INDECENT BOOK

Poverty Bay Herald, Volume LXVI, Issue 19887, 15 March 1939, Page 12

INDECENT BOOK

“THE DECAMERON” AVAILABLE FOR HIRE LIBRARY HEAD FINED MAG ISTR AT E’S RULING AN APPEAL PENDING (i’er l'l'uss Association.) AUCKLAND, this day. Judgment in the case in which a principal of the London Book Club, Howard Keddell Sumpter, for whom Mr. Munro appeared, was charged With delivering, by way of hire, an indecent book, "The Decameron," by Boccaccio, was given by Mr. F. 11 Lcvien, S.M., in tin? Police Court. The case was heard last month, the prosecution being conducted by De-tective-Sergeant McHugh. Leave to prosecute had been given by the Solicitor-General. The Magistrate said that although the facts in the case were simple, the law, or rather, its application to the facts, was difficult. The library in question was well conducted and was patronised by people belonging to all shades of society. There were no members apparently under 1G years of age. Translations of "The Decameron" were now published by a number of reputable English houses and were pul up in at least one of the popular library series and might .be purchased readily from book shops in New Zealand, Mr. Levien continued. "The Decomeron” had been read by the defendant, who did not consider it indecent or pornographic. Apart from its range of meanings in the standard dictionaries, the word "indecent" had been judicially interpreted in respecl of indecent or obscene pictures Tcept for sale as “contrary to decency in relation to exposure, gesture or language in accordance with standards which prevail in the country at the time” Censure in Their Day Mr. Levien said it was urged, as if had generally been urged upon the court in similar cases, that we were more enlightened, more broad-minded and tolerant than people of the fourteenth century; that some of the classics, some works of famous authors and some modern novels would suffer from censure if “The Decameron" were condemned, and that lewd and suggestive passages occurred in many popular and accredited books. Be that as it might, reviewers stated that the •stories did not escape censure in their day and that Boccaccio came to regre* them. "There is authority for stating that a book may be indecent and obscene even though it contains no more than one obscene passage,” continued the magistrate. "It does not follow, as decided cases show, that because a picture is a work of art or a book is a classic, reproductions or translations of them may be indiscriminately sold or hired or distributed gratis with impunity. Matured Minds “I am of the opinion .that the edition of ‘The Decameron’ under discussion is a work suitable for reading and study by matured minds. It is a collection of stories spiced with indecency. Some of the modern illustrations in the edition are in keeping with its general tendency. "Throughout there runs a subtle blasphemous vein. Throughout there is a general lack of respect for any reasonable appreciation of those ethical, moral and spiritual virtues and, generally, all those healthy and informative values and tendencies which young people might well be expected to carry with them from our secondary schools. "After taking a reasonable view of this edition of ‘The Decameron’ and giving full consideration to the requirements of the Statute ,1 have come to the conclusion, although not without some hesitation, that the defendant must be convicted.” Charge Amended. The magistrate said the information charged the defendant with delivering, by way ol’ hire, an indecent document, but he thought the court should view the, evidence rather from the point of view of the defendant having in his possession for hire an indecent book entitled “Tire Decameron." Mr. Levien then amended the charge to one of having in his possession for hire an indecent book

Mr. Munro, after consultation with the defendant, said the latter desired tc> appeal. The defendant was fined £5 Is, with costs 10s.