COURT HEARING

Hokitika Guardian, 6 December 1940, Page 1

COURT HEARING

JEHOVAH'S WITNESS

(Par Press Association—-Copyright).

CHRISTCHURCH, December 5

“This Court has difficulty in understanding the mentality of these people; they are not being asked to go against their consciences when they are asked to be quiet in the meantime,” said Mr E. G. Levvey, S.M., when a Jehovah’s Witness appeared in the Court to-day. “Their pamphlets are the cause of strong religious strife, which is not good. Why can’t they do what other people are doing, and deny themselves “a little, and be quiet until things settle down ?”

Margaret Messervy, a domestic, aged 60 years, was charged with participating in the activities of a subversive organisation; Mr H. S. Clark acted for her, entering a plea of no.t guilty. Constable R. J. Hart described what he had. seen in Bath Street, on November 15th. Mrs Messervy had put booklets entitled “Uncovered,” into letter boxes. When approached, she admitted everything. She produced 14 copies of the booklet. They were all that were left of the 30 that she had started with. Mr Clark, opening his address for the defence, explained that Messervy was definitely against Nazism, Fascism and Communism. Freedom of worship was the basis of constitutional liberty. A recent Ministerial statement indicated that the Statute was not aimed against accused. Her beliefs were a religion. “All, I know is that there is a Statute, which I must enforce, and I cannot take notice of Ministerial pronouncements,” said the Magistrate. “Ministerial pronouncements are of no value in this Court.”

Mr Clark submitted that the accused had merely committed a technical breach. “ “This Court does not want to be dragged into a religious controversy of any kind,” the Magistrate said to Mr Clark. “Put it to her that she should be quiet in the meantime.” Mr Clark then spoke to the accused in the dock. “I’m a British subject, and I’ll expose enemies of our Empire, she announced. “Tell her to talk sense, Mr Clark,” said the Magistrate. “I’m not prepared to cease. I’ll do what God tells me,” the accused continued. While Mr Clark was speaking to his client, Detective-Sergeant Sinclair told the Magistrate that McElty, head of the organisation in Christchurch, line told him that none of the members intended to stop. “I'm sorry Sir. She won’t give in,” said Mr Clark. “It’s all right. I can hear,” the Magistrate said. “She is being used as a tool; but she is a very minor tool. Fined £5, in default seven days’ imprisonment. ’ ’