Defendant Fined In “The Decameron” Case

Northern Advocate, 14 March 1939, Page 9

Defendant Fined In “The Decameron” Case

[Special to “Northern Advocate ”] AUCKLAND, This Day. Holding that Boccaccio’s book, “The Decameron,” was an indecent document, Mr F. H. Levien, S.M., today convicted Howard Keddell Sumpter, a principal of the London Book Club, of being in possession of the book in October last, and fined defendant £5/1/- and 10/- costs. The case was heard on February 3!, when Detective-Sergeant McHugh appeared for the prosecution, and Mr L. K. Munro for the defendant. The Magistrate’s Finding.

The magistrate said the defendant was one of two proprietors of a book club with branches and lending libraries in a number of towns, from Whangarei to Invercargill, and he personally controlled the library from which the book in question was hired. The library was well conducted. “Translations of "The Decamerdn’ are now published by a number of reputable English houses, and are put up in at least one of the popular library series, and may be purchased readily from bookshops in New Zealand,” said His Worship. “The Decameron” had been read by the defendant, who did not consider it indecent or pornographic. From April, 1937, to October, 1938, during which period the book had been in circulation from the Auckland branch library mentioned, it has been hired out on 70 occasions.”

After reviewing the evidence, the magistrate said; “I am of the opinion that the edition of ‘The Decameron’ under discussion is a work suitable for reading and study by matured minds. “It is a collection of stories spiced with indecency. Some of the modern illustrations in the edition are in keeping with its general tendency. Throughout there runs a subtle blasphemous vein.

“Throughout there is general lack cf respect for any reasonable appreciation for those ethical, moral and spiritual virtues, and generally all these healthy and informative values and tendencies, which young people might well be expected to carry with them from our secondary schools. Defendant Convicted. “After taking a reasonable view of this edition of ‘The Decameron,’ and giving full consideration to the requirements of the statute, I have come to the conclusion, though not without some hesitation, that the defendant must be convicted.

“The information charges defendant with delivering by way of hire an indecent document, but I think the Court should view the evidence rather from the point of view of the defendant having in his possession for hire an indecent book entitled ‘The De-

cameron. The defendant was then convicted and fined £5/1/-, and costs 10/-.