UNDER SUSPICION.

Auckland Star, Volume LII, Issue 158, 5 July 1921, Page 5

UNDER SUSPICION.

A PAMPHLET ON RUSSIA

" INCITEMENT TO VIOLENCE."

A JOURNALIST PROSECUTED

A charge of having sold a pamphlet "Inside Soviet Russia," which encouraged or incited violence and lawlessness, was brought against a Ponsonby resident, John Douglas Robertson, before Mr. J. W. Poynton, S.M., to-day. Mr. V. Meredith, who prosecuted for the Crown, stated that the circumstances were that, in consequence of knowledge that books of a nature considered to be injurious to the public mind were being sold. Constable Rimmer went in plain clothes to defendant's house in Lawrence Street, Ponsonby, and bought from him the book in question. He understood the sale of the book was admitted, and the prosecution rested its case on the contents of the book itself. The book was a pamphlet which, taking into account the circumstances under which -we were living to-day, was one that would have an inflammatory effect on the mind of the community.

His Worship: The weak-minded people of the comm«nitv.

Counsel said that the book purported to be an account of what happened in Russia by a French member of the Allied Military Commission that visited Russia. It was in the form of letters written to socialist friends in France, giving his impressions of what had happened in Russia and his own deductions. He was a frank admirer of Bolshevism, and chaimed that what Bolshevism did for Russia it would do for the rest of the world. He bitterly attacljed the Allies' policy towards Bolshevism, and proceeded to general comments at tho end of the book which supported an international revolution. The book practically supported violent revolution, or "violent tactics honourably undertaken as undertaken by the Bolsheviks.*' Counsel drew attention to a number of passages in the pamphlet, which he said, having consideration to the times, were likely to have an effect on weak-minded people, which would lead them to believe they were justified in resorting to violence and lawlessness to gain what they conceived to be their rights.

Constable A. R. Rimmer gave formal evidence of the purchase of the pamphlet for sixpence.

Mr. j. J. SuJlivan, for the defence, submitted that in a matter of such serious consequence to defendant there should have been evidence of persons having been actually incited to violence by the pamphlet, "evidence of these, weak-minded people who are said to be in the community. The Act was so very wide that it could be used to include persons receiving newspapers from the Home country if one of the newspapers should happen to contain a violent political article on the attitude, say, of some classes of the country towards Bolshevism and Soviets. As a matter of fact the pamphlet was by a responsible person, an accredited member of the Allied Military Mission, but it "was a series of letters written to friends in France before the end of the war, dealing with things as they then were, and having no reference either to present conditions or to New Zealand. The talk of "fight" obviously meant a fight on the economic field, not a fight with weapons of war. Similarly class war was a common-place, everywhere present and everywhere recognised.

His Worship: Of course. It is in the gaol, where the forger looks down on the vagrant. The whole tone of the book must be considered to reach a conclusion.

The Magistrate added that action that might be considered applicable to Russia, where the people were Oppressed, could not be held to be applicable to a politically free country like New Zealand, and the object of the Act was to avoid the incitement of the few "cranks" who existed in this country. Half a dozen such people, weak-minded in that they were easily susceptible, but generally highly intelligent, could do a very great deal of mischief.

Finally, counsel submitted that the pamphlet in question came through the Customs Department, and after having been held up for a time, was passed. Defendant was a newsvender and journalist who could not read everything he sold, and he had not a full knowledge of the contents of the pamphlet.

Evidence was given by Jas. A. Duncan, Charles E. Major, and Frederick Bartram, M.P.. that defendant was a pers<jn of good character, and of particularly peaceful temperament.

Defendant gave evidence admitting having sold the pamphlet. He had read it in parts, he said, because of the information it contained about Soviet government. He had published the newspaper "Commonwealth" up to March last. He had got the pamphlet through the Customs Department after it had been delayed two weeks for examination.

To Mr. Meredith, witness was secretary of the International Socialist Club, and the newspaper he had published was largely extracts on socialism.

His Worship reserved decision, remarking that he would have to read the pamphlet fully before forming a conclusion.