OBSCENE LIBEL.

Press, Volume LXVIII, Issue 20543, 11 May 1932, Page 7

OBSCENE LIBEL.

THE DE MONTALK CASE. \ NEW ZEALAND POET IMPRISONED;. ,♦. ...;•' • ;■... ' ■ . ■■■• .■>■■■ (tJNITBD PfißSg ASSOCIATION— SI BMCTSIO, .. TTXEGRAPH—COPTRtOHT.) LONDON,'May 9. In the House of Commons, Sir Herbert Samuel (Home Secretary) stated that he was unable to recommend the remission of the sentence passed on. Geoffrey Potoeki de Montalk, which the Appeal Court had upheld. De Montalk, who formerly belonged to Christehurch (New Zealand), and who described himself as a poet, was sentenced in February to six months' imprisonment in the second division on a charge of having published an obscene libel. . APPEAL DISMISSED. l/ROM ODI OW* COBMSPOSDXHT.) LONDON, March 19. '< On February Bth, Geoffrey de Montalk, j a young New Zealander living in Lon- ' don, was sentenced by the Recorder at the Central Criminal Court to six months' imprisonment in the Second Division for obscene libel. His younger brother and some of his friends interested themselves on de Montalk's behalf and succeeded in obtaining subscriptions adequate to carry the case to the Criminal Court of Appeal. It would appear that a number of the subscribers were actuated by a lack of sympathy for the law which restricts self-expression in verse, even when those verses may be deemed indecent. The ■ appeal came before the Lord Chief Justice, Mr Justice Acton and Mr Justice du Parcq. Mr St. John Hutchinson appeared for appellant, who was described on the list of cases as Geoffrey Wladislas Vaile Potoeki de Montalk (of Wormwood Scrubs). Mr L. A. Byrne appeared for the Crown. De Montalk, who was at the hearing, appeared in a purple cloak, with a white ' silk'.scarf round his neck. His long hair was carefully arranged. In outlining the casry Mr Hutchinson: said that de Montalk and a friend went on January 13th to a printer asking him to set the type of four poems, The printer, said that he did not wish to have anything to do v/ith the matter, but he suggested another printer. De Montalk, and his friend went to this other printer. They told him they merely wanted the matter set up in type. 'They themselves would .'do the...printV : ing. The; printer said- he would dis* 'ciiss.; the matter.with his .partner-. After* wards he submitted the verses to thepolice and de Montalk and his friend were arrested. At the Police Court the friend was acquitted but de Montalk remained in custody for four days until the trial at the Old Bailey. He was sentenced to six months' imprisonment and had been .in prison since the trial. "Intention to Corrupt." ; .Mr Hutchinson, •• continuing, maintained, that, when an action for obscene libel was brought against a man there must be'proved an intention to eor-. rupt public morals. This was an integral part of the action.' He quoted Mr Justice "Darling: and Lord. AlyeratonV He. •would suggest;that" so long'-as. a man's action, tth; writing. dwi-Cnqi interfere .with or corrupt any pthpr. human being: [there could be ho intention to corrupt, public morals. The verses in. this case were not printed. If they had been printed de Mdntalk meant to circulate a certain number among his friends. He had no intention of selling them for profit,... ..-. .., .. ..... ,:..-, ! The Lord Chief/Justice said that there-was surely-nodotibt ast-to publi-' cation. Publication- wnsr proved" if a. thing was shown to anyone. . Mr Hutchinson maintained that if action were taken the common, law many people might be found guilty of obscene libel.for selling the works of, such writers as Swift and Dryden. if certain medical works got into the* hands of the wrong people Mt' ; might, .very.well bofiuggested\tbatr.:tbeywould> toorrupi ..iEe- - public morals. ..:;:• ■. ; .:: ; Their, Lotdslifps "declined- to> accept; 'the- comparison, between : . works- which: had a literary Rvalue, and the present verses, which the learned Recorder, had described as "filthy," f'obscene," and as "oflal." . . ' .: Direction to the Jury.; 'Counsel, giving his reasons for the. appeal against conviction; said; that; the learned Recorder failed, to direct the j ury .that it' was jieoessary to show: an intention on" the ipart of. accused, to eohupfc public morals. Secondly, tlie jury ' cbnferred in Court together for fifteen minutes instead, of retiring. 1 Before they had finished their conference the learned Recorder said: "Have"you all got copies (of the verses)? Can you possibly have read, them?" This remark, counsel maintained, was equivalent to saying, "it you have read, the "verses,; you .oonld not possibly come to any" : other' Conclusion than that the accused is ; guiltyi" Reverting to the appeal for a reduc-, tion of sentence, counsel referred to a remark mode by accused a* the previ-: ous hearing. The Recorder asked accused if he had anything to aay ■ in [ regard to his punishment. Accused replied: "You ought to send me for sevI era] years to Buckingham Palace." This reply might have influenced the learned Recorder in giving isentence. Counsel maintained that accused had in mind the answer of Socrates to his accusers, and there was some excuse for a man of an eccentric nature. Lord Chief Justice: Do you imply there is any comparison bet'sreen Socrates and this manP Mr Hutchinson: No. my lord, I only suggest that accused had the reply made by Socrates in his mind when he answered the learned Recorder. Ho had no intention of any wrong. Mr Hutchinson went' on to refer to prisoner's previous good record. He was a. serious writer and had produced work approved by well-known people. Hfe. had no intention of selling the printed matter. The verses were to be distributed among people whose morals were not likely to be corrupted by it.: The Lord Chief Justice, giving judgment, said: There is no doubt as to publication. There is no doubt that the materia] referred to is in the highest, or lowest, degree obscene. There is no reason at all for interfering with the conviction. In regard to the sentence,, it was passed by a , learned Judge with long experience. We have carefully considered the matter and we see no reason for interfering with the sentence. -