COMMUNIST IN COURT.

Auckland Star, Volume LIX, Issue 227, 25 September 1928, Page 8

COMMUNIST IN COURT.

SEQUEL TO POLICE RAID.

STUDENT AND GROCER.

BOOKS OF SEDITIOUS INTENT.

CONVICTED ON TWO CHARGES.

On the morning of July 14 DetectiveSergeant J. Bickerdike and Detectives Alsopp and Nalder visited the house of Sidney Scott (28), at 203, Queen Street, Onehunga, armed with a search warrant. They seized many books and as a result, Scott, who is a grocer, a student and also secretary of the Auckland branch of the Communist party of New Zealand, appeared at the Police Court on summons this morning upon three charges. Mr. V. N. Hubble appeared to prosecute, while Mr. W. R. Tuck represented Scott.

The case excited much interest and the public portion of the Court was packed to capacity.

Scott was charged with having in his possession, for sale or distribution, four copies of a book entitled, "Elements of Political Education," by A. Beronikov and A. Setlof, edited by N. I. Bucharin, and a further charge of having in his possession for sale or distribution 12 copies of another book, "Party Training Manual," published by the Communist party of Australia, it being alleged that these books advocated violence and expressed a seditious intention. There was also another charge of importing books which advocated violence. Mr. Tuck said that he recognised and would admit that the book "Elements of Political Education" was a breach of the regulations. However, Scott would plead not guilty to the second charge, in respect of the book "Party Training Manual." The third charge would be admitted, as Scott would take responsibility for importing this book. Counsel then made a preliminary objection to the search warrant being executed, stating that there was no provision under the war regulations for a search warrant to be issued. There used to be, he said, but this particular section or clause had been repealed for some time. "The search war—it was issued under the Crimes Act." sail Mr. Hubble. Mr. Tuck: The warrant entitled the police only to take away the book, "Elements of Political Education" and "books of a like nature." The detectives did not decide whether the other books were "of a like nature." They took away many books which are the private property of my client, book* which may be purchased at any «*hop and which may be seen on any" man's bookshelf. "Dear Comrade." Mr. Hubble said that the police had every right to take the books. Those that were found to be all right would be returned to Scott after the caee. "The detectives also found a minute book of the Communist party," said Mr. Hubble. "Here is one letter. It commences, TJear Comrade' and finishes 'with revolutionary greeting*' (laughter). 'Elements of Political Education' is one of the most violent books ever published, although it may not be sufficient to justify a charge of sedition or seditious conspiracy. The other book is not quite* as bad, it merely promotes a feeling of ill-will and hostility among His Majesty's subjects." Mr. Hubble then read from both books excerpts of matter, which, he said, particularly offended against the War Regulations Continuance Act, under which the charges v\ ?re laid. Detective-Sergeant Bickerdike was then called. He stated that when he visited Scott's house on the morning of July 14 and stated that he had a search warrant to execute and to look for some seditious literature, Scott hesitated. He then said, "I've received some books through the post thie morning and any literature or books in my poesession you can take." Scott then volunteered a statement, which he wrote himself. In this he said that he purchased the book, "Elements of Political Education," from America. He had no means of finding out what books were prohibited in New Zealand. "I am the secretary of the Auckland branch of the Communist party, and, as such, I have the handling of such books for educational purposes." Scott, added witness, then asked to see the warrant. After it had been read to him he said, "You have seized the minute book and a list of members of the Communist party. If any seditious document is found in their possession I might get into trouble." One of the letters, a copy of which was filed in the minute book, concluded, "Yours in revolt, Sid Scott." Books Received that Morning. Mr. Tuck then addressed the magistrate. The "Party Training Manual," he said, was not a breach of the regulations, because it did not, in the sense required by such regulations, incite violence or lawlessness. The expressions in the booklet must be taken in their full context and everything must be construed through the conditions of society and must further be seen through the

spectacles of the present time. "One is the reading of what will be the outcome of the present," said counsel. "Does the 'Manual' say merely what will be the result of the social movement, ox does it excite or advocate? That is the question which your Worship must ask yourself. This book is no worse than the publications of the Independent Labour party in England or of the Fabian Society, I submit. The other book does not say that we must fly to arms, although I must admit it nearly says so. This book, "Elements of Political Education," was not for sale or distribution. There were only four copies and they were to be read by the executive of the party. Counsel said that the four books oniy came to hand by post the morning the detectives seized Scott's books. As Scott was only holding the book and had not even read it, could he be convicted on a criminal charge of having it in his possession for sale or distribution? In connection with the charge of importing books, Scott would accept responsibility, but he did not have them for wide circulation/ Therefore this charge was not very serious. "A Man of Some Standing." "Now, something about Scott himself," said Mr. Tuck. "He is a student at the Auckland University, well-known to all the professors, and although lie is a married man. in his spare time he has taken a course of political scieneo, philosophy and history, and has obtained his first section of his B.A. degree. He has lived in Onehunga for the°past IS years and assists his father, who is a well-known grocer at Onehunga. Although secretary of the Auckland branch of the Communist Party, Scott Is a man of some standing and well known in the communitv."

Mr. Hunt: Yes, he is different from the type of man we have had before tinCourt in the past on similar charges. In evidence, Scott said that the Communist party imported books in considerable numbers after they had received sample copies, and if, after review, they had been found to be all right. He disputed the truth of portion of the evidence • iven by Detective-Serjreant Bickerdike, and denied that ho offered to make a statement, and also that he told the detective that he could take what books he liked. Mr. Hunt, S.M., said that with the first charge there was no difficulty, for Tt had been admitted that it was a breach of the regulations. Tile only difficulty was whether Scot thad imported the book for distribution. "I'm sutistir that he did. because he had four copier* of the book," said the ma<:istr:>te. Scott was canvicted on the first and third charges, and fined £5 and costs on the first. On the second he was ordered to pay £2 2/ costs. Mr. H'—' «s--i M - he would peruse the l>ook, "Party Training Manual," and give his decision at a later date.