SELLING INDECENT LITERATURE.

Otago Witness, Issue 2669, 10 May 1905, Page 79

SELLING INDECENT LITERATURE.

WELLINGTON, May 4. ,At the Supreme Court~T3eorge Matthews Ewart was charged with selling certain printed matter — namely, a newspaper named Truth, published* It Sydney, which in certain parts was -alleged to be o£ an indecent, immoral, and obscene nature. Counsel for the defence raised two preliminary points — (1) that the case should be withdrawn from the jury on the ground that -there was no evidence that accused liad knowledge of the contents of the paper; .and (2) that alternatively his 3Honpr .should Tule 'that the jury must beeatisfied that accused had- knowledge of the alleged obscene contents. His Honor did not think he should do so, arid ruled that the case should go on. * In reply to the contentions that various standard books contained indecent passages, his Honor «aid that that had nothing to do with the case. v According to the colony's law suoh a, contention was not an answer to the charge. All that the jury had to decide was whether the printed matter was immoral, indecent, or obscene. It did not matter either whether the printed matter contained only reports of Police Court cases or not. That was his ruling, and counsel for th© defence, if not satisfied, had the Appeal Court as a remedy. Counsel for the Crown said all the jury was asked to decide was whether- the articles submitted for inspection were proper for publication in the colony. If it decided that the articles were immoral, indecent, or obscene fit would be its duty to bring in a verdict of guilty. la summing up his Honor said accused had practically admitted selling the paper, and the only question for the jury Was whetner the articles were indecent, immoral, or obscene. The freedom of the press was never attacked by putting down anything that tended towards indecency and the corruption of the morals of youth. On the contrary, it was maintaining the freedom of the press. After deliberating for aji hour the jury returned a verdict of "Guilty." Leave was given- to carry the points raised regarding the knowledge of *he accused to the Appeal Court. In the meantime accused, was liberated on his own recognisances of £100.