"SLEEP."

Dominion, Volume 1, Issue 110, 1 February 1908, Page 6

"SLEEP."

I THE "LONE HAND" CASK- / PICTURE HELD NOT INDECENT .1 Mr. AY. G. Riddell, S.M., yesterdiiy morn?, ing delivered reserved judgment in,the case' in which Bernard AVhittaker,' bookseller and stationer, v.'jis charged with . hayitig sold a picture which was .alleged to. .bp ol ail-in-decent nature. . .. ' | , His' Worship sail] :—''Defendant is, charged :that on. tho of December, 1907 at Wellington, ho sold to one. Arthur Andrews .r certain' picture in : the' 'Lorie Hand' m'a'gna.no,entitled. 'Sleep,' ■of.'.an'm-: decent • nature .contrary to . the' 'form 'of' (<m| In . sucll ease made and provided. The original'picture was ;painted bv'tlio well-known Australian artist, Bernard Hall, and has 1 beeu ; exhibited in. vanous Art-Gal-leries in" Australia, and all the expert e«-»fctm-n g bnr r thn h - ea r'" s ;was 'against' the pict- u.e being of an indecent nature; There is. clearly some distinction' between selling a p cture in a magazine and selling-the same p.cture on an ■ ordinary post-card..- A'companson Wjth similar pictures published in' magazines and books which liavo not been in nrr -rf f a doc . lsl °" Give- no assistance ivarrnmE ; -at a conclusion whether: a certain picture is indecent or not. The whole question is one. of individual' oiiinioh upon, tho tacts and circumstances surrouiidihg the sale. Ine border line, between decency and in.decency _ in pictures varies with the view of the individual, and that deneiids upon a great number of other factors."' ' y ln the present case 1 have had the ad van-' •?r ?i • I c . o . m ( P a / r i n 2 the. .picture in question with that of 'Psyche at the Bath.' which was dealt- with bv Mr. Kettle, S.M:, at Auckland in the ease Police v. Lawrence, on October 19D6. -Most- of the'.cases cited, at this hearing were ,discussed, hv -him in his decision (see Volume I, Magistrate Court Reports, p. 169).: On' page 170 he- says : 'The question'which Iliave to,, determine is'whether the sale by defendant, who is a pietur-" dealer, of copies of Lore). L'eightoii's lamous picture 1 syche s Bath" to a . constable Who :\vas instructed hv his superior s officer to purchase it-, in order that a prosccjition might, 'follow, is a'breach of" The Offensive Publications Act. , . •■' . - "'After discussing' the meaning, of the words obscene and 'indecent,'" Mr. Kettle, S-M----says: Tam of opinion that it would he a gross; libel on -'tile'' fanibus ' works "'if ■ suoh a. great- artist, as Lord Leightou ,-to characterise the picture as> iridecent Y . There -is an entire; absence of : impure suggestion; : nothing- lewd,' obscene, indecent-.- scandalous -or lascivious in the attitude and posture ing offensive to -decency, and-good .morals: The picture is not (to,.use. the-, words, of the Statute) "intended to have anindecent. immoral,,, or,- 'obscene:,'effcct: ion,' tho defendant-,' in,"selling: tlio -'picture to'tile constablo ,on! tho 'occasion'referred-to. did not. commit a .breach, of .the: Act , -' and the. information'must 'bo dismissed: ; It. is not: necessary for me to decide, ■iiiid'-r-wish : :"it'- clearly understood that. I. do> not .li'old,: that, photographs of-these pictures, as post-cards ought to be .fi.mlisqriminately.'.csHibit^va'n'il/sqld, to boys, aiu! -girls. V A; great''deal'mustr depend upon .t.lii! maniier; extent, and circumstances' under - .which . the > sale, .'publishing, .or. ex- 1 hunt-ion is .nia;le,:yqr;:'.to-'fi j words of■ L. C., J. Coburn in .llegiiia V. Hicliiiii',' "The' immunity must depend, on thbrcireumstances of the publication." ' ." V ~ ■

"I; agree . with the: dec'isipu-of Mr.. Settle'.6. the picturp. 'J'syche- 'at. the .. Bath,'.-and las the Jjoth' cases are somewhat siniilar; J.'am-liot' prepared ; to say,- 'after "conipavisoiijithat. tjie .eo'py,:of. thq tiieture-entitlod ''Sleep':, is '•ih4ecentY. v Ti;ith: his> remarks'iis'; to.' the -,i ni jir op.ri6t.y-f of,, .iadiscririiinntnly/'selling photographs of such pictures as poisf-enrds'"to .yonrig persons.' The inforvrijl ••bo "dismissed;" .

v-V-Mr.. Hcrcimaii : i 'ask that costs ho allowed ;iti thi-; caso', ; J. ..understand• that,/it; is 1 not nfeual' to allow - costß-agSiin,'>fc.|ui.e l j police.. Although, it- isi not, ,the',' custom.j ,stil! I .submit, that in fa. case like this,-where defendant is brought .before., the Court, and satisfies: tlib'. Court that he has not th« offend with which ho is charged, costs should be allowed. ,1 may,, mention that defendants. in this case have been put to considerable, expense—it bus. been necessary for them to bring witnesses to, testify to the dccency. of the picture.' submit that it is a case ..ill which' costs .-should ■be' allowed.

The Chief. Detective: I-have never known costs to l)c nil owed affamst the police m case; of this kiiid-r- ■ •- ■ , His AVorship : I can't depart.front tile ordinary rule. No "costs, .will be. allowed';. - '

. In a case against John Dickio, who was similarly charged; ••.jibiveyidencd; was offered liy tlio -police/' and;.tbqi information; was dismissed. [■;'.v:•"