THE PSYCHE PICTURE CASES.

New Zealand Herald, Volume XLIII, Issue 13303, 9 October 1906, Page 7

THE PSYCHE PICTURE CASES.

•<" , MAGISTRATE'S DECISION. ■.:■■:.'■/:■ ■;'•■■.:. , •■•.■;.. :'.-■ " ■fr' : -.' ' -V— '■" . ' INFORMATIONS DISMISSED. ." " " NOTHING OFFENSIVE TO DECENCY AND GOOD MORALS." Tttk , reserved decision in the charges i against, two Karangahape Road picture ! dealers, Leonard Lawrence and George B. Ohignall, for selling copies of "Psyche's ' Bath," and "Nature's Mirror," which were alleged to be indecent, was''delivered by Mr. C. C. Kettle, S.M., yesterday forenoon. Sergeant' Hendry appeared for the prosecution, and Mr. J. 0. Martin for the defendants. In the course of a lengthy judgment, •| Mr. Kettle said the defendants admitted :>;■;; stocking the pictures for sale to any person, and also exhibited them in their shop ! ; windows. Section 3of the Offensive Publications Act, of 1892, No. 42, provides that any -person who exhibits to public I " view in any shop, house, or place, or whoever sells, offers, distributes or shows ■'• any picture or printed„or written matter which is of an indecent, immoral, or ob- •: ? scene nature, or which- the Court shall be 'satisfied is intended to have an indecent, immoral, or obscene effect, shall on sum-, mary conviction, be liable to a penalty not exceeding £5, or, in the discretion of !' : the ''Court; to imprisonment for any term not exceeding three months, with or without hard labour. Section 139. of the ■ Criminal Code Act, of 1893, provides that *. ■ every person is liable, to two years' imprisonment who publicly, sells oi exposes any picture, photograph, model, or other object, tending to corrupt morals, but no one shall be convicted if he proves that V .the public f good was served. The provisions of these statutes relating to obscenity %u...' being "in pari materia," must, he thought, ,', be read together when the question as to whether any picture or book, etc., sold or exhibited was, or was not, indecent or -..-'.-' obscene,, had to be decided. In' the. f _■ present ease 1 the question . he had ■' , to determine was whether the sale by the defendants, who were picture dealers, of copies of Lord Leighton's famous picture, "Psyche's Bath," and Paul Thunumn's picture, "Psyche'at Nature's Mirror," to a constable who was expressly instructed by his superior officer to purchase them in order that a prosecution might follow, was a breach of the Offensive Publications Act.. With regard to the picture, V' "Psyche at Nature's Mirror," it was not seriously contended by the police at the : ; hearing that this picture was indecent or obscene. The best definition of the words. ' " obscene" and indecent' that 'he had' ■ : f been able to find was that which is offensive to decency, chastity, delicacy, and good morals; impure, expressing or repre- ..... senting to the -mind or view something which, delicacy, purity, and decency forbid to be exposed." There were numerous de-; J . cisions of the English and American Courts on statutes'somewhat similar to those in New Zealand relating to obscenity and indecency. " .;- "• V-' i . '". • After quoting English' and American cases. Mr. Kettle went on to deal with J the > pictures of ; "Psyche's Bath," - r which formed the subject of the pre- ;-.'■.'.,., sent ; prosecution. He said:- I am of .■ , opinion that it would be a gross libel on the famous works of such 'a great artist as Lord Leigh ton to characterise the picture as *•■ ;■ indecent. •.'ln• my - opinion, •ai pure-minded •fi and unprejudiced critic,' viewing it without' impure thoughts' a Work* of pure-art of a' i ''high i order, should I see * nothing .but'; refinement' and. beauty in every feature. There ~ is an entire absence of impure suggestions, nothing lewd, obscene, indecent, scandalous, or lascivious ;in the attitude and posture, nothing - offensive to * decency., and good V morals. The picture is,- 1 not, to use the words of the statute, "intended to have an indecent, immoral, or obscene effect." vln ;'.i ■■'' *my opinion, the defendants, in ' selling the .';. picture to the constable, under the circumstances before referred to, did not commit a . breach of the Act, and the informations must,' therefore, Be'"dismissed. * It is not necessary for mcto decide, and I wish it to be clearly understood, that I do not hold that photographs of these pictures as postcards ought to be indiscriminately exhibited and sold to boys. and. girls. A great deal must depend upon " the manner, extent, and circumstances in, to, or under which the : ' ■-■-■ sale, publishing, or exhibition is made," or, . ■ to again quote the words of Lord Chief Jus- ; tice ■ Cockßurn in Regiria v. Hicklin:. " The ■-...■■■■'. immunity 'must v depend upon , the circum'stances of the publication," and the statement, of the American judges in the People v.- Mueller, "That whether a publication is obscene or, not, may in some cases depend on circumstances." / The pictures which hate been made the ';. / subject of the present prosecution are vastly different from the libidinous postcards which .', ' I condemned some days ago. The former ; are works of true;and pure art. while the latter are the productions of those who wish to fill their pockets with money by cater- '■'■.; ing for the unwholesome appetites of those ; : whose* prurient minds turn towards, and . who love to dwell upon, all that is sensual. lewd, obscene,- indecent,* and lascivious. I ; am convinced that the sudden outburst of r ;!i public indignation has been caused by, the indiscriminate and unfettered exhibition and : sale of the thousands upon thousands of ;. libidinous postcards Which are exhibited, • and can be procured <in many (there are noble exceptions) shops in every city and "town in New Zealand.- In my opinion, it is the duty of the authorities, and of all t v ' lovers of true and pure art. to in every legitimate manner suppress the sale and'exhibition of all such objectionable productions. If it be true that the indiscriminate sale and exhibition in shop windows of works of pure art, such as " Psyche's Hath" and " Psvche '*- at Nature's Mirror," is prejudicially affecting public morals to any appreciable extent, it may be the duty of the representatives of the people now in Parliament assembled to legislate on the subject. I notice that a Bill to amend the Offensive Publications Acts has already been introduced, and, when : » the debate on it takes place, the subject will no doubt be, thoroughly ventilated and in- . ,'»■.'-'■- telligently discussed and dealt with. •., •; ... —_—*►— —— — "■'"',. /;•''.:';•"•' VIEWS OF CORRESPONDENTS. , From a large number of letters received by us while the above case was pending, wo select the following extracts : — •-••-■ I' ' "Psyche's Bath" is a picture I can remember well, hanging in one of the rooms of my home in the Old Country, and as a * youngster the artistic beauty of it always appealed to me, although I was only 12 or 13 years old at the time. I honestly think that when' the majority of people see a magnificent painting or a splendid piece of sculpture, tho beauty of colour, detail and execution stifle all lewd and vicious thought:!, and they admire them as anyone would admire a fine sunset, a landscape, or any other work of nature. Fkanois Bonneu. Is it for us to find evil in things that, were never meant to be evil? I am a colonial, and I have travelled. I hope I have* a broad mind. In all my experience I have never even heard tho question raised. There is nothing in nature that of itself is not, beautiful. It is we who imagine wickedness where one exists. > -" Not a CLKUfjTMA-v, Just a Max. Such a regrettable action by the authorities in respect to these two pictures will unfortunately cast the greatest reflection on the intelligence and education'of the com-, nmnity, as such pictures as these are intended hv the authors to inspire respect and reverence at all times and for all ages anil f sexes, while a close association with art from .- ' the earliest age. undoubtedly, elevates the , mind and improves the morals of any people. H§ Rowland Chubb. " Pstclio's Bath" was pronounced the "srem"-' of the Exhibition the year it was - exhibited in the Royal Academy, where:it •w»» viewed ■'and-"criticised-by : -,.thous»nds,ot i" Psycho's Bath" was pronounced the "gem" of the exhibition the year it was exhibited ie. the Roval Academy, where it was viewed and criticised by thousands ot of *ocietv, and I understood ut we time was' purchased by the nation tor ■'i . "

a very large sum. It was afterwards removed to the Tate Gallery, and a faifhful copy was allowed to be made for engraving • by a well-known fine-art publisher,, to be issued in print form, so,that anyone wishing to possess a copy of this beautiful work of art might do so at a small.cost. ' * ." ■ Lover of ,Fink Art. ; Only to think of it! Sir Frederic* Leighton's 'most beautiful picture condemned and ostracised by an Auckland policeman ! The irony of it I What, next, good people, what on earth next? Does New Zealand lead the world, and a policeman lead New Zealand in the matter of high art? The piehire is pure and lovely, and any normal individual would only feel the deepest admiration ; no thought of impurity would enter the mind. There is nothing in it to cause a feeting of disgust or revulsion in tho most delicately-minded person. • LXOLISHWOUAK. ; It is indeed pleasing to see the tendency in Auckland towards improving;, public morals and the efforts of the police in the . good cause. .At the present time a delicate-, minded young person is shocked mid horrified at almost every turn. It is high time those statues in Albert, Park wore removed. No doubt they are all right from an art. point, of view, but how many do look at them in that light? They should be confined to the Museum and Art Gallery,- which should certainly not be open to any child, but should be confined to those (a committee could decide who) whom these', pictures and statues would appeal to for art's sake. To such persons a ticket of admission could lie given, without, which no one should Be admitted. ■ ■■.Even the Bible should be revised for the use of the young. Modesty. . Is true art becoming extinct? 1 ask. the question because it seems to me that the love of art and beauty is slowly dying, not because there is any change in art. itself, but because ihe tastes of the people in Auckland appear to trend toward the shoddy and commonplace. "The Bath of Psyche' 1 was painted by Sir Frederick Leighton, one of our foremost artiste, a gentleman whose name and fame have reached the length and breadth of the whole world: yet it is left to a place like Auckland to tarnish them and drag them ..through the mire. I have boon connected with and lived amongst art for nearly 20 years, and I have never yet heard of such' crass impudence and utter rot. Instead of maligning pure art and beauty, surely something ought, to be done to keep the voting boys and girls from tramping the streets at all hours,of the night, exposed to all kinds of evil. This is the sort of work we want to make the rising generation bettor both in health and in morals. Otherwise. Few will deny that the task of drawing tho line is a difficult one. We often hear the remark. " I have been rudely shocked," and in the many ways it might be applied , it. would seem the word "rude" might-well define some of the so-called art pictures, or ! works of art. The question, is, Should we bo rude? and so acting offend a certain class of careful-living parents and their children to suit and gratify a more indifferent portion of society. No doubt these pictures are to a. great extent forced upon the gaze and mind of tho delicate or sensitive, as well as upon the stronger. Should the weaker not bo studied, even in this matter? ' "" ; A Lover op Rightful Art. Psyche with the ancient. Greeks represent-' ed "The Soul." The bath is emblematic of purification, hence the picture represents the "Purification of the Soul"—keening one'sself unspotted from the world. Honi soit qui mal y pense. ; ■ ' . NufSf.d.