FINE OF £l0

Hokitika Guardian, 19 February 1932, Page 8

FINE OF £lo

INDECENT PUBLICATION

AN AUCKLAND PROSECUTION

AUCKLAND, February 1(5

“We should keep our literature and our streets clean,” remarked Air Hunt, S.M., in the Magistrate’s Court in convicting John Herbert looking on charges of causing; to be printed an indecent document,' a newspaper entitled “Fruity Hits,'-’ on or about October 9 and November Iff. Hie case of Francis Simpson, who was charged with printing or causing t« lie printed an indecent document on or about the same dates, was adjourned sine die.

Counsel for the Crown said that Ton king was the editor and proprietor of the publication, Simpson bomprinter. Defendant was charged under the Indecent Publications Act, 1910. and the regulations provided that one indecent word was sufficient to render a publication indecent. It was contended that in the publication concerned in the prosecution the tendency was to induce immoral thinking. The question whether there was any literary merit in the publication was for the Magistrate to decide, salt, counsel. The matter was sold apparently to a certain class, and it "'as contended that the action of defendant in selling the publication was ot an immoral and mischievous tendency. “If you went through English literature, took out unpleasant parts and published them together, that would be an offence, in my opinion, the Magistrate remarked to counsel Im defendant.

Detective-Sergeant Martin said h, believed the publication bad been toned down considerably since police inquiries. The question had been sub mitted to the Solicitor-General foi consideration.

Counsel for the defendant said the publication had been printed in tin ordinary course of business and tinpurpose had been tor gain. There bad been no deliberate intention on tin. part of defendant to corrupt the morals of the community.

The Magistrate said the Act clearly showed the power of the Court, which should consider the purpose of the pnoli cation, literary, scientific or artistic. In the present case it was freely admitted that tile document was published for profit. “In my opinion these marked passages have a nasty, sugges tive immoral tendency,” Mr Hunt added. “I have no hesitation in entering a conviction. The action of defendant was immoral and mischievous. and it is our duty to ensure that such matter should not he available to youing people). AYe should keep our literature and our streets clean. Had the publication not been toned down 1 should have imposed a higher fine.”

“Tonking was fined Lit) on the first count and convicted and discharged on the second.

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