QUESTIONED PICTURES

Greymouth Evening Star, 25 June 1937, Page 7

QUESTIONED PICTURES

MAGISTRATE’S DECISION

BOOKSELLER CONVICTED [PER PRESS ASSOCIATION.] WELLINGTON, June 25. In a reserved, decision in a test case into the question of what is indecent, Mr Stilwell, S.M., in the Magistrate’s Court, to-day, held that a picture “Garments of Nakedness,” in the Auckland Magazine “Health and Sunshine,”- was not indecent, but that another picture, “Aegean,” was, and that the defendant, Morris Edward Lehaney, bookseller, Willis Street, was accordingly guilty of exhibiting and selling an indecent document. Mr Birks, who appeared for the prosecution, after .consultation with Detective Sergeant J. Doyle, said the defendant had not been before the Court before, and that he did not ask for a heavy penalty. Mr W. Mellish, for the defendant, said he would like to consult his principals, the proprietors of the magazine “Health and Sunshine,” as the amount of penalty might affect the question of appeal. He asked that the penalty be held over. This .was agreed to. . Mr fJtillw'eir quoted legal provisions governing what constituted' indecency in such cases. Largely, the matter turned on the object of the defendant in displaying the picture, the art value or intention of the picture itself, and the effect the picture would have on the mind of those who looked at it.

The Magistrate admitted there was a big change in the public attitude in these matters from bygone years. He distinguished the differences between the two pictures, “Garments of Nature” being a side view that did> not show up the human form, as was. the case with the other. On the question of intent in displaying the pictures (opened out on a double page) he held that the object was. to induce sales of the magazine. He held also that while the effect of the picture might not be adverse on those of mature years, it would be detrimental in the case of young people.