INDECENT PICTURE.

Waikato Times, Volume 121, Issue 20230, 26 June 1937, Page 11

INDECENT PICTURE.

TEBT OABE DECIDED. BOOKSELLER CONVICTED. POSSIBILITY OP APPEAL. (By Telegraph.—Press Association.) WELLINGTON, Friday. In a reserved decision in a test case nto the question of what Is Indecent Hr \V. F. Stilwell, S.M., in the MagisCourt to-day Iheld that 'the picture “ Garments of Nakedness ” In the Auckland magazine Health and Sunshine was not Indecent hut that another picture “Aegean ” was and that the defendant, Morris Edward Lehanev, bookseller, of Willis Street, was accordingly guilty of exhibiting and selling an indecent document. Mr Blrks, who appeared for the prosecution, after consultation with Detective-Sergeant J. Doyle, said defendant had not been before the court before and that he did not ask for a heavy penalty. Mr W. Mellish, for defendant, said he would like to consult his principals, the proprietors of the magazine, Health and Sunshine, as the amount of penalty might affect the question of appeal. He asked that the penalty be held over. This was agreed to. Mr Stilwell quoted the legal provisions governing what constituted indecency in such cases. .Largely the matter turned on the object of defendant in displaying the picture, the art value or the intention of the picture itself and the effect the picture might have on the mind of those who looked at it. Change In Attitude. The magistrate admitted that there was a big change in the public attitude towards these matters from bygone years. Ho distinguished the differences between the two pictures, “ Garments of Nature ” being a side view that did not show up the human form as was the case with the other. On the question of intent In displaying the pictures (opened out on a double page), he held that the object was to Induce the sales of the magazine. He held also that while the effect of the picture “Aegean" might not be adverse on mature years it would he detrimental in the case of young people.