OFFENSIVE PUBLICATIONS ACT.

Auckland Star, Volume XXV, Issue 229, 25 September 1894, Page 5

OFFENSIVE PUBLICATIONS ACT.

PROSECUTIONS AT THE POLICE COURT. a>; .-v^..,..-_

A man namod Joshua M. Connolly ...was charged ab the Police Courb this morning, before Mr R. S. Bush, S.M., with having on bhe 19th of September, exhibited in his shop, Grey-etreet, certain printed mabter alleged to be of an immoral nature , Mr Baume appeared for the defendanb, and pleaded nob guilty on his behalf. . Inspector Hickson conducted the prosecu-" tion, and said bhe information was laid under Section 3 of the Offensive Publications Act. He explained thab he relied mostly upon that portion which was as follows': *. Which the Courb shall be satisfied was intended to have an indecent, immoral, or obscene effect."

'Detective' Chrystal deposed that the defendanb kept a shop in Grey-streeb, where he sold books and other things. On Wednesday,, the 19th instant, witness visited defendant's shop and asked for a book entitled "New Zealand Edition of bhe Adventures and Confessions of a Gay and Giddy French Actrese." Defendant banded bhe book to witness, who, after reading a little, said it was; of an immoral nature. Defendant said. he did not think it was. He had'sold one each to two clergymen. By Mr Baume: All tbab was exposed to public.view .was the cover of the book, showing the title and style of the. book. The book produced was not the one he saw in defendant's window. ...

.Mr,Baume said there was no need to proceed further with the case, and quoted authorities in support of his contention. Mr Bush said the case quoted was for publishing., -. ~ ... .. . ~... Mr Buume said thab part of bhe charge had been abandoned.

; Mr Bush... eaid ho preferred to hear',the case . before he decided on a technical point. -'; Acting-Detective McMahon corroborated the statement of Detective Chrystal. In answer to Mr Baume, witness said thab the books produced were taken from a pile of books which wene on a shelf behind the counter. The books were end on. The cover of the top book could be seen from the front of the countor.

Mr Baume submitted thab the books were nob in public view when on a pile in the shop. He also pointed oub that the words "within public view" were omitted from the information.

Mr Bu'eh held thab the latter objection was fatal, and he dismissed the case upon that ground. Inspector Hickson asked leave to lay a fresh information, as the case was not dismissed upon its merits. This was, however, declined. -

'Daniel Griffin was charged with a similar offence, by exhibiting the same publication in his shop at Mount Eden. Mr Baume appeared for defendanb, and pleaded nob guilty. . Detective Chrystal deposed to seeing the same book in tbe window of this defendant's shop. He asked for ib and-read some extracts which he told defendanb were of an immoral nature. Defendanb said be was Borry to find thab he had committed an oflence, and thab he did nob think the book was any worse than the " Police Gazette," exhibitions on the stage and in the Museum. The book produced was the one seen in the window.

Actipg Detective McMahon gave corroborative evidence.

Mr Baume submitted that thi.'information also was bad and that there was no proof of the immoral nature in the contents of the book. He quoted the appeal case Charles Bradlaugh and Annie Besanb v. the Queen, in regard to a publication entitled the "Fruits of Philosophy." In that case ib was held thab " In any indictment for publishing an obscene book, it is not sufficient to describe the book by its title only, the words objected to must be seb bub." Mr Baume eaid in bins case only tho title of the book had been set but.

Mr Bush said this was not a question of publishing, but exhibiting. Mr Baume replied thab anyone who exhibited a libel, published it. In the presenb case no evidence as to tbe contents had been given. Mr Bush said the whole book wa9 before the Court in this case.

Mr Baume sajd so was the "Fruits of Philosophy,;' bat that did nob avail. The information was bhe base of the offence,' and what was omitted could nob be set up by evidence. Another judge had held thab were words constituted the crime they must be «eb oub in the information. . Mr Bush said tbe New Zealand Acb had in ib the words " of which the Courb shall be satisfied is intended to have an immoral or obscene effect." Mr Baume said the defendant was only charged with exhibiting, and only the oovers of the book had been shown. Mr Bush said there were people who would say thab bhe picbure was immoral. Mr Baume said if necessary he was prepared bo argue that the contents of the book were nob immoral.

Mr Bush Baid these prosecutions were instituted by the police for the protection of public morals, and the Acb was rather stringent. . _ , Mr Baume said the exhibition of the covers of a book did nob disclose tho printed matter within the covers. Mr Bash decided to bake time bo look np bhe aubhoritieß, and give his decision nexb Friday.