PURITANICAL PROSECUTIONS.

NZ Truth, Issue 172, 3 October 1908, Page 5

PURITANICAL PROSECUTIONS.

A CRUSADE IN CHRISTCHURCH.

Alleged Indecent Literature.

BOOKSELLERS BEEORE THE BEAK.

It is perhaps' significant of Christchurch with its history and associations that it j should find certain ; novels,, extensively used and prized throughout the worlds to be immoral and objectionable. Of course, the Bench merely followed the law, btut' it 'is a commeiitary upon our boasted democracy and general 'brag ; that that we "lead the world*" that our prude legislation should- impel us to advance m front of the globe m; such an astounding direction. ' Possibly . the most surprising part of the proceedings was the admission of the solicitor who ' defended ■ the first of a series", of cases, that tyie novel complained of was actually immoral. Solicitor Saltar, prominent official m the Young Men's Christian Association, was the cult prit. ' With fair; and judicial persons like Magistrates Bishop /and Day on, the bench, this circumstance couldn't influence the decision of the .Court; btut the lawyers engaged m other /"cases were probably not grateful to Salter, whose client was Harold Sherwin,. assistant to Fountain Barber, charged with, selling ; THAT' SHOCKING NOVEL, "THE .; i YOKE." Mr Salter admitted ' that they ha<d!'sold the book, but submitted that Sherwin had ho reasonable opportunity of knowing the book's' contents. He- wouldn't contend "The Yoke" was' proper, but that Sherwin knew nothing -of any improper contents. ; V ' : 'Tecs. Jim Kennedy and Bade proved sale. They Tvent to Fountain Barber'son September 3, and asked Harold Sherwin if he -had a copy of the book ; likewise they entered into a discussioa as to it* merits. Sberwin ,; expressed an opinion as to what brnd of a novel it was.* "•it's pretty 4 solid," he said ; "you'll" have to take your coat, off to read it. ' ' Kennedy paid 3s, 6d and left with the ■incriminating volume. ' ' : " ' .' - , In reply to Mr Salter, Kennedy remarked; that : Sherwin had no difficulty m picking out the publication. With regard to the expression of ."taking off the coat;" the police official made sure of "it "by writing it down on. a byndy ,bit of paper as soon as he came outside .the shop door; subsequently, at the Police Station,' rewriting it on a nicer and cleaner , piece of paper m a more circumspectVand legible and bolder hand, m- case it was waute ed , at the. proceedings. Kennedy said ttoat Sherwin- gave him the_ impression that the book was .immoral. ' '■ ;" ' ■■•■:■. ' : ■ Magistrate Bishop. : What do you' infer by your question, Mr Salter? Counsel, acknowledged- that he didn't; think that the expression "TAKE YOUR COAT. OFF" referred to immorality: . ,Crown Prosequtor . Russell : It is a very hearty expression. (Laughter.) ' Kennedy also stated that they ' asked for the unseemly novel, "Anna Lombard.'' Didn't ask rtfor a "French" • novel. Saint Salter repeated his ' admission that the . book had been sold, but submitted that Sherwin didn't know its contents, and bad ho reasonable opportunity of knowing. , The firm stocked 10,000 .books, and it would be impossible for it or- its employees to know the character of the contents of each. ("Truth" gives this free advertisement but will despatch its canvasser immediately to interview Fountain Barber.). . Harold Sherwin, giving evidence m his own defence, explained that the 'tecs, came m and 'chatted familiarly, as they often did. (Apparently they presumed on past acquaintance, and the. suspicion will be forced upon the community that a. iisjeuth is a dangerous person. ■■ toi: • know.) ■T"he"y aslced Sherwin for something with a French name and ihe acknowledged it wasn't on the premises'. It-'wis m connection with this particular book that Sherwin made the remark,' "I wouldn't like you to take that ; you would have to take your coat off to read it" ;• something resembling which had been alluded to as having been said 'm connection with "The Yoke." Kennedy certainly a'slred for' "The Yoke," when Sherwin acknowledged that it was m stock, and ■". REMARKED THAT IT WAS "WARM" aud an '"advanced book." However, defendant went upon its repute and no personal knowledge of its contents. , Magistrate Bishop said the Bench wouldn't accept the defence set up. A conviction was recorded, with the promise that the penalty would be later. ; , Fountain Barber was then charged with the sale of the same novel, When a similar defence was set up for him by Salter. The bookseller was - represented to have had an astonishingly good reputation for upwards of thirty years and to be a per-: son against whom it was a most improper thing to .bring such proceedings. In the.. event of a conviction counsel contended that the Court would be ; smirchingthe, character of a man who had never kept m his shop books of an immoral nature. Barber depended upon his buyers m London who received strict instructions not to, send books of an.unsefcaay character. Barber wouldn't permit a questionable book to remain within his emporium, and whenever; he. had discovered, one of that description he had always hurled it off his ■ shelves. ' Prosecutor Russell was rising,, when Magistrate Bishop said: Mr Salter has ADMITTED THE BOOK TO BE < ' IMMORAL. . . , . ' There is nothing for you to prove, Air Russell. ",■.'■ Fountain Barber gave evidence for the defence much on the lines of his counsel's remarks. He said it wasn't possible for him to ascertain the contents of the tenth part of the books m his shop. '■ Mr Russell asked what steps Barber took to prevent objectionable books . being put on' his shelves, aud the book vendor said he got shipments out every week, but it was impossible for him to take any steps to ascertain the contents other than the discretion' of his London buyers. Then the public may. be flooded wjtli books of an immoral nature ? Barber :, Yes ; and I can't think of any means, now, to prevent it. ' The- witness said that even m a small way of business the bookseller hasn't the opportunity to pore over and judge of the contents of his stock-in-trade. ! 'I cannot carry oh my business and read the books" said , Barber. Magistrate Bishop : You won't be able to carry on your business unless you do read them.. .. Mr Salter : How many readers would you require to read all the books m the place ? ' . •Mr Bishop held that that was not the point. He would , only require sufficient readers to peruse certain authors. Barber said he couldn't ascertain the character of all of his.books, especially when the character was a matter' of opinion as m the case of "The Yoke" and others: > His Worship said that was what the Bench had to' decide, ALTHOUGH HE HAD DOUBTS about the character of some books himself. The witness told the 'Magistrate that, he had had four of the particular book "The Yoke," although he had never before imported novels by the same aufcb or. Have you read reviews on the book ?— Only two, and they were Dot unfavorable. Mr Salter submitted that to ensure a conviction Barber must have had "reasonable opportunity" of knowing the books' contents, and lie hatt not had that. Mr Bishop said he didn't agree with the defence, but m view of the bookseller's position lie would reserve his decision. George Rankin, assistant of Simpson and Williams, was then charged with selling to the same 'tecs the novel, '"Anna ! Lombard," alleged to be impure. The. I cops, asked for "The Yoke," but were asi sured that tli&t religious publication had ; sold out. ■ They were dubious about "An--lua Lombard," and asked Rankiu if lie

had read it. He assured them that he had ; it was a good book, similar to , "The Yoke." They paid Is 9d for Victoria Cross's indiscretion and retired. Mr Gassidy cross-examined with unpleasant frankness. , Kennedy acknowledgedseeing partner Williams subsequently, and told him a prosecution was pending,' when Rankin remarked; "THAT'S HARD LUCK f I've never read , it." In reply to ./Mr Cassidy, Magistrate Bishop said he had read the book, whereupon counsel contended that the information was wrongly conceived, as the section (43) didn't include the word "book." ■It related to the exhibiting of pictures, or writing, or /printing on some object, like a wall, pillar, post, urinal, etc., but a book cotuldn't be so affixed and exhibited for publication. ? . j ■. . Magistrate Bishop drew attention to paragraph D, with the words, "who sells any printed matter." Mr Cassidy held that the paragraph m question was controlled by the section relating to the affixing of an inscription, TBe; old ; Crime's v Act : of Britain referred .to.-. ' ' any obscene ' book or ,' publication, ' ' and *he omission of. those, words from the more recent. New,, Zealand i>^blication indicated the intention of the Legislature, m framing the law.. I'Hfequoted the case of-, Cooney v. 'Cobble, New Zealand Law Reports, under the Offensive -Public^ ■ ations Act, ; Wherein Justice Ctaipmari held that "Publication" didn't include "book." It was further contended by counsel that the -book wag not immoral, and he suggested to the Bench tlisit flhey were ' ■ ENT3ERING A WIDE DOMAIN, when they attempted to determine'w*etheir a book pf that nature offended the- mortality,- -of the community. Magistrate. Bishop :' Is it a moral book V Counsel: A book that deals with bad people is not necessarily an immoral book. . * . His Worship, : It is a question of what is the object of the book ? . Counsel pointed out that Simpson, and Williams' representatives m England, who' j selected their literature, were people of the highest character. The book had had a circulation of over 200,000 m London ; it had run into forty-one editions '.of 50U0 and more, and it was left to Christchurch to distinguish itself once more toy talcing steps of this description. This was a most ill-advised prosecution that would have a :bad; effect upon' the public by attracting attention to other books of a ' doubtful nature. , His Worship quite believed the effect might be such. :■'■.;'-. Counsel quoted approval of the book by W. T. Stead, editor of thY "'Review of Reviews," and self-appointed guardian of the Nonconformist conscience at Home. Mr Bishop admitted that certainly Stead's praise had toeen the cause of a great many people reading the book. Mr Cassidy quoted various weltnnformed English papers IN APPROVAL 6F THE PUBLICA- ,,,.• TION, ;-' Mr Bishop : When you review a book you don't go to, these newspapers. Mr Cassidy pointed out that they r&-, presented the great mass of public opinion. Counsel further represented that there was nothing lasciyious m the book'} nor did it sympathise, with vice m any way. He didn't know if the prosecution proposed calling witnesses, to prove immorality, but he was prepared to call a dozen witnesses^ to^ prove tnat '-Anna | Lembard" . was not of that character. . Rankin evidence for himself. It differed .m slight particulars. Irom that of [ the prosecution, the price ,of the book being Is 3d and not Is Dd. j 'In: reply to Mr Russell he, said he had read "The Religion of Evelyn Hastings," by ", the same author, but it wa's some tune ago, and it didn't give him an indication of the books written by Victoria Cross. Mr Cassidy: I believe "The Religion of | Evelyn Hastings" is : to be found m the Reference Library .?— Yes. ' ' Magistrate Bishop : No one would say that any of Victoria Cross's books is of a moral character/ You. wouldn't pui> I chase those books and ■ •HAND THEM TO YOUR DAUGHTER, for; instance ? r . ' ' Mr Cassidy : I don't think I would ; but •it is r«ot a fair test, your ; Worship., ihold that the reference library wouldn't pass an immoral book.

His Worship said the Bench, would record a conviction, and the penalty would be held over till later. .

"Joseph Seabourne Williams, of, the firm of Simpson ' and Williams, was charged with selling "Anna Lombard on. September 3, ' and Solicitor Fisher defended. The. evidence went to show that 'tecs, bought it f^om^.Geprge .Rankin,.^ .iWhp, .had been 'with!-- the ' firm twenty-five years. Advocate Fisher took up Mr Cassidy's line of argument on .the law points, and submitted that the Statute didn't relate to "books." There was no proof that: Williams sold, the book, nor had he been a party to the sade ; also there was no evidence that the bopk was immoral. Morer over; it hadr.t been proved affirmatively, that Williams had reasonable knowledge of the book's contents. It could not be an immoral book m view of the .ethical opinion held concerning it throughout the British dominions, which showed that the public not only liked the book, but regarded it as a legitimate, reasonable and proper publication. • PEOPLE OF PERVERTED MINDS might find food for their prurient thoughts in ' the best of books valued by the English people for the last one hundred or two hundred years, but counsel asked that a novel should not be judged by isolated passages, but that the moral tone of- the whole book Should .be taken , into consideration. Counsel quoted from the plot of the book to show its purity, and commented that the Statute threw upon booksellers not only the responsibility of not knowing what a book contained, but also the responsibility of having no reasonable grounds for not knowing. J. S. Wiliiams gave evidence m support of his own case, and m reply to Magistrate Bishop said it was a book he would give to has own children. He contended that a moral tone pervaded the book throughout. Mr Russell : Would you give it to girls of 15 and 16 to read. (Witness hesitated.) ' ■ Magistrate Bishop : Isn't that the test ? Witness : 1 would give it to daughters under 21. Would it not give to daughters of 15 or 16 prurient thoughts ? Why would you not give it to them ? — I don't want to put libidinous thoughts into their heads. Magistrate Bishop : Isn't the book immoral ?— No, I don't say it is .immoral. . His Worship : I reserve my decision; not with regard to the immorality of the. book, of which I have no doubt, but whether it is immoral under this section of the Act. Frank Harold Christian, assistant for Whitcombe and Tombs, was charged with selling the novels "Five NigMs" and "Six Women," and was defended by Oscar Alpers. A conviction was entered up and the penalty was deferred. : Partner Whitcombe, of Whitcombe and Tombs, was then arraigned for selling samp books, but it was represented by Solicitor Wright that the company and not Whitcombe should be' proceeded against. Off" this point Magistrate Bishop stated that the Court would reserve its dcci- ■ sion next Tuesday next, when the penalties m cases of those convicted would be inflicted. «•

m reply to Mr Cassidy, his Worship said a conviction had been recorded m the case of every assistant-