ALLEGED INDECENT PICTURES.

New Zealand Herald, Volume XLIII, Issue 13287, 20 September 1906, Page 7

ALLEGED INDECENT PICTURES.

v PSYCHE'S BATH" AND "V' "NATURE'S MIRROR." || PICTURE DEALERS PROSECUTED. PROCEEDINGS were taken against two Karangahape Road picture dealers at the Police Court yesterday, before Mr. C. C. Kettle, S.M., for selling pictures of "Psycho's Bath" and "Psycho at Nature's Mirror," on the "grounds that they are of an indecent nature, and that the picture dealers in question had therefore committed an offence under the Act, which forbids the sale of such publications. The defendants were Leonard Lawrence and George B. Chignall. the former being charged with selling two small copies of " Psyche's Bath" and "Natures Mirror." and the latter with selling an enlarged copy of "Psyche's Bath." Sergeant Hendry ap- , peared for the prosecution. Mr. J. C. Martin appeared for the defendants, and pleaded not guilty, and the facts being the «ime in each case the cases were heard together. Mr; Kettle pointed out that the offence of selling indecent pictures was indictable under the Criminal Code, and that under an amending Act power was given to imprison, without the option of a fine, for 12 months. The defendants had the right to be tried 'by jury if they so desired. Mr. Martin said the defendants did not wish for trial by jury. Mr. Kettle said if these cases were going to bo brought before the Court frequently it was advisable that some ruling should bo given by the Supreme Court.. Mr. Martin said his clients had no desire to enjoy the privilege and expense of going before the Supreme Court, The Crown would not bear the expense, and his clients preferred that someone else should have the privilege. Sergeant Hendry said that for some time past the pictures forming the subject of the prosecution, or copies of them, had been exposed for sa'.e in defendants' shop windows in Karangahape Road. One of the defendants was informed by the police that these pictures were considered to be of an indecent nature, and was warned not to expose them for sale. Mr. Kettle: Under what Act are you taking proceedings? Sergeant Hendry: Under the Offensive Publications Act. Continuing, Sergeant Hendry said that Constable Carson, acting under instructions, went to one of the defendauts' shops in plain clothes, on September 9, and purchased two small pictures of "Psyche's Bath" and "Psyche at Nature's Mirror." On the same day he also purchased an enlarged picture of . "Psyche's Bath" from the other defendant. The question at issue was whether these pictures were, or were not. " indecent,"' and came within the meaning of the Offensive Publications Act. Mr. Kettle: Who are these prosecutions ordered by, the inspector? " i Sergeant Hendry: Yes, lie lias ordered the prosecutions. He went on to say tha't ''Psyche's Bath" was the picture of a nude female, and was a reproduction of a workof art. He did not question that in an art. gallery it would be appropriate, but he / submitted that when a picture like this, of a nude female, was exposed in a shop Window for sale it was forced on people's notice,, and that when this was the case it came under the Offensive Publications Act. If it did not then he suggested that it Would be quite right to get some of the iftiuckla.p.d "Psyches" photographed, and. exhibit the pictures in the shop windows. Mr. Kettle said the English authorities bold that immunity depended upon the circmastaiicea.- ;. i .... .-..-....< ....-•- Mr." Martin Ktid , that ' was so. A picture might- be indecent under certain circumBtaces, and not so under others. Constable Carson said he bought the enlarged:- picture of "Psyche's Bath" from Chignall's for 3s 6d. and the others from Lawrence's for 2s each. In reply to Mr. Martin, witness said he went in to Chignall's and asked for a pic- '. ture of " Psyche's Bath," and one was given to him from a bundle of pictures on the counter. He also proceeded to Lawrence's • shop and asked for a picture of "Psyche's Bath,* with which he was supplied. Seeing the picture of "Psyche at Nature's Mirror," ho decided to purchase that us well, and did so. Copies of both of these pictures were exposed in Mr. Lawrence's win- ' ■ dow. / . .■" - :. Sergeant Sheehan said he had seen pictures similar to those produced exhibited in the shop windows of both Lawrence and Chignall, and considering them indecent he had represented" the matter to his superiors, who instructed him to prosecute. Mr. Martin: Have you seen these pictures exhibited in any other shop windows in Auckland?

Sergeant Sheehan: No. Detective Mcllveney said he cautioned Chignall about exhibiting such pictures, as they were considered by the police to be indecent, and Chignall agreed to withdraw them from the window.

This closed the case for the prosecution. Mr. Kettle asked Sergeant Hendry if he was not going to call any respectable citizens, male or female, to give evidence, So as" to help the Court in determining whether the pictures were decent or indecent. . Sergeant Hendry: I have no such evidence here. Many complaints have been made about the exhibition of these pictures.

i Mr. Kettle: What I want to know is, *re you going to bring respectable citizens to give evidence as to their opinions? I should like their opinons to help me. . . Sergeant Hendry: I have no doubt that if you want it sufficient witnesses tan be brought forward to say they were shocked and scandalised at the exhibition of such picture*. 1 can get the testimony of ministers of religion and others. Mr. Kettle said lie would like to get the opinion of respectable people, parents of children, and so on.

Sergeant Hendry: If 1 were to go to a TOimg.girl of 16 and show her this picture, and say, "Do you tliink that's proper?' I might, be had tip for exposing an indecent picture. (Laughter.) I should be prepar- ' ed to call schoolmasters to say whether, in their opinion. "Psyche's Bath" was a 'picture which should bo exposed to schoolchildren. ; Mr. Kettle : Very likely I shall ask that a number of witnesses be called to assist mo in arriving at. my decision. Mr. Martin: If wo eat hero for weeks we could go on calling witnesses on both sides, who would be equally strong in their 'j opinions. , . , Mr. Kettle: I suggest this should be tried by jury to got a decision of the - Supreme Court. It is quite a different / thing from the postcards. The question is that' when these pictures are exhibited all over the town they are forced upon people notice, and some parents would not care for their children to Fee them. They can " forbid them to go into art galleries and such places. It becomes a very important question. ■ Mr. Martin: It is a very important question. In our Art Gallery here two of the pictures exhibited are those of nude women. In the Museum also there are statues. Mr. Kettle: I have been there. Mr. Martin: Quite so; but what I want ' to point out is that some of these statues are even more indecent than these pictures. " The question is whether this particular picture of Leitrhton's, which is hung in fait Gallery in London, and copies of which can he purchased from 16 or 17 of the leading •• pictiire-framers and other establishments in Auckland, is indecent. Mr. Kettle: The immunity depends on / the circumstances. Would a respectable j woman go down town in that costume? Mr. Martin: If the police were to go up &■■■ Queen-street an hour hence they would .see things in some women's dress that I venture to suggest would be more indecent and suggestive than this picture; for instance, t . the manner in which they are squeezed up 7 '«»<1 their. general gait, If they went to the dress circle in the theatres they might |»»lso find something to comment on in con-

nection with women's dresses. Pictures of "Psyche" are also hung in many drawingrooms in Auckland, where children see them almost every day in their lives. Mr. Kettle: I do not say it is improper there at all. Mr. Martin went on to say that pictures of "Psyche's Bath" and " Psyche at Nature's Mirror" were stocked by a number of wholesale and retail firms in Auckland. No one seemed to have thought the pictures indecent until the indecent postcard prosecutions were brought about. A person who bought " Psyche's Bath" bought a work of art, and one which, he submitted, was certainly not an indecent picture. Mr. Martin offered "to call Mr. Pay ton, of the Llam School of Art, to prove that the original picture was hung in Tail's Gallery in London, but Mr. Kettle said he would take that as proved. , _ , George B. Chignell, Karangahape Road, said the big picture of " Psyche's Bath" was usually retailed at 3s 6d. They cost about 27s per dozen wholesale. The small pictures wholesale cost 13s per dozen, and were usually retailed at 2s each. To Sergeant Hendry: He did not remember being cautioned by Detective Mcllveney about the ••Psyche"' pictures. Mr. Kettle: Are those pictures sold to all classes of the community? Witness: Yes. Would you sell that picture to any girl, say. of 11 or 12 years of age?— Well, we have never had such a customer. Supposing you had. would you?—l don't know. She 'might be sent by someone. Never mind that. If a young girl of 12 years of age came to you and asked for a picture of " Psyche." would you sell it to —Well. I suppose we would. Supposing a boy of 12 years of age came in, would you sell one to him?— don't know that I would. Why wouldn't you?— Well, in selling pictures like that we should use some discretion in the matter. Why should you?I cannot say. I don't see win- me should not. On second thoughts, I think I would sell on© to a boy of 12 years of age. . Mr. Kettle: You have changed your opinion. - In reply to further questions witness said he thought that some discretion should he. used in supplying such pictures to school children. He did not consider that it would be prudent to supply them to school children, as some parents might be offended if they knew they had got into their children's hands. He did not, however, see what harm could be done by the sale of such pictures. Mr. Kettle: Do you consider that the public good would be served by the exhibition of these pictures in the shop windows throughout the town?—-It would not do very much harm. When we show a. work of Sir Frederick Leighton's we do not expect evil to be made out of it. Do you consider it would do children harm? Well, it never occurred to me. that children -went round searching for that sort of thing. Any child who had any training would; look at that sort of picture with reverence and admiration. I do not see how a child could gather evil from it. Is that your opinion? That it would be. quite right to exhibit nude pictures all over the town?—l don't see where the harm, with pictures like "Psyche," comes in. , !- ..■ . James Sharpies, a solicitor practising in Auckland, and. formerly practising in Manchester, said that he had seen pictures of " Psyche" placed in the elementary and Board schools, at Radcliffe and Prestwich, near Manchester. He had a distinct recollection of having seen one of "Psyche's Bath " on the Avail in on© of the schools. The tendency at Home, of late years, had been to try and instil into the children an idea of art. Mr. Kettle: In your opinion would it be wise and* proper to sell pictures, such as "Psyche's Bath" to children under the age of 16 years indiscriminately? Witness: Ido not see that any harm could be done by doing so, that is, considering it purely as.a work of art. Speaking personally, I see no objection. Ido not, however, consider that children would purchase them indiscriminately. Francis Leonard, a picture importer, said be considered that it would be wise, prudent, and proper to sell pictures of " Psyche's Bath" without any reservation. He had five children of his own, and would not, object to - any. one ; of them" seeing- thepicture. • Pictures like " Psyche" tended to j elevate the artistic tastes of any one who | examined them. -

Mr. Kettle: Without any tuition? Witness: It would do no harm, unless the child's mind was directed towards immorality. ' But don't you know that it is the general tendency of human nature to go wrong?— don't profess to be an educator of public morals, but Psyche's Bath" and " Nature's Mirror" are pure and good pictures. They would be exhibited in the public galleries at Home, and if good enough for there, they are good enough for shop AvindoAvs here. ' Asked what was the value of exhibiting a picture of the nude form of a woman, witness said the human form was divine. Mr. Kettle said he would like some fur-, ther evidence upon which to base his opinion, and he adjourned the case for a fortnight, in order that further witnesses might, got. "I should," he said, "like the witnesses to be as representative as possible."