FIVE CHARGED.

Auckland Star, Volume LXXI, Issue 87, 12 April 1940, Page 8

FIVE CHARGED.

PRINTED REPORTS.

CROWN'S ALLEGATION.

EFFECT ON RECRUITING.

CLAIMED TO BE SUBVERSIVE.

After two adjournments, the first charges laid under the Censorship and Publicity Emergency Regulations, 1939. were heard before Mr. W. R. McKean, S.M., at the Police Court to-day. There was a fair attendance of interested spectators. There are five defendants, all of whom appeared on summon*. The defendants and the charges are: —

The Charges. Donald McCarthy, 85, Vermont Street, Auckland, four charges: That on February 9 and 16 he did publish a subversive report, a newspaper "The People's Voice"; that on the said dates he permitted to be printed for publication a newspaper, "The People's Voice," with a view to facilitating publication or communication of a subversive report. Cyril John Gould, 48, Ponsonby Road. FouV charges. That on February 9 and 16 he published a subversive report, a newspaper, "The People's Voice"; that on the said dates he permitted the said newspaper to bo printed for publication with a view to facilitating the publication or communication of a subversive report.

Walter Ashton, 3.1, Upper Queen Street, Auckland. Four charges. That on January II and February 1.1 he published certain subversive reports, leaflets headed "Men and Women of New Zealand" and ''Soldiers and Workers," and that on the said dates he requested Frank Simpson to print the leaflets with a view to facilitating the publication or communication of subversive reports.

William Goss Dickenson, 48, Ponsonby Road, Auckland. Two charges. Tha't on October 24, 1939, lie published a subversive report, a leaflet headed "For Peace/ , and that on the said date he requested Frank Simpson to print the leaflet with a view to facilitating the publication or communication of a subversive report.

Frank Simpson, printer. 15, Wakefield Street, Auckland. Kight charges. That on October 24, 1939, January 11, January 21 and February 15, 1940, he published subversive reports, leaflets headed "For Peace," "Men and Women of New Zealand," "Labour Imperialists" and ".Soldiers and Workers"'; that on the dates mentioned he printed the said leaflets with a view to facilitating the publication or communication of subversive reports.

Each of the informations is signed l»y the Attorney-General, the Hon. H. Ci. R. Mason, his consent to the prosecutions being given under the Censorship H»9 Pub!kity j:n,er gency Regulations,

"Must Be Read As a Whole." '•In deciding whether the. document* which are the subject matter of these charge* are subversive within the meaning of the regulations, it is submitted that, firstly, the documents must be. read as a whole in order to appreciate their general character, purport and probable effect,"' said Mr. V. R. Meredith, in opening for the Crown. 'The individual passages may in themselves Ik? more direct in their references or stronger than the inferences to be drawn from them. Again, the meaning of these passage* is more pregnant because of the context in which they are stated."' He added that the document* must also be read in the light of the circumstances in which we were living at the time they were published.

'"The ISntisli Kmpire is at war and this Dominion, as a part of that Kmpire is also involved in that war, -, Mr. Meredith continued. "The Government, to whom is entrusted the control and welfare of this Dominion, has offered certain assistance to the British Government for prosecution of this war. and has solemnly declared the need for and has asked for large, numbers of recruits.

Existence at Stake. "It is recognised that the war is one in respect of which our future national welfare or, indeed, our very existence may be at stake. In regard to the national safety, it is of paramount importance that the effort to prosecute the war to a successful conclusion should not l>e hampered in the slightest degree Any acts done and any words spoken or written with a view to or with the effect of retarding and impeding this national effort is in effect striking a more deadly blow than an active open cneinv could strike against us on the battlefields." Effects on Public. He went on to say that gravamen of the. offences in the present cases was that there were definite attempts to create in the minds of the readers of the documents feelings that to light was to make a j>ersonal sacrifice of life, for a cause that had no justice behind it and in a war that was the deliberate creation by unscrupulous interests for their own particular hpnefit and financial gam.

"The direct result of such propaganda is to react adversely against recruiting,' Mr. Meredith continued, "and to foster feelings of hostility to those conducting the war, and generally to attempt to etifle all desire to prosecute war effort, thereby minimising the chances of ultimate 6ucces6."

The first caee called wae that of William Goss Dickinson, who entered a plea of not guilty through counsel. Mr. Meredith claimed that the pamphlet, '"For Peace," was subversive within the meaning of the Crimes Act, inasmuch as it expressed an intention to bring into hatred or contempt or to excite disaffection against the King and the Government of the United Kingdom. "Your worship will see that the war ie attributed to the unscrupulousness of warring politicians. Chamberlain is specially mentioned later in the document, "' he said. The Allies' obligations to protect Poland from aggression were stated to be merelv an excuse to precipitate an Imperialist war. The document would interfere with the success of His MajsetyV forces and prejudice r.smiting.

Counsel for Defence. For the defence Mr. Haizh said the article had to be judged ae a whole and not on isolated passages and should also be dealt with in the spirit of freedom and not of narrow criticism.

The pamphlet dealt with peace and could not promote disaffection. The deeire for peace was eomcthing that wa* not only confined to the writer of the pamphlet, but was something that was desired by large sections of the public.

The regulations, he averred, were not drawn up for the purpose of stifling everv cxpre«"*ion of criticism in the country.

To eay. as the |ieni|>hlet did. that the war politicians were unscrupulous was legitimate criticism and did not necessarily tend towards disaffection among Hk Majesty's Fore**.

"Politicians arc so used to being blackguarded that the use of the word 'unscrupulourines*' —which, in this caee I think should bo taken J* meaning untrustworthy, cannot affect them," said Mr. Haigh. (Proceeding.)