street. There are never any houses empty. The rents average 5s 6d per week – The works in my opinion are no detriment to the property in the neighbourhood.
Call James Pearson

Benjamin Brooks of 47 Ingham Street, Audley, Blackburn, Joiner and Builder and House Agent say:
I have resided in my present house 12 months and I have known the locality for a large number of years and in the course of my business I have acquired an intimate knowledge of it and of the letting and selling value of the houses – I collect and manage about 16 houses in the immediate vicinity to the Defendants works – I have personally never detected the slightest smell or unpleasant odour in the neighbourhood and I have never received any complaints from any of the tenants of the houses I manage or from any other persons.
There are very few if any houses vacant in the neighbourhood – The rents obtained in this district are equal to the rents obtained for similar houses in other parts of the Borough.  In fact, I have increased some of the rents of my houses under my charge and the tenants have stayed on even with such increased rents – I do not consider that the Defendants works or the Hospital in any way prejudicially affect the letting or selling value of the houses in the neighbourhood.
Call Benjamin Brooks

Grimshaw Marsden of No 71 Haslingden Road, Blackburn, Weaver, says:
I have lived in the above house and other houses in the above road over 20 years.
I own 9 houses in Haslingden Road and they are within 150 yards of the Destructor and Sanitary Depot and Hospital belonging to the Defendants – I have occasionally detected a slight odour from the Destructor but not sufficient in my opinion to cause a nuisance or to in any way prejudice the health of the inhabitants in the vicinity.  There is however a very unpleasant smell which comes from the tip belonging to the Corporation on a piece of land in Haslingden Road.  I have never received any complaints from the tenants of my houses or from any other person as to the Destructor Sanitary Depot or Hospital but I have received many complaints with reference to the nuisance arising from the tip. - The rents I get from my houses are 4s/ a week – They are all let and they are never empty. The works of the Defendants do not in any way prejudicially affect the letting or selling value of my or any other property in the neighbourhood.
Call Grimshaw Marsden

William Almond of 84 Haslingden Road, Blackburn, says:
I own two houses in Haslingden Road being Nos 80 and 84 and I have lived in No 84 since I purchased the Houses in 1881 – I have lived in the same Street 18 years – The above houses are within 200 yards from the Defendants works – I have never detected any smell or bad odour arising from the Destructor or the Defendants works – but when passing a tip belonging to the Defendants I have discerned a very offensive smell – the tip is placed on a piece of ground adjoining Haslingden Road – I have never heard any complaints regarding the Destructor or the Defendants works but I have heard many complaints regarding this tip.
No 80 has never been empty and in fact no houses are ever to let in Haslingden Road. I get 4s/6d a week from it.
I do not consider that the Destructor or the Defendants Works and Hospital any nuisance or to prejudicially affect the letting or selling value of property in the neighbourhood.
Call William Almond

Arthur Jacob of Salford says:
I am a Civil Engineer and a Member of the Institute of Civil Engineers and am the Sanitary Engineer to the Borough of Salford.
I superintended the laying out of the Scavenging Depot for the Highway Committee of the Broughton District of the Borough of Salford and which contains a population of nearly 39,000.
I caused to be erected one of Fryer’s latest form of Destructors and which has been in use for several months and which contains a fume Cre(m)ator.
Since the Destructor came into use on the tenth of May last 2400 tons of house refuse have been burnt –
No complaint has ever been made of nuisance from this Destructor within my knowledge –
There is a second Destructor, also one of Fryer’s design which was erected by the Salford District Scavenging Department-
There is an excellent Destructor, but it contains no Fume Cremator-
No complaint of nuisance of any kind from this Destructor which has been in operation for nearly 6 years – has ever been made to me and I am not aware that any complaint has been made to any other person or persons.
Both Destructors are situate in closely inhabited localities, but although apprehension s were entertained by owners of property in the neighbourhood of both Destructors before the works were erected no complaint has within my knowledge ever been made of any nuisance or Smell arising from the Destructors.
I have inspected the Destructor at Blackburn and am not surprised that there should be complaints of its causing smoke and some smell – The Chimney Shaft is not in my opinion sufficiently tall and could hardly produce a sufficiently strong draught to completely decompose the volatile matters of the refuse.
If the Destructor is to be reconstructed I would strongly recommend that a Fume Cremator should be added to the Destructor and that the Chimney Shaft should be raised to a height of not less than 60 yards. This will greatly improve the draught both through the Fume Cremator and through the Destructor Furnaces and unless the draught is sufficient to cause a very high temperature I believe that during the consumption of the refuse much of the volatile matter escapes into the air in an unchanged condition giving rise to the nuisances complained of. I have visited Ealing and Leeds to see the Gormand Destructors at these towns and at both places they appeared to be doing their work well – At Ealing the Destructor was working so perfectly (although consuming a quantity of half dried sewage mud from the precipitating Tanks) that I could hardly see any smoke issuing from the Chimney Shaft and could not perceive the least odour.
At the Salford Sewage Works I have erected Six Kilns by way of experiment to burn the sludge from the Tanks – These Kilns consume the mud very perfectly but they cause an unpleasant smell in the neighbourhood of the Works, because the Shafts are not sufficiently tall to cause a brisk draught –
I am now engaged in preparing designs of new Kilns which will either have a tall shaft or will pass the Fumes into the Boiler Chimney.
Call Arthur Jacob

Edward Billington of 126 Whalley New Road, Blackburn says:
I am a member of the Town Council of the Borough of Blackburn and am Chairman of the Health Committee of the Defendant Corporation.
I have been a member of the said Health Committee for between 7 and 8 years and during the last two years I have occupied the position of Chairman. I know the Sanitary Depot at Audley and the small pox hospital complained of in this action and I have a full and accurate knowledge of the method adopted by the Defendants for the collection and dealing with the Pails in the Pail Closets in the Town with the emptying and dealing with the contents of the ashpits and the Ashes Tubs and generally with the work of this Sanitary Depot and I say that the work of scavenging is performed by the Corporation on the above system in the best possible manner and so to create the least possible nuisance.
It has been the practice of the Health Committee for a number of years to require systematically the conversion of the Old Ashpit Closets to Water Closets and it is within my knowledge that the Scavenging Committee of the Corporation determined early in the present year to proceed to the conversion by degrees of the pail closets to Water Closets.
When the Ashpit and Pail Closets have respectively been converted to Water Closets the Corporation will be relieved of the most offensive and difficult part of the Refuse with which they have to deal.
With regard to the small pox hospital the following number of patients have been treated in the hospital each year for the 7 years namely;
In the year 1883, 4; 1884, none; 1885, 4; 1886, 28; 1887, 42; 1888, 82.
The hospital is situate in one of the outskirts of the Town and in a sparsely populated district.
If a hospital of this kind has to be placed anywhere within the borough I can conceive no better place for it than where it is.  During the time I have occupied the position of Chairman of the Health Committee I have from time to time made careful enquiries into the origin of the cases of Small Pox   dealt with in the hospital and I say that in no instance so far as the Health Committee or its officers could ascertain has the Small Pox been traceable directly or indirectly to the Hospital –
I have full knowledge of the manner in which the Hospital has been conducted.
Whenever an outbreak of Small Pox has occurred the nuisance or Sanitary Inspector has at once received my directions and obtained one or two nurses as the case might require from the nursing institute in Manchester or Liverpool.
A special doctor is appointed by the Committee to attend the patients in the Hospital and the Committee have given the strictest possible orders that no person except the Doctor and convalescent patients shall be allowed to leave the Hospital and no person other than the patients and the Doctor shall be allowed to enter the Hospital.
In addition to this precaution the Committee have given strict orders that in the cases of convalescent patients their clothes should be thoroughly disinfected by heat and a system has been adopted by which the Doctor and every person leaving the Hospital is required to enter a special box provided at the door and there to be thoroughly disinfected before passing into the open air.
I am satisfied that the Hospital has been conducted with the greatest possible care and efficiency.
Call Edward Billington

William Whalley says:
I am the superintendent of the Scavenging Department of the Corporation of Blackburn and have held that office for a period of 16 years.
The canal at Audley was acquired by the Defendants for the purposes of a Sanitary Depot sometime in the year 1878 - It is upwards of 3 acres in extent and is bounded on the northerly side by the Leeds and Liverpool Canal on the Easterly side by Bennington Street and on the westerly and Southerly sides by unoccupied land.
It is situate in a sparsely populated part of the Town on the outskirts.
As soon as the land was acquired the Corporation proceeded to the construction of a wharf on the Canal, a stone and concrete tank for storing the contents of pails collected a shed for storing Street sweepings and ashpit manure and a 4 cell Fryer's Destructor for the purpose of burning the refuse which has no manurial value.
The Town of Blackburn is scavenged partly on what is known as the pail system, partly on the water closet system and partly on the old ashpit system:
The pail system
There are upwards of 11,000 pail closets in use in the Town—These pails have to be collected weekly— For the collection of the pails I have under my superintendence 29 men and 9 horses and carts and one foreman.
The Town is divided into Districts and every night the men and carts go out to the several districts and collect a certain proportion of full tubs replacing them with clear tubs—Two carts go together accompanied by three men—cart is a covered in Tank into which the contents of the pails are emptied—The other cart starts with clean pails to be exchanged for the dirty pails.
Depending upon the orders I may have for excreta from Farmers I give directions for the carts containing excreta so collected to proceed to the Store Yard depot, which is on the Railway or to the Audley Depot on the Canal.
About one third of the excreta collected in the pails is during the year taken to the Audley Depot, the contents are turned into a covered Canal boat, which Canal boat is required to start for its destination before 5 o'clock in the morning.
In the event of orders being insufficient to fill a Canal boat the contents of the pails taken to Audley are turned into the Tank there.  This Tank is covered in and no smell can proceed from it— The Tank will hold about 40 or 50 tons of excreta, and it is very rarely the case that it is full, or that it remains waiting for orders for any length of time.
Ashpits
There are about 11,000 houses scavenged on the old ashpit system still remaining in use in Blackburn but a sustained effort is being made by the Corporation to gradually do away with these ashpits.
I have under my charge for the collection of the contents of ashpits 29 men and 9 horses and carts and one foreman – The men start from the Store Yard Depot nightly to empty the ashpits.  In each case two men go first to empty the ashpit and their duty is to dig out the contents of the ashpit and divide it into two heaps – One heap contains ashes and refuse having no manurial value to be taken either to the tips or the Destructor, and the other being so much of the contents of the ashpit as does possess manurial value. These men are followed in about two hours by two carts, one to collect the rubbish which has to be tipped or destroyed and the other to collect the manure.
Depending on the orders which I may have received from the Farmers, the Foreman directs the carts containing the manure contents of ashpits to go either to the Store Yard Depot or to the Audley Depot—That is to say—If the manure has to be sent by Railway it is sent to the Store Yard Depot, if by Canal to the Audley Depot.
In the event of orders being scarce, which is unusual, the manure from the ashpits is stored in the Shed at Audley—Carbolic powder and other disinfectants are used which prevent any smell or nuisance arising outside the walls of the Depot what smell that may arise being quite localised by the shed and walls.
With regards to the contents of ashpits having no manurial value, as much is taken to the Audley Depot for the Destructor, as the Destructor is capable of destroying and the remainder is taken to four tips in the Town. These tips are however rapidly becoming exhausted. Others it is almost impossible to find and therefore an enlargement of the existing Destructor or the construction of other Destructors will, in a short time, be absolutely essential for the disposal of the refuse. 
Water Closets
There are 2,850 water closets in use in Blackburn, but these do not come under my charge—The sewers converge upon settling Tanks at the
low level of Blackburn and the effluent from these tanks is conveyed by an aqueduct to the Sewage Irrigation Farms about 6 miles from the Borough—The Corporation have about 500 acres of land under Irrigation.
I have under my charge in addition to the pails and ashpits about 12,000 dry ashes tubs—These are collected fortnightly and the contents are taken partly to the Destructor and partly to the tips, about one third go to the Destructor.
I have under my charge for this purpose 27 men and 12 horses and carts.
I am also charged with the sweeping of the Streets and I collect yearly 8,001 tons.
These Street sweepings are wholly used for manure—About one fourth of the quantity is taken to the Audley Depot and shipped by boat to the Farmers, and the remainder is taken to the Store Yard Depot, and sent off to the Farmers by Railway.
I have under my charge in connection with the sweeping of the Streets 45 men and one foreman and 8 horses and carts.
I have also under my charge in connection with the clearing of the gullies, and for other work 21 more men making a total under my charge of 156 men and 39 horses and carts.
I collect and deal with yearly 576,108 pails and I empty and deal with yearly 9,372 ashpits and 312,000 ashes tubs and pits.
The weight of material which I have yearly to deal with amounts to 52,147 tons.
With regards to the Destructor, I have visited the Destructors in Leeds (2), Bradford, Bolton and other places and I say that the Destructor in use in Blackburn is as efficient as any of these I have seen in other Towns. The Destructor in Blackburn is a 4 cell Fryer Destructor with a Chimney 105 feet high—The amount of refuse burnt in the Destructor averages about 27 tons per cell per week.

I am satisfied that no serious nuisance has been caused by the use of the Destructor—very complaints have been made to me, although I am
aware that recently an agitation has been got up in the district for the removal of the Destructor.
With careful firing and proper attention there need be no nuisance from the Destructor but it is possible that under certain atmospheric conditions, and with bad firing some amount of smell may proceed from the chimney.
John Harrison and another man are the men in charge at the Destructor and it is their duty to see that the printed rules are strictly adhered to. It is a part of my duties to superintend the management of the Destructor and it is my custom to visit it once or twice every day when in the locality—at the times of my visits I have never found the men in charge breaking the rules hung up for their guidance and as far as my
personal knowledge extends I say that the rules with regard to the firing have been strictly adhered to.
The Corporation in 1886 constructed a Fume Cremator but it was found to reduce the destroying capacity of the Destructor by more than one third and to materially lessen the draught, and as a consequence the Corporation removed it for the time being.
I think the Destructor could be improved by the construction of a larger chimney, with a Fume Cremator, and with the addition of more cells—If these things were done I do not think any smell or nuisance from the Destructor would be possible.
Whilst the Fume Cremator was at work which was for over 3 months I had no complaints and there was no smell whatever from the Destructor.

The Corporation have by resolution determined to gradually abolish the pail system in favour of the water closet system, to construct two additional Destructors, and to put up a new chimney for the Destructor complained of.

They are also carrying out a system for the gradual conversion of the old ashpit closets to water closets, so soon as this arrangement can be carried out, that is, so soon as the old ashpit closets and pail closets can be done away with in favour of water closets, I shall be relieved of the most difficult and offensive part of the refuse with which I have to deal.

I am satisfied that the refuse in Blackburn under the pail and ashpit system is collected in the best possible manner and so as to create the least possible nuisance and under the water closet system it is not possible for any nuisance to arise—In my opinion the best method of getting rid of the refuse that has no manurial value is by fire and if properly done cannot be injurious to health whereas the disposal of it by placing the same on tips is in my opinion very prejudicial to health.

With regard to the complaint made in the Plaintiff's Statement of Claim with reference to the passage of carts along Pringle and Bennington Street, I say that all the carts proceeding to the Audley Depot pass along Bennington Street, and none pass along Pringle Street except such as may require to go there for the purpose of collecting the refuse from the houses in that street—There are no houses in Bennington Street it is impossible therefore that any person can suffer from the passage of carts along that Street.
Call William Whalley

William Henry Stephenson of Blackburn, Doctor of Medicine Edinburgh says:
I am the Medical Officer of Health for the Borough of Blackburn and have occupied that position for the past 10 years.I know the Sanitary Depot and Destructor and Small Pox Hospital at Audley which are complained of in this action.

With regard to the Sanitary Depot in the course of my duties as Medical Officer of Health I have made frequent inspections of the Audley District and have never found any offensive odour or nuisance outside the Depot arising from the collection of refuse on the wharf waiting to be shipped in the barges or otherwise disposed of and no complaint has ever been made to me by any of the residents in the locality by reason of any such alleged smell or nuisance.
With regard to the Destructor when the wind was in the South or South West I have occasionally detected a slight odour from the chimney but nothing to rise to serious complaint.
I believe that even this slight objection can be done away with by the construction of a higher chimney, as the fumes passing up the chimney will then be carried to a greater height and spread over a greater area.
I have never detected any fumes from the chimney which I should consider detrimental to health.
I believe that the burning of the refuse of Towns is the only safe way of disposing of it, and that Fryers Destructors can be worked without causing any nuisance whatever.
By the addition to the Audley Destructor of 4 more cells, a tall chimney and a Fume Cremator I am satisfied that no nuisance whatever would result from the burning of refuse in the Destructor.
The Destructor is situated in a Ward called Park Ward and this Ward is largely composed of the Districts surrounding the Destructor.
I have carefully considered the health statistics of this Ward especially for the last 3 years namely 1885, 1886, 1887 and I find that the comparison of the mean general and zymotic death rates between Park Ward and the remaining wards of the Town is as follows:

The general death rate during these 3 years in question was lowest in Park Ward and the zymotic death rate was lowest but one in that Ward.
I am fully conversant with the practice in vogue in Blackburn for the collection and disposition of the pails from the pail closets and the contents of the ashpit closets and I am satisfied that the work is performed by the Defendant Corporation in the best possible manner and so as to create the least possible nuisance.
I am aware that the Defendant Corporation have determined to gradually convert the pail and ashpit closets to water closets, and I find that this process of conversion is rapidly proceeding.  So soon as the conversion is complete the Corporation will be relieved of the most offensive and most difficult part of the refuse with which they have to deal.
With regard to the Small Pox Hospital;

I have given the subject of the Small Pox Hospital in Audley my careful consideration for some years past –
It is situated in a sparsely populated district and is in every way suitable for the purpose intended.
It is well constructed and isolated by high walls – In the year 1883, 4 cases of Small Pox were treated there - There was no Small Pox in the Borough in 1884, 4 cases were treated in the Hospital in 1885, 28 in 1886, 42 in 1887 and 82 up to the 22nd of May this year when the Hospital was closed.

The Hospital in Audley is constructed to contain 30 beds and during the existence of the Small Pox epidemic in Blackburn during the earlier months of this year it was found that the beds were rapidly filling and in consequence an incumbent duty was put upon the Corporation to provide additional accommodation.  In considering as to the best means of doing this the question arose whether additional accommodation should be provided by additions to the existing Hospital or by the construction of a new Hospital elsewhere.
Additions to the existing Hospital would have been very dangerous as the men would have had to work under conditions which would have rendered them subject to the infection from the Hospital, and the Corporation therefore determined to erect an additional Hospital elsewhere.
They possessed a piece of land with some disused buildings upon it at a place called Finnington and they accordingly rapidly turned these buildings into a commodious hospital.
As this new Hospital is larger and more commodious and capable of containing more beds the Corporation decided to use the Finnington Hospital in future to the Audley Hospital.
In the several Small Pox epidemics which have occurred in Blackburn the disease has each time been successfully arrested by means of the efficient isolation afforded by the Hospital, and I believe that if a suitable Hospital had not been provided the disease on each occasion would have spread through the Borough and become uncontrollable.
The Hospital complained of has been at all times under my very careful management and control and all known safeguards have been adopted to prevent the spread of infection.  No noxious or disagreeable fumes are or can be at any time emitted.

When the Hospital was occupied in 1883 to 1885 inclusive no cases of Small Pox occurred in the Audley District.  Of the 28 cases which were treated in the hospital in 1886 only one patient resided within a quarter of a mile radius of the Hospital.  In the year 1887 of the 42 cases of Small Pox treated in the Hospital only 2 patients resided within a quarter of a mile of the Hospital.

In the year 1886 the Hospital was open for 7 months and in 1887 for 6 months only.
At the beginning of this year (1888) early in January several cases of Small Pox broke out in the workhouse.
On the 6th March 2 cases were removed from Haslingden Road a distance of about 400 yards from the Hospital.
The infection in these cases was traced as far as it was capable of being traced to the Town of Haslingden.
The disease spread in this locality and 26 patients were removed from their homes to the Hospital.
During the whole period from 1883 to the present time only 4 cases of Small Pox have occurred in the portion of the Borough situate to the East of the Hospital (Travelling over East of the Hospital via Bennington and Pringle Streets)
In all the cases of Small Pox that have occurred in Blackburn previous to this year with few exceptions all the cases originated in other districts of the Borough and in 1886 particularly the seat of the epidemic was chiefly in St Paul's Ward which is situate on the other side of the Borough. 
I am fully cognisant with the method adopted for removing the Small Pox patients to the Hospital and for the disinfection of convalescents and persons leaving the Hospital, and I say that removal and disinfection is carried out according to the best-known scientific means, and I have never been able to trace a case of Small Pox to any convalescent or other person leaving the Hospital.
Call William Henry Stephenson

Note on Dr Stephenson's Evidence

This witness's opinion is that the local epidemic of this year has arisen entirely from the Hospital. Counsel will observe from the plan which accompanies that very few houses exist within the ¼ mile radius measured from the Hospital and those that exist are principally situate in the South West of the building.  During the prevalence of the epidemic in the beginning of this year the wind was principally in the North and North East consequently the wind blew straight from the Hospital over to the district in the South West and in the latter district the epidemic become most violent and as a matter of fact was there localized.
A special Sub-Committee was appointed by the Health Committee to deal with the epidemic.
In the month of March of this year Dr Stephenson called a special meeting of the Health Committee and he reported the increase of the epidemic and in his opinion it was caused through the prevalent winds driving the germs of the disease over the district. This statement was made by Dr Stephenson to the Committee when sitting and it is quite possible the Plaintiff's advisers may have obtained information of it from some of the Committee and if so it will no doubt be made use of on cross-examination -
This information is given to Counsel to enable him to deal with the matter if it arises -
If Dr Stephenson is cross-examined on the point he will have to admit the above fact.
Incomplete 'Title page' is missing for Thomas Higson
…past that the Destructor would be improved by the construction of a tall chimney.
I consider that the existing chimney is too low and has an inefficient draught.
I believe that by the addition of 4 more cells the construction of a new chimney already ordered by the Committee 100 yards high and the erection of a Fume Cremator the Destructor can be carried on without the creation of any nuisance whatever.

I am a large Cottage property owner in Blackburn and for myself and others have probably built as many cottages in Blackburn as any other individual builder – I have never received any complaints from any of the tenants.
I own myself 33 Cottages and shops in Audley the nearest of which are less than a ¼ of a mile from the Destructor and the farthest of which are less than ½ a mile from the Destructor.

These Cottages and shops always let well the worst of them to deal with are 15 which I own in Cumberland Street and which are the furthest from the Destructor.
The rents of the houses vary from 4s–5sper week.
The Houses I am referring to are situate in Maudsley Street, Audley Range, Riley Street and Cumberland Street.  They were not built by me but were taken over by me prior to their completion and finished by me.
The houses in Maudsley Street, Audley Street and Riley Street are well built good cottage houses and I have no difficulty in obtaining tenants. Those in Cumberland Street the farthest away from the Destructor are not so well built and tenants are more difficult to obtain.
The rents of the houses vary from 4s–5s per week.
I have visited and inspected the houses built by the Plaintiff in Pringle Street. They are badly built out of repair and damp and I am surprised to find that they are so well let as they are.
There are 51 houses and 3 shops of this number when I last visited the houses namely on the 20th of July there were only one house and one shop empty.
The rents I find from enquiry amongst the tenants vary from 4s/–4s/9d per week for the houses—These rents I consider high rents for the class of property and the district and compare very favourably with the rents obtained for similar class property in other parts of the Town.
The vacant land in Pringle Street and Bennington Street is in my opinion very unsuitable for building—the ground slopes towards Pringle Street on its Southerly side and on the Northerly side of Pringle Street and Easterly side of Bennington Street.  It will be very expensive to build upon owing to the enormous amount of filling up that will be required.
I find that in most parts the depth from the surface of the roadways is about 12 feet the cost of building Cottage Houses on this land therefore will be most materially increased
I consider that this land is undesirable as building land and has in my judgment very little building value.
I am of the opinion therefore that apart altogether from the Works of the Defendant Corporation in question which I do not consider at all affect the selling or letting value of the Plaintiff's property the Plaintiff would have great difficulty in letting or building on this land.
With regard to the land on the Southerly side of Pringle Street considerable cost will be incurred in excavations before it can be properly laid out for building.
All this vacant land in my opinion is eminently undesirable for building purposes.
Call Thomas Higson

Edward Sergeant

Total Mortality

The mean age of death of persons above 5 years of age in Bolton is from 45 to 46 years

 (This is the last page of Edward Sergeant's statement but I think these stats may be incomplete)

Zymotic disease and Mortality of Wellington Street and Milton Street, two streets adjoining the Bolton Scavenging Yard