A FLAGRANT NUISANCE

Auckland Star, Volume XIX, Issue 174, 25 July 1888, Page 8

A FLAGRANT NUISANCE

SERIOUS CHARGES UNDER THE

PUBLIC HEALTH ACT,

THE FULL PENALTY IMPOSED.

The nuisance which has caused some little sensation in the western suburb during the last few days, camo before Dr. Giles, R.M., at the R.M. Court this morning, in the shape of a series of informations laid against Richard Hellaby and William Hellaby. Inspector Brobam represented the police, Mr T. Cotter conducted the prosecution, and Mr Calder appeared for both the defendants.

THE FIRST CHARGE ADMITTED

Richard Hellaby and William Hellaby were charged that they did on tho 18th July, 1888, suffer part of a dead animal to remain unburied upon premises in their occupation, situated near Cox's Creek, in the Borough of Newton, so as to become a nuisance.

Mr Calder pleaded guilty to this charge. Mr Cotter said that he appeared on behalf of the prosecution, and in this particular case ho would not speak at any great length, seeing that he intended to go on with another case in which the facts would be stated at length. The charge against the defendants was for "leaving unburied animal _ bones, etc., on premises situated in the Borough of Newton, and the defendant having pleaded guilty, tho only question for His Worship'to consider was with regard to infliction of the penalty. He thought that His Worship would have no hesitation in inflicting the full penalty allowed by law. If the facts as stated to him (Mr Cotter) were borne oub by evidence certainly tho nuisance upon the place, and the stench caused by this nuisance, had been severely felt by all the inhabitants of the surrounding neighbourhood. His Worship agreed to leave the question of costs in this case stand over. THE SECOND CHARGE. The defendants, R. and W. Hellaby, were next charged with failing, on tho 17th July, to keep clean the premises used by them for trade, causing eflluvia, which were a 1 "nuisance) injurious to the health of the inhabitants of: the district; and that they had nob used the best practicable means to abate such nusianco and for counteracting such eilluvia. Mr Calder said he would plead guilty to the nusiance in this case, but said that the defendants had dune tho best thoy could to abate it under the circumstances.

Sir Cotter, aftsr referring to the provisions of tiie Public Health Act, under which this information was laid, said ib would be proved tliab the premises in question were in the occupation of the defendants, and were situated in the Borough of Newton, adjoining the Borough of Auckland. It had been certified to the local Board of Health by their medical officers that this place was a nuisance, injurious to the health of the inhabitants cf the city. It had been questioned whether it was incumbent on the prosecution to prove that the nuisance alleged tho in information was one which would be injurious to the health of healthy persons, and this point had been decided absolutely in reference to a similar case heard at Malton. The Lower Court dismissed the chargo in favour of tho defendants, though it was absolutely proved that a nuisance, injurious to health, had been committed. From an appeal by the Board of Health from that decision, Chief Baron Kelly decided that the appellants were entitled to judgment, because the kind of smell which made sick people worse must also aftecthealthy people. The defendants in the present case were butchers in this city who carried on a private slaughter-house in the Borough of Newton, adjoining Cox's Creek. Besides carrying on business at the slaughterhouse, they apparently endeavoured to make use of refuse from that slaughterhouse by boiling down the fat, and otherwise utilising the bones and refuse as a manure. Whether they spread this manure on the ground at different times or kept the manure in a heap he did not know, hut it was a fact that for a considerable time past complaints hud been made with regard to % most offensive smell felt by inhabit'-nts living over a mil© to the south of Hollaby;s. When the wind wa3 in .that direction these odours pervaded tho whola district of Ponsonby, being carried on the Avind for a distance of at least a mile, and causing most unpleasant results. One e(Fec;t of this nuisancs wae that, in Wallacestreet, although remored some distance, the residents had experienced the unpleasant effect* more than others. The | district of Ponionby, as His Worship Yrould be aware, had b«en for some time past looked upon as an unhealthy neighbourhood in consequence of the greater number of cases of typhoid fever from which persons were suffering than in any other district in Auckland. Thos6 were now supposod to have bsen caused by unpleasant smells that had from time to time gone from the neighbourhood of this slaughterhouse. It had been difficult to prove that those smells had origin-

whenever complaints were laid there would be a refurbishing afc the slaughterhouse--refuse matter would be cleared away, and other things pub in propel' order, so that when person* went there the foul smells wore uot discoverable. So late as the middle of last April, Mr Fiod would tell the Court that the smell coming from the slaughter - house premises was so bad that he made complaints to the local officer, and the matter was adjourned pending sufficient evidence beins obtained to bring the case into Courfc. Some witnesses would state that not only illness but actually death had resulted in consequence of this very unpleasant nuisance. Mr Field and an other witness' named Johnston _ had investigated this nuisance and visited the premises, and he (Mr Cottor) ventured to say that the state of affairs found by them would not be found in any other part of the whole colony. A paddock adjoining the slaughterhouse had been covered to the extent of some acre or two to a depth of four to aix inches with the vilest • smelling compound that man's nostrils ever experienced. As Messrs Field and Johnston got close-to the place, the smell was so terrible that they could hardly approach it. They were, however, determined to see the matter to the end, and, in company with Messrs Ucllaby's manager, they went over the premises. Here he (Mr Cotter) thought he might mention that while Messrs Hellaby kept this slaughterhouse in Newton they themselves resided in the Albert Park. The local.Board of Health instructed Drs. Stockwell and Dawaon to investigate the matter, and they also visited the premises complained of. The manager admitted the nuisance, and telephoned to Mr Hellaby, asking what was to be done. He (Mr Cotter) believed that afterwards some lime was sprinkled on the top of this manure, but no attempt was made to plough it into the ground ; in fact, the soil was allowed to utilise the whole of the valuable elements of this compound, while the inhabitants of Ponsonby were to utilise or experience the whole of tho bad smells. Until the service of notice on tho defendants, he believed that they did not see their way to abate the nuisance, although it might be injurious to tho health ot their neighbours, and they were not prepared to sacrifice their grass paddock to the health of the neighbourhood. But since notice had been served upon them, tho paddock had been ploughed, and the vile compound put underground, and although the oflensive smell had diminished, it had not ceased altogether. One would have thought that tho defendants, being allowed to boil down and utilise bones,would have had sufficient privileges against their neighbours without having gone so far aa to top-dress adjoining paddocks with jthe most vile - smelling refuse of their manufactory. Other witnesses would tell that tho nuisance was such that were if it allowed to continue or to recur property holders would actually abandon their houses because they felt it impossible, unless a man was really offering a reward to the undertaker to livo in the vicinity. He (Mr Cotter) thought he hud satisfied His Worship that the evidonce would justify him in imposing the heaviest penalty, and in making an order that the nuisance should not be allowed to recur.

Dr. William Stockwell deposed .that he had been practising in Auckland for the last 20 years. On Tuesday week he went to visit Mr Hell iby's uremues at Cox's Creek. When he arrived there ho met Dr. Dawaon at the gate. Long before ho got to the place, when about a mile away, ho_ smelt the odour, and on entering tho premises ho found there wo 3 some difference in the odour. He was taken to the paddock where tho manure was, and was then able to say that it was the same smell he had smelt at Ponsonby. Ho found a man in tho act of spreading manure. Tho manure wus a black, putritied mass of abomination—accumulated refuse of a slaughterhouse that had been putrified. : There was no attempt made by the man to put the manure underground, and it wus laid as a top-dressing for a depth of from 4 to 6 inches. About an acre or more was treated in this way. The odour was so bad that immediately ho entered the paddock he experienced a violent headache. He had no doubt that the smell was the same as ho experienced at the Three Lamps on the following morning. He considered it a most dangerous nuisance to the health of the inhabitants of Newton and of tho city of Auekle.nd. No slops were then taken to abate the nuisance in any way. Cross-examined by Mr Gukler, vitr.css paidl ho was quite satisfied in his own niind thai- the manure was at least four inches above the grass. i George G oldie, Inspector of Nuisances for the city of Auckland, and the Local Board of Health, deposed that ho visited Messrs Hellaby's (slaughterhouse at Newton last Wednesday. Hedrovedown the road from the City Abattoirs, and walked through the gate to where the refuse had been spread on the land. Ho would say that tho refuse was decayed entrails from animals and filth from slaughtered animals —a most disgusting smell. In his duties dining the past 17 years as Inspector of Nuisances, and during his life, he had never experienced a more disgusting smell. He had encountered the fame smell at the Three Lamps in Ponsonby. When ho was at Hellaby's, lime had been spread upon the manure, but this was not sufficient, and he (Mr fioHie) told tho manager that, the njanuro should be ploughed into tho land immediately. On Saturday last he served notices on Messrs Hollaby, requiring them to abate tho nuisance. Tho nuisance was not abated then, and under direction of tho Local Boards of Health he laid these informations. He visited tho place again this morning and saw that, the manure had been ploughed in. On the land and to some extent along the road he was sensible of the smell remaining.

Cross - examined by Mr Caulder, Mr Goldie stated that on a previous occasion ho had reported favourably on Messrs Hellaby's premises.

John Henry Field deposed that he had resided in the neighbourhood of Cox's Creek for thirteen or fourteen years. On tho opposite side of the creek to his residence was situated Hellaby's slaughterhouse. He remembered tho 12th July last, when he encountered a horrible smell on going to town. When he reached the tram sfcablesliewasgladtogetintoatramandclosa the doors, the"smell being to bnd. When he got home again he found his wife quite unwell, and she said, " If this continues, one or more of us will have typhoid fever."

Thco nuisances bad been recurring again and ao-ain during the p«t live or six years. The health of Ponronby lately had been very bad. On Tuesday last he experienced the .smell comingl in puffs from the direction1 of Hcllaby'?. It was the moid horrible smell a man could imagine. Ho and Mr Johnston determined to' trace the smell. On the foreshow vms a very foul smell, and the further they went the more intolerable became the smell, They found aomo black and foul matter on & puddock ; they estimated that the extent of the ground over which this manure was spread was about two acres, and it was about 4 inches deep. As they left the paddock the smell decreased. They also visited the Tallow Company's, ibufc found nothing there likely to have caased the smell experienced at Ponsonby. They made a circuit of Hellnby'b glace, and were firmly convinced that the failure spread on the paddock was tho same that caused the bad sir-oil in Ponsonby. Since then he had ff.:.iueiilly experienced bad effects from f*is email*

Cross-examined by Mr Calder, witness said that he would not attribute every headache then experienced to Messrs Hellaoy's premises. The smell from the Tallow Company was faint compared to the effluvia noiu Messrs Hellaby's place. He had tracedstinks to:\le-s s Hellaby's, bub had not endeavoured to truce ttjem to the Tallow Company. Dr.' F. W. Duwson deposed that he had been practising in Auckland for 17 or 18 years. He visited Messrs Hellaby's slaughter-house on Tuesday last, and in company with Dr. Stockwell and one of Mr Hellaby's men, inspected a paddockon which manure was being spread. It gave forth a most offensive odour. He visited patients in Ponsonby every day, and he noticed the smell on the Saturday previous to his visit. He noticed the smell at Cox's Creek, all over Bayneld, and Home Bay. The smell was injurious to tho health ot the residents within reach of it. Inspector Broham at this stage referred to an information laid by the police similar to the charge on which tho defendants had pleaded guilty, and asked permission to withdraw it. This was agreed to by His Worship. Joseph Johnson Gardiner, deposed that he had resided at Cox's Creek for about 12 years. On Tuesday last he visited Hellaby's paddocks, and what he saw corresponded with the statement made by Mr i'leld. He had experienced this smell for years occasionally. Ontbel2th, 13th and 14th of July it was very bad. There had been death in his family, and he believed this bad smell was the cause of his daughter's death. In consequence of the bad smell he liad had to close up doors &nd windows, and everyone who cuuld keep inside did

so. In answer to Mr Calder witness said that his daughter ultimately died of typhoid fever, but he believed it was caused indirectly by Messrs Hellaby's premises, which were the nearest likely Co cause such a result.

Mr Calder said he did not see the necessity for all these witnesses. They would soon have the smell imported into the Court.

Mr Cotter said that His Worship could imagine what the smell was like when Mr Calder had such a violent objection to it, and possibly judge of the experiences of the residents ot Ponsonby. He would now call Mrs Simpson, teacher of the Bayneld school. Mrs Jane Simpson, head teacher of the Bayneld school, deposed that on Tuesday week and on previous days sho experienced a very bad smell at the school. The children complained of the ernell very much, and sho had to close the windows. Witness also noticed the bmell at intervals during the week. The school was situated near Mr Mason's gardens. Mr Cotter said he had a number of other witnesses who could speak of the same thing. His Worship said he was there on Saturday himself, and knew _ what the stench was. He did nob think it necessary to call other witnesses to prove that tho stench was bad.

Mr Calder then addressed the Court for the defence. They had admitted that the smell was very bad, but hojdesired to call the uttentkm of His Worship to thesection of the Public Health Act under which thoy were charged with having neglected to abate tho nuisance. Ho would call Mr Richard Hellaby to stato what was done to abate the nuisance. He also stated that Messrs Hellaby wore about to adopt Barnsdale's process, which would do away with the offence referred to, and alsoanothor method of abating any other offences. In reference to tho penalty ho asked that a light amount should bo inflicted in considrration of his clients undertaking to abate _ the nuisanco in the manner stated. His clients were sorry and expressed regret that they had caused such an offence. It really arose through a sudden change of wind, and there was no intontion to create a nuisance.

Richard Hellaby, one of tho defen dants, deposed that complaint about tho nuisance was first made to him on Tuesday week by telephone, and he told his manager to stop carting manure at once. He also told him to get lime and spread over tho paddock. On the following day ho visited the paddock and saw that the lime was beintj spread. He gave orders that the manure should be got out of sight as quickly as possible. Seven men were employed and they stopped work only when the wind was blowing towards Ponsonby. They started to plough the paddock on Saturday afternoon and linisheel next day. He did not plough before, because he was anxious to get tho heap if manure removed fir.se. Tho nuisance was iow lib.'itcd. for the future he v.v.s

propwed to use .Barnsdale's process for deal in^ with the blood manure, and Mesaro. Warner's process (already underway) for dealing with the digester. In answer to Mr Colier witness said the heap of manure amounted to about 200 tons and included stablo manure, pig manure, and blood from the slaughter yard. He gave the order that it. should be spread over theland. The smell usually blewolFin two or three days, but in this cftfio it was much stronger than previously. (Laughter.) The application of lime was effective on what "was spread, and he ploughed the mauuro in because he was ordered to do so. ANOTHER OFFENCE ADMITTED.

.Richard Hellaby and William Hellaby were then charged that they did on the 17th July allow promises in their occupation to be in such a state as to be a nuisance and injurious to health, and that, in the opinion of the Local Board of Health, the nuisance was likely fco recur on the said premises. Mr Calder said that he would plead guilty to this charge, as;Mr Cotter was bound to get the costs under section 61. Mr Cotter said that all that was asked for in this case was an order prohibiting a recurrence of the nuisance, and costs. A further charge against bhe defendants of allowing an accumulation of animal matter to be upon their Cox's Creek premises on July 17 Avas withdrawn.

THE FULL PENALTY INFLICTED.

His Worship said that he had really to deal with two informations, on one of which evidence had been given, and 'in respect of another upon which an order for costs was asked. Therefore, what he was asked to do, and what, of course he had to do, was t^ impose a penalty in the first instance and make an order for payment of costs in the other. The only question for decision was as to the amount of the penalty, the Court limited it to ». sum between 40s and £5. He did not think it was at all a plea for mitigation of the uenalty that a person, after having done a thing of this kind—showing an utter wanh of care for the health and comfort oi 8> large number of the public living near—tv show in Courb that he had been abating the nuisance. Ho thought it quite necessary for persons to laarn to bear in mind beforehand what the consequences of their notions might be, and that the cunsice.ation of the public health and the comfort »( their neignbouri wero important considerations that ife wae their duty toiameinber. He did not think, considering the nature of this nuisance *nd the time it, had bean g-oinr on, also its extremaly aggravated character, that the largest "penalty wag in any degree too much. A penalty would bo imposed to that extent in the ca?e upon which evidence was taken and in the other case he would make an order for costs.

Some argument ensued on bho question of costs, and eventually they were made up, making, with the fine, a total of £19 15s.

The sobooncr Gisbojme leaves Gisborne on Saturday uexfc on lief velum trip up the coafctL