AN UNUSUAL CHARGE

New Zealand Times, Volume XLVI, Issue 10540, 17 March 1920, Page 4

AN UNUSUAL CHARGE

■ INDECENT DOCUMENT. VALUE OF SUGGESTION? Travellers on the railroads of the Dominion are, it is said, frequently the victims of a pest-r-the vendor of indecent,, books—who discovers himself unto itohem dn the guise of an itinerant bookseller. When the gratuitous insult is offered, the recipient thereof is as a general rule' too" indifferent to take action with a view to finding cause for the legal punishment of the offender. But Constable John Potter, of "way-back" Whangamornona, is a bright exception, as was indicated at the Police Court yesterday, wnen on his information a man named Anthony Swinburn Vaa brought 'before -Mr E.Page, S.M., on a charge-that, on Jan- i unry. 26th, between Wellington and j Palmerston North, lie sold an indecent document—'an alleged sporting annual. It a,ppeare that, on the data in question, the constable, in plain-clothes, was travelling on the Wellington-New Plyniovth express, but had not completed more than .a fourth of his journey when Swinburn, carrying an armful of periodicals and newspapers, accosted him and three companions and solicited trade. Receiving a reply in the negative the accused produced from his coat pocket the offensive publication, and proffered it for sale with the words: "This may interest you. It is barred, but" I sell a lot of them." Constable Potterinvested 2s ■ and then followed Swinburn out of the carriage, disclosed his identity, and informed him that he intended to report the matter. The accused thereupon said, ''You prosecute the person who sold* it to> me," but when asked for further information retorted: "That is your business to find out." Constable Potter added that lie had read the book and was of the opinion that it was indecent practically from start to finish, some portions particularly so.

For the defence it was submitted that the document was not indecent within the meaning of the Act. Swanburn was nothing if not candid in respect of his remark that the book -was ''harred." Ho snid the statement was made iii order "to effect sales," and. after a moment's pause, added: "If they were looking for that kind of hook, an indecent book/' the suggestion of a prohibition on sales was of some value from his view-point. He did not know if the book was indecent or if it was "barred." He bad heard that the latter was a fact. A number of the books were bought from sec-ond-hand dealors, but he could not say where the copy of the ''Winning Post Annual" ivas obtained. That the book was produced from his pocket was not a significant fact, because his clothing was used to enable him to.carry more stock.

At this stage the magistrate intimated that he would have to peruse the nubJioa.tion -before giving judgment. Decision was reserved.