The Northern Daily Times.
Liverpool, Merseyside, England, 1857-05-19 00:00:00

THE ENQUIRY INTO THE BURT &L SYSTEM.-
BT. JANET C MIETE I/ V.

This enquiry, which was adjourned on Saturday las+,
was resumed yesterday, at the Chancellor's Cou-t, St.
Genrge's Hall, at two o'clock. Mr. P. H. Holland,
the goverrment inspector, presided
Mr. M'Gowan, and several other officnrs of the Health
Committee, were in at'endarce, as were sev(rai other
parties, who feel an interest in the subject under con
sideration. _ _ _

Mr. M'Gowan first called Mr. James Pe-'der, late an
attorney of this town, who stated that he had been in the
habit of walking on the Moult, and bad frsquently
observed a strong odour from the south site of the cemetery
as he had b-en walking there, par icularlv when the wind
has been b.S.Es, and in warm weather: lie had siso seen
a white vapour arising from the cemetery, and had often
wondered what caused it.
By Mr. M'Gowan : He should say the smell arose from
the burial ground, as it was a churchyard.
By Mr. Almond : He bad been in the hehit of going
there for the last three years, and had always noticed the
same smell.
Mr. Campbell, the son of the Rev. Rector Campbell,
said, if by these proceedings you threaten to teke away
that which is legally and justly the property of my father,
the rector of Liverpool, I protest against them, as unjust
and iilsgaT, as he has etc ived ro notice whatseevsr of
them, nor have I had time to co nmiinicate with him.
But Urea. merely wiSh to pit a stop to that wiech is illegal
or damaging to the general health of the neighbourhood,
I feel perfectly confi tent that my father would not object
to your proceedings, as he is incapable of making a pr fi
of that which is contrary to law or p-opriety,
The Inspector said, he could not tell whit the result of
the enquiry would be. He was there to make an investi-
gation. and on the evidence he got there he should make a
report to Sir George Grey.
Mr. Campbell : Then yoa-are only here to gain infor-
mation?
The Inspector : That is all.
Mr. M.Gowan said, he had stated that he was quite
sure that the rector would not offer any opposition to that
which was right and proper.
Mr. Campbell then retired.
Mr. Almond, who appeared on behalf of the trustees of
the cemetery, said it then became his previlege to address
what observations that had occurred to him since the ad-
journment on Saturday. There was no doubt but that it
Was an important inquiry, and he regretted hat he had
not the popular side of the question to deal with. He then
cited the several acts of parliament bearing on the subject
of burial grounds, contending, that as they, the St. James's
cemetery, had an act of parliament by which they ha I to
be governed, there was a great difference between that and
other places which had been referred to, and contended
that much embarrassment would arise if the cemetery was
to be entirely closed. With regard to the course of inter-
ments that had been carried on at the north side of the
cemetery . indiscriminate interments—there had been no
improprieties, and therefore he thought that as little inter-
ference should be made with it as possible, only limiting
the number of persons to be buried in one grave.
The Inspector : Are you prepared to make any offer or
suggestion.
Mr. Almond : No, I am not, therefore I have only been
speaking hypothetically.
In concha:on, he millet
Mr. Henry Dawson, of 14, St. James's-road, where he
had resided since 1839 ; he had no property adjoining ;
his house was about 150 yards from the north entrance of
the cemetery; he had been in the habit of passing the
cemetery morning, noon, and night. and of walking in the
gardens of a morning before breakfast, and all that he cou'd
say was, that he never perceived any smell, and had never
experienced any aneoyanee from it, nor had he ever hear 1
any complaints from any of his neighbours; the property
in the neighbourhood has depreciated in value, as all other
property had, but not more so there than in any other
place; he would not attempt to contradict what had' been
said by other gentlemEn, as he was not so well acquainted
with property; he thought dwelling house property had
depreciated all over Liverpool.
By Me. M`Gowan: From the situation of his house it
would be almost impossible for a smell from the cemetery
to get to it; he had been frequently in the cemetery, but
had never felt anything unpleasant ; he was unacquainted
with the value of house property.
Mr. J. B. Aepinall said he was well acquainted with the
locality of the cemetery, and, he could say that he never
hard of any complaints against the cemnery. When '4li/-
sing there he had never experienced any iapleasant smells,
He thought that the depreciation of the property belonging
to Dr Formby arose from the panic which arose some time
since about the fracture to the houses, which was about as
unfounded a. the present panic about the cemetery. He
thought all house property had depreciated in value of
late years.
By Mr. M`Gowan : Thought that it was impossible that
any nuisance could arise from the bodies being placed in a
grave, because it was such a distance from the h' uses. The
smells in Dr. Formby's hou§e must be very occasional, er
very local, as it did not extend to the next door
M'. W. Cuishaw, architect and surveyor, had lived next
clooi to Mr. Dawson, bat then lived in Rodney-street. He
had never had the slightest smell to complain of, but had
of the congregation of parsons at the funerals, but that he
had gat used to before he left St. James's Terrace. He
thought that the persons who attributed the depreciation
of the property in that place to the smells were mistaken.
The only smell in the neighbourhood was from the gaily
holes at the corner.
By Mr. M•Gowan : He thought the houses in Gambier
terrace were too large for the locality, as were also the
others, and it was that which was the cause of the deprecia-
tion in the value of property. The rent he paid for the
house was .£7O per year.
Mr. Charles Taylor, Russel-street, was next called, and
he stated that he had never experienced any offensive
smell from the cemetery. His • brother, & surgeon, had
said to the same .effect.
Mr. Higginson had resided seventeen years in the
neighbourhood of the cemetery, but had only felt bad
smells from the gully holes that were badly trapped. He
had also smelt a very strong smell from the growing
poplar trees in the locality. He had, since this enquiry
gas on foot, been at the cemetery and had the graves
opened, but had failed to smell anything offensive. He
deprecated, however, the pit burial system as being
exceedingly objectionable.
Mr. N. D. fold, one of the trustees of the cemsfery,
bad lived in the house after Mr. Cuishaw had left it, and
paid £65 per annum. Ha did not know anything about
the pit burial;.
Mr. Bannister, the chaplain of ths cemetery : Hs said
for the six years he bad done ditty there, he had never
experienced any offensive amens fr m ;he graves, but had
from the bodies that had been brought there. He could
say that he had never smelt anything off nsive when he had
looked into the graves after they had been re-opened on
. the following day. He should not say that it was an
exaggeration to say that fifty bodies had been put into
one grave, but he did not think they were kept open so
long as a month. He had always been told that
it was not so, but could not speak from his own
knowledge,
Mr. .Courtier, the secretary,
.said the total n'timner
of in :e th?t had taken place since, 1828 was 24,0 0
That 516 common grazes or pits had ben mad?, in which,on
sin averege thirty bodies had been put into each.
There are above 163 of the guinea graves in which there
were twelve bodies in each grave. There are about 10,000
private graves and vaults, some of which are unoccupied.
There are 44,000 yard; of ground, 16,000 yards of which
have been disposed of, therefore about one half of the
evadable space had not been appropriated.
This concluded the evidence, after which Mr. M‘Gowati
said he had a very few words to say on the point of law,
and that was, that if he was right in the view he took of
the law, the Inspector had full powers to interfere, and
put a stop to such practices; but if he was not, then it
was a defect which should be remedied by another act of
parliament. He then ably replied to the legal ergumente
adduced by Mr. Almond, Ix the purpose of showing
that he was right in the view he had taken of the law,
as to the power that the Inspector had to interfere in the
subject. He next went into the merits of the case, before
doing so, however, he said that if the act did not meet the
case, then it would be the duty of the Government to
obtain one that did, and on the part of the Health Com-
mittee, he called on the Inspector to do so. But he thought
that he possessed the full power to thake an order, and, as
nuisance had been clearly proved, he hoped that
such would be the result. He then commented
upon the evidence 'that had been adduced on the
* part of the trustees, which by no means contro-
verted - the positive facts he had proved in the
first instance by a host of respectable witnesses, against
isle or two who bad' not been so clear on the subject.
Ho concluded by asking the inspector if he, as a Govern-
mentofacer, could allow such a system as had been proved
should be continued, and said all the Health Committee
wished to de was their duty to the pubic, and he
did not think that they coul i he accused of unfairness
in the discharge of an unpleasant duty.
The Inspector said teen were two points that had to
be settled in this matter; the on; was a point of law,
and the other a point of fact. With regard to the law,
ha could not take upon himse'f to settle that, but
I will draw out the case as fair as I can, and
let it be settled by those who are competent to do
it ; but betels I report to my superior officers, I
shall feel obliged if Mr. M‘Goveen would- furnish me
with the acts of parliament to which he has alluded, and
the sections in full. But I will say this, it is my own
Impression that this cemetery does come within the law ;

but the next difficulty I shall have to contend with is—
has a nuisance existed ? On that point we have had the
most positive testimony given by some most respectable
parties, that they have felt it to be a nuisance, and Lay?
actually smelt the o'o r. Others, equally as good, have
came forward aid said teat they bad never felt it, bu,, as
Mr:Nt‘Gowin very insLly observed, one fact was wor h
fifty asserions Vrith re- to - north end, I
shall report that I thine L;l,, 6:11“:3 ...risieg viler
are more fr.,ni tha gully holes than tr.in the
burial gronad, because he had had the positive
fact beflre him, that there was a very offensive effluvia
from the sewers in that district, which he thought could
not come from the burial ground He then went on to
say that there could not be a doubt but that burying so
many persons in one grsve had been injurious; indeed,
all the witnesses had admitted it, therefore, he thought
thst some god would result from this investigation. I
believe that the trustees are quite willing to do what they
canto meet the requirements of the public, and therefore
it is that I do not think I shall be required to make any
stringent orders, but I shall take time to consider. the
question well, and also to hear any farther information on
the subject from either side.
Mr. Almond on the part of .the trustees, and Mr.
M‘Gowan on the part of the Health Committee, then ten-
dered their thanks to Mr. Holland for the attention he had
paid to the investigation.
Mr. Bold assured the inspector that the trustees
would be most willing, and were most anxious, to comply
with the wishes of the inspector if he considered that the
present system was prejudicial to health.
The enquiry then terminated.