CHARGE AGAINST BOOKSELLERS.

Dominion, Volume 2, Issue 315, 30 September 1908, Page 9

CHARGE AGAINST BOOKSELLERS.

; ALLEGED IMMORAL LITERATURE. (nv TKUvGItAI'll—rriKSJ ASSOCIATION.) Ciirlstchuroh, September 29. .Considerable interest. was taken in the hearing of charges against several local booksellers this morning of selling immoral literature'.in the shape of novels by sovcr.il well-known writers. Mr, H. W% Bishop, S.M., heard tho cases, and Mr. V. G. Day, S.M., occupied a seat on the Bench, but took no part in the hearing of tho cases. Tho first charge, taken was that against Harold Sherwin, • bookseller's assistant,' in tho employment of ■ Fountain Barber, who was charged with selling Herbert Wales's book, "Tho Yoke," to Detective James Kennedy. ' Detective J. Kennedy was called by Mr. Russell. ' He said that ho went to Fountain Barber's shop with another dctectivo and saw tho dofendant and asked for "Tho Yoke." Tho defendant' said "It is pretty solid. You have to tako your coat off to read it.' 1 Tho book was purchased. Tho defendant admitted selling the book, but ho' did hot admit saying to the detectives that they would havo to tako their coats off 'to read it., They asked for three 'books, which included a French novel. They remarked- something to him about taking :their coats off when reading the books. Ho replied-lie: did not want them to take their coats off for anything ho sold them. Ho jknew it was an advanced.novel. The magistrate said he did not accept the 'clefenco, and was going to'convict defendant. He would inflict a fine later. : 'Fountain Barber'-waV similarly charged. The defendant gave evidence' that ho ;had always tried to keep nothing but clean book's in his shop. He instructed his buyers that'certain authors were not to he sent to him,'and questionable books .zero not to bo sent. . ' Mr. Salter, for tho defence submitted that the defendant had not had a reasonable opportunity of reading the book. The magistrate said that he. was afraid that he oould not agree with counsel. However, ' looking at tlio standing of the defendant' as. a bookseller, ho would reserve his decision and give tho matter a littlo moro thought. . • .' • Goorge Railkm was . similarly charged with selling immoral literature, the book in question being "Anna Lombard." writton by Victoria Cross; - ; ■•'. Detective Kennedy said that he went to Simpson and Williams's shop and asked accused for "Tho Yoke."- The accused said that, they .did not havo that book. Witness then asked for, "Anna Lombard and purchased ft copy. Tho accused tola linn that "Anna Lombard" was a good book, similar to "Tho Yoko." . A conviction.was recorded.' Joseph Sea.burn Williams was the next charged; ' ; Detective Kennedy said that he visited Simpson and Williams, Limited, on September 3, find purchased a book entitled "Anna Lombard" from Mr. Rankin. This book ho produced. . ■ 'The defendant said that lie had been as r sociated with Simpson and Williams, Ltd., ; since 1865. Their agents had tho highest character, and ho had instructed them not to send out books which wore immoral in any way. He named the editions which had boon circulated, and said.that ho may have scanned tho book, but nothing ho saw led him to suppose tho book was immoral. He road the'viows on the covers, and thought tho book was porfcctly moral. After tion was called to tho of tho book tho sale was stopped.;-' • ' : ■ Tho magistrate ' remarked that tho fact that a' book had a large circulation was ft.br solutoly no test of its morality. In this,case ho would reserve his decision, not in any way on the question ■of tho immorality of the book. - Ho had no hesitation in saying that the book was an immoral ono within' the 'moaning of the section of the Act. - Frank Harold' Christian was charged with selling immoral literature, the books being IFivo Nights" and "Six Women." •••'• The magistrate held that both books were immoral hooks. Ho agreed - that they w'oro distinguishable from tho others, but only in the matter of 'degree. The first chapter of "Six Women" was grossly immoral. A conviction was entered in both cases, .the penalty to be inflicted later on. Geo. Hawkes Whitcombe was similarly charged in respect to the sale of tho.same books. Mr. Russell, Acting-Crown Prosecutor, said it seemed tli'a.t the only precaution taken by booksellers was to instruct their buyers not to send bad books. The defendant 'might say that it. was impossible for hifri to find out what' was in tho books, but tho law did not recognise that impossibility. In order to gain exemption they would have to 'show, that no reasonable 'means could be devised to meet tho case. If they failed to do so ,the law would tell them to take tho responsibility of carrying on that branch of their trade. , . _ , ,Tho magistrate remarked that there might be something in another suggestion that booksellers should havo been warned > before being prosecuted. The magistrate said that lie 'would reserve his decision, and he would give judgment to impose penalties this day week..