INDECENT BOOKS.

Press, Volume L, Issue 14979, 28 May 1914, Page 5

INDECENT BOOKS.

TWO CASES BEFORE THE

COURT.

BOOKSELLER FINED

Further prosecutions under the Indecent Publications Act were heard in the Magistrate's Court yesterday morning, before Mr T. A. B. Bailey, S.M. When the Court opened,3lr H. J. Beswick 'asked leave to mention theso cases, as he appeared for the defendant. Counsel continued that he had in attendance Professor Blunt, professor of modern languages at Canterbury College, in connexion with a book called "Sapho," and would be obliged if the Magistrate could see bis way the case immediately, as Professor Blnnt had a lecture at 11 o'clock. _ Chief-Detective -Bishop • objected. Professor Blunts evidence, he declared, was not admissible at nil; It was quite outside the question altogether to cafl any evidence of that nature, therefore he" objected to Professor Blunt, being called." ; • ' . ' . , - • Mr Berwick said that the Act especially recognised the literary merits of any book, and these were to be taken into consideration. What better evidence could they set. than the evideneo of a man whose duty it was to study that particular matter? The Magistrate: I have read the book, and have formed an opinion of its literary merits. j

A FRENCH. CLASSIC. Mr Ik'swick: It's a French'classic. Tho Magistrate:. , Mr Beswick: Yes, your Worship! It has been in circulation hero for over tweutv years. ~ . Chiel'-Detective Bishop: I coukl get one hundred and sixty export witnesses to give evidence about the book. Tho Magistrate: I refuse to hear any evidence of tlm nfitnre proposed. I ani the judge as to whether the book is indecent. Stanley .Robinson was later charged that on April 4th. 1911. he sold an indecent document in the shape of an English novel, which was recently the subject of another nrosecntson. There was a further charge with reference to tho sale ut the same ,time of a book called "Sapho." purportins to Ik> the "latest of Daudefs "Sapho." Mr Beswick, lor tho defendant, quoted Action 2 of the Act, and submitted that unless it could be shown that a book itself had something indecent in its appearance it did i.ot come under the section. '.

The Magistrate: That would mean that any filthy literature could be sold. "UNDER THE COUNTER." Chief-Detective Bishop contended that the word '•printed' , reierred to any statement in tho book. "This," added the Chief-Detective, handing a list of books to the Magistrate, "is what he supplies to his customers. He takes the books from underneath the counter. With respect to tho book previously before the. Court, the constable went and specially asked for it, and he was offered the other book with it for 3s. Both were taken from under the counter. The li*fc ppeaks for itself —there is hardly one book of any literary merit in it

Defendant interposed that he was dealing with an English firm in this matter; the books o*> the list were to bo found on all tho English Bookstalls. Detective Gibson produced the authority of-the Attorney-General to prosecute. Mr Berwick said he.would admit the sale of the books to Constable Sheehan. Air Beswick continued that with regard to "Sapho M the book was a translation of a very well-known French novel. "I intended to call Professor Blunt," he proceeded, "to give evidonco that it is a standard. French novel. However, I have one or two books on the subject here " Chief-Detective Bishop: This is not the original book at all. "vFTien. Mr Blunt saw it, he was quite disgusted to think that

Tho Magistrate: I have read the book. Mr Beswick: I understand this is a translation. The Chief-Detective (opening- tho book): You won't find that passage in the original. - Mr Beswick: Can you produce the original ? The Chief-Detective: No; but I know that that is not in it. Mr Beswick quoted Saintebury, one of the greatest of critics, on.the question of the literary merit of Daudet's work. THE POINT OF VIEW. . The Magistrate: The French and English have somewhat different standards.

original ?

Mr Beswick: Yes, no Englishman is always imagining something wbore a. Frenchman would think in a different **The Magistrate: This book does nob leave much to the imagination. Chief-Detective Bishop: I'm very thankful to be an Englishman if this, is the class of book a Frenchman reads. Tho Magistrate: I can't sco any merit in this book at all. As a literary production it is nothing; as a story it is nothing. ' Defendant: Thero are many bookß like that. ■ ~ Counsel said that Saintsbury had said the book could be favourably compared with "Nana." Daudot had dedicated the book to his sons to read when they became twenty-one years of age. Counsel admitted that tip book may have been vulgarised to some extent in the translation. Defendant said the play was well known. . , Tho Magistrate: I am satisfied that tho dialogue in that book has not been put into a play. .Defendant.:..Wα buy..it as, being translation from the original. Chief-Detective Bishop asked for a substantial penalty. He pointed out that tho English novel concerned was sold , when a prosecution for "selling tho book was before, the Court; • ♦ A SUBSTANTIAL FINE. Mr Beswick pointed out that defendant had not sold a copy of tho book since the,case'-.Jiod- boon decided. ' The Magistrate, held that section 2 of the Act applied to the printed matter in the book, but said that an appeal could be lodged on a question of law. lln respect of the eale of the English novel defendant would, be fined £10 and costs, and for the sale of tho other book would be fined 20s. , He said he imposed tho more substantial .penalty l>ecause when a prosecution was ponding, the book snould never-have been sold until the Court decided whether an oft'onco had been committed.