Indecent Prints.

Daily Telegraph (Napier), Issue 5880, 11 July 1890, Page 3

Indecent Prints.

M'DONALD SENTENCED TO FOUIt MONTHS' IMPRISONMENT.

Charles James MoDonuld, on remand and on bail, was charged at the R.M. Court this morning with having , on the Bth July wilfully offered for sale to oue Samuel Peri'oval Norwood, in Byror. street, a public place, curtain indecent prints. Mr Brassey appeared for the accused, who pleaded not jruilry. Counsel raised the name objection as ho did before the Justices of the Peace on Wednesday, that the information was bad, as it did not disclose an

oiienco. Inspector Kiely said the accused offered for sale these pictures of his own accord to Mr Norwood, Clerk of tho Police Department here. Whilst in tho act of selling them, Sergeant Cullen came in view, and prisoner showed an inclination to conceal the prints. The Inspector was here interrupted by counsel, and the former said he would never again stand up in tho Court to state a. case but would biinply go to tho evidence. It seemed the habit of some barristers to always interrupt the police. Mr Bniflsey said it was the duty of couni sel in a oae'e to state his objection before tin: case was gone into. In thia case tho information did not disclose any offence. He quoted the easo of Queen v. Bradlaugh and Besaut.

The it.M. said that was an indictment, but counsel contended it made no difference. The 8..M. said the photographs, whatever they were, could not be produced on tho information, or the police might be charged with exhibiting indecent pictures. He held the information was good, with which ho was satisfied, and the alleged indecency was a mutter of evidence.

.•si-rgeaiit Cullcn stated Lo saw the accuse J is Iking to Sir Norwood, who was in plain clothe.", on the Bth July. Accused had some papers in bis hand and also a black box, and saw him show something to Norwood, who called his attention to tho fact that accused had offered him French cards for sale. Then told the accused ho should taku him to the station to see what he had got on him. and accused said ho was quite willin" to be searched. McDonald said ho hid no French curds on him; what he offered were those (produced). On opening some packs found in each indecent prints, which were all right on the face of them, but they required looking into cloeolyto detect tho indecency. Also discovered indecent prints at accused's shop. To counsel: The indecent prints weronot cxpused, but it was for offering theso for -iU> that tho information was laid. Accused had told him that he had been previously charged with selling pictures, i.ut tho ease was dismissed; ho did not tell ! him that they were these same pictures. I Samuel Norwood, district clerk of the Police Department, stated that on the day in question accused stopped him in Byron Htrt-ot, and said, " Do you want to buy any French cards," and on asking him whether they were any good, accused produced ii packet of photograph pn'its (handed in). Asking him whether ho had any butter ones, accused produced another packet, and whilst in the attempt ot Showing him the priuts, accused saw tho Sergeant coming down tho street, anu

seemed frightened and made an effort to conceal those he had shown him. MoDonald then invited him down to his shop in Dickens street, and on going there he found other pictures which he considered were indecent.

Counsel addressed the Court. . He held that there was no wilful offer of the sale of these pictures. The information was not in accordance with the Statute, and thore was no right to convict upon it. The acousei was arrested on the same charge in Wangaliui, and oounsel there contended that the picture cards were of a classical nature, and that many of them were of a similar nature to what might be seen in muneume in New Zealand. Counsel asked that the case bo dismissed.

The R.M. said he was satisfied that it was a bad case, and it was clearly ehowa that defendant's occupation was selling these pictures and trying to debase the minds of the people. Considering tho circumstances, he would deal with the oaso heavily. The accused would be sentenced to four months' imprisonment with hard labor. The pictures would be destroyed.