NOVELS AND MORALS.

New Zealand Herald, Volume XLV, Issue 13874, 7 October 1908, Page 6

NOVELS AND MORALS.

THE CHRISTCHURCH OAfiit : MAGISTRATE'S JUDGMENT. [liV (rEtEattAl 1 !!. —PRE.S3 ASSOCtATIOJf 1' ' CIIIUSTCHURCH, Tuesday! ' '. - ; ! Judgment was given in the M<i^ tl " ' | Court this morning by .Ml-. H. W. ■Bl.hdp' I '- S.M., in the cases brought against (.}. jl[' l - , Whitcombe (Messrs. Whitcombe { ' Tombs), Fountain Barber, and J. S. \vjj» <:'\] '■ Hams, booksellers, and Harold ShV,\[,j'' ! George Rankin, and E. H. Christian, boo*! sellers' assistants, for having sold printed t matter of ail immoral nature in the fori) ',- :Of novels. The cases were heaid before ■'" ' I Mr. Bishop last Tuesday. '~ l [ Before reading his- judgment, His \Y 0 £ \ ship stated that he had taken all the cases, j against the six defendants together. Hi j Worship said: "I do not propose it) nay ; j much about these prosecutions as ft whole. - | nor upon details' of evidence. I think that I the sooner the whole thing is buried arid / I forgotten the better for the community. ■ 1,1 cannot bring myself to believe that proi secutions of this nature and against such as the present defendants can possibly .■». suit in any real benefit. Speaking genet- |J | ally, it may, I suppose, be safely laid down l! j that where it is believed that on'offend against the law has been 'committed 'a " I prosecution is hot only justifiable, hill.','.''I oftentimes necessary. I am, however. 'j strongly of the opinion that hi these case*, , "rj I having regard to the character-and stand- {' ing of the defendants, a warning would '. \ have been sufficient to cause all respect- i able' booksellers to cease selling the book! i ! objected to. The issue I have to decide 'is . ' i a very, simple one: Are these hooka ' | printed matter of an' immoral nature within ' '[ | the meaning of the Police Offences Act, I - , | 1908? Having regard to' the reepousibili-'',;; I ties of . my office, and to the duty that lids on me to interpret the law to the.best of ■■ ' my skill and ability, 1 am bound to say that,: in. my opinion, all the books in r qu&i. i tion are of an immoral nature. j j "As regards the three defendants Christian, Rankin, and Sherwin," continued Bin' My! Worship. "I am bound to convict their; . The sales by them of the various books have been proved and admitted, and their remarks to the purchasers at the tinns of the sales prove conclusively, to my mind, ■',' that they knew the quality of the boob, and that ■. they were different from the... > ordinary class. If this were not so, I . would probably have taken a different vi i of. their actions. Each is fined 40,», and ' ordered to pay the costs. In the caw ul Whitcombe, Williams, and Fountain Barber, after mature consideration, I have decided that I ought not to record convictions. '. The,exigencies of the position appear to have been fully met by the conviction of their assistants. I need say nothing further than this, that the charges are dismissed. ~' ':.;■-■::■■ •-;■.■;