PROSECUTION OF BOOKSELLERS.

Otago Witness, Issue 2849, 21 October 1908, Page 14

PROSECUTION OF BOOKSELLERS.

ASSISTANTS CONVICTED. PRINCIPALS ACQUITTED. CHRISTCHURCH, October 6. Judgment was given in the Magistrate's Court this morning by Mr H. W. Bishop, S.M., in the cases brought against -G. H. Whiteombe (Messrs Whitcombe and Tombs), Fountain Barber, and J. S. Williams, booksellers, and Harold Sherwin, ' George Rankin, and F. H. Christian, booksellers' assistants, for having sold printed matter of an immoral* nature in the iorm of novels entitled ''Anna Lombard," "Five Nights," "The Yoke," and "Six Women." The cases were .heard before Mr Bishop last Tuesday, and a considerable amount of public interest was taken in" them. Before reading his judgment, his Worship stated that he had taken all the cases against the six defendants together. His Wondbip, in the eouiree of his judgment, said: — A threat deal of nonsense has been talked during tb>: piKigress of tihe cases, brat the issue I have to decide is a very simple one— - Are these books printed matter of an immoral nature within the meaning of 'The Police Offences Act, 1908'? Having regard to the responsibilities of my office, and to the duty that lies -on me to interpret the law to the best of my ' skill and ability, I am bound to say that, in my opinion, all the books in question are of >an immoral nature. True it is- that this opinion is only that of an -individual, and possibly very fallible, but I believe that it is an opinion that, considered calmly and dispassionately, and altogether apart from the question of a quasi-criminal prosecution, will be endorsed by -all the decent and best disposed minds in the community. I agree that the books are ,of varying degrees .of immorality, but the immorality ' is present in each -one, and it cannot be gainsaid that if the' immorality is taken oat there ja nothing. * else left .that would 1 ' induce any reader to give the ' books a -second thought. To < strengthen my own ■ opinion *nd -to /give weight to the views I have <expresEjid throughout the proceedings, I aannot id© -better than quote the =word» of Chief Justice Cockburn>in<tke case -Regina v.«Hicklin, 1868, 3 L.R., Q.RD., «t p^geWi:— 'It~is perfectly 'trae that -there are a-gre&t ■ many publications of hig-h repute in ,th» literary productions of this countxy the tendency xtf -which is imnKKtest, and, if you please, immoral, and possibly there might have been subject matter for indictment in many of the works which, have been/ Deferred to, but it is not to be sari - because there are in many standard and established works objectionable passages that therefore the law is not as alleged on the part of ' this prosecution — namely, that obscene works are the subject matter of indictment; — and I think 'the test of obscenity is this : whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose ' minds are open to such immoral iafluencta, and into whose hands a publication of - thissort may fall. Now, with regard to this work, it is quite certain that it would I suggest to the minds of the young of j either sex, or even to persons of more advanced years, thoughts of a. most impure and character.' I suggest to those who advocate and defend extreme license in the character of modern ! litera- | tirre "for more or less extraordinary reasons that they should . pause and - read and thoroughly consider these words of an eminent judge, ,however lightly tkey may regard my personal opinions. As regards the three defendants Christian, Rankin, and Sherwin, I am bound to convict them. The sales by them of the various books have been proved and admitted, and their remarks to the parchasers at the time of the sales prove conclusively to my mind that they knew the quality of the books, and that they were different from the ordinary class. If this not so I~ would probably have taken a different view of their actions. Each is fined 40s and ordered to pay the costs. In the case of Whitcombe, Williams, and Fountain Barber, after mature consideration I have decided that I ought not to record convictions. Tfie exigencies of the position appear to have been fully met by the conviction of their assistants. I need cay nothing further than that the charges are dismissed." AUCKLAND, October 9. Several booksellers, complained that, while the, firms prosecuted in Chri&tclwrch were the representatives of the highest class of trade, the low-class trade, which 'admittedly was carried on in some places, was allowed to go free. "Go to '* shop in street, and get into the confidence of , and into bis secret book store," was said to the Herald reporter by one bookseller, " and you'll find quite the very latest thing. Some of the books kept in some of these low-claes places (fortunately there, are not many of such) would make your hair stand on end, and fill any decent man with disgust. Yet there is a secret traffic going on in booke, th« authors and sellers of which ought to be boiled in oil; and it is that sort of filth the police ought to search out, and they 6liould bring the piuveyors to justice. The prosecutions are bringing th» law into contempt, w hereas the law wa» framed to catch the sellers of such prurient litorat'ire ab I have referred to, not firms which exercise discretion and stock only good novele."

A bridge built entirely of mahogany, claimed to be th© only one of the kind in the. world, in the State of Ohia.pa», Mexico. The bridge spans the Bio Mickol, and its total length, including approaches, exceeds 150 ft, while the width ie 15ft. Non* of the timbers of the flooring were sawn, for in that region there are no sawmills, but were hewn and, sglit^