AN EVANGELIST FINED

Dominion, Volume 8, Issue 2339, 22 December 1914, Page 9

AN EVANGELIST FINED

FOR DISTRIBUTING INDECENT PAMPHLETS MAGISTRATE'S COMMENTS Arising out of the distribution of pamphlets alleged to have been of an indecent nature, a middle-aged man named Jacob Thomas Wilhide appeared before Mr. D. G. A. Cooper, S.M., in the Magistrate's Court yesterday. Defendant, who was represented by Mr. A. R. Atkinson, waß charged: —(1) That at Petone he caused an indecent document to be delivered to Stacy Edward Hill, of Britannia Street; (2( delivering to Willy Siviney an indecent document with intention that it should be dealt with in.such a manner as to constitute an offence against Section 3 of the Indecent Publications Act, 1910; (3). at- Petone, causing to be delivered to premises in Bay Street, occupied by Lily Shorten, an indecent document.

The Case for the Police. _ In opening the case for the prosecution, Inspector Hendrey said that the informations had been laid under Section 3, Sub-Sections H and J, of the Indecent Publications Act, 1910. Accused was described as "Elder and Evangelist Wilhide," and was attached to' some religious institution which believed in faith healing. He received no salary. During the course of the last two or three months defendant had had published about 10,000 of the particular pamphlets. Somo were distributed by defendant himself, but the greater part by his followers. There were three informations; there might have been 60 or 70. One charge was in respect to a woman, another in respect to a boy in the street, while the thirdcharge covered both. The documents had been delivered to school children, three schools in Petone having been visited: the lloman Catholic School, the Petone High School, and the Petone Publio School. These facts were, not disputed by the defence. •The Inspector went on to refer to the pamphlet in question-. "I don't think it can be claimed that it has any particular literary merit. The wording is couched in such a manner that when submitted to adults, and particularly to little children, it is an indecent document. I lis.ee had complaints from a number of people about it, and from the secretary or the Roman Catholic Federation. The latter ha-s had the greatest difficulty in preventing outraged parents from going and taking the law in their own hands." The Inspector said he also wished to draw hie Worship's' attention to tho fact that on tho document was an appeal for money. Defendant', however, had called "on tho speaker, and on his telling defendant it was an indecent document, defendant agreed to stop their distribution. Tho document had been hanfled to the At-. torney-General, who had directed that ulie prosecution take place.

The Defence. In reply, Mr. Atkiucon said that defendant was a man who had given his lifo for tho past 25 years to-help tho fallen. His Worship hwt before him a self-sacrificing man, ■ who worked, only for this. Ho was sure the Inspector would agree with this. ..The speaker mentioned that tlio printers of the document, Wright and Carman, were under the impression when printing the document that its sole purpose was for distribution among, members of the Expe-ditionary-Force. As : a~'standing as to the manner in which the Court should look on the matter, counsel quoted a lengthy report which appeared some months ago in a city paper in rospoot to venereal disease. Counsel went on to say that there was an improper prudery 'in respect to the matter in question, and his Worship must remember this and the motive in . which the pamphlet had been issued. The combination of ignorance and innooence on the subject was responsible for probably as much harm as deliberate vice in sexual mat-' ters. Referring to the contents of the pamphlet, counsel admitted that thepictures in the pamphlet.were revolting, but only in a manner that they showed the terrible effccts of the vice. One of the best ways to combat the vice was to generate disgust at the ravages of it. Referring to the Inspector's remarks about the document being distributed to children, counsel said that the instruction to the child was to bring it home to its parents, so that they might be enlivened to the necessity of opening their children's eyes to these matters. As to adults, counsel said he could not possibly imagine how adults could find the document indecent. Then there waß the question of the harm such a pamphlet might do to an abnormal bomg; but if harm were done, then the article referred to at the opening of his address was harmful. Evidence was then called for the defence. The Rev. Knowles Smith, a Methodist minister, went i into the box and said that apart from the hit at religion, which might very well hr.ve been left out, he considered that the pamphlet was all right, and would be productive of good, no matter into whose hands it might fall. Inspector Hendrey' read out a verse from the pamphlet and inquired if witness, as a minister of a Church of God, could put that into the hands of girls of 8, 9, or 10 years. Witness: I,would not put that verse into a child's hands, but the whole pamphlet. l'lio Magistrate: And so you would put a filthy verse like that into their hands P Witness: The sixth ve.-6o is filthy; but what follows ? " Mrs. Douglas Gray, of Brittomart Street, Berhampore, did not consider the document immoral, and said slio con-, sidered anyone justified in distributing it to children. Defendant went into the box and said he resided in College Street., Ho said ho had not distributed tho pamphlets at school gates. Mrs. Nellie Perym'an said she was the wife of the Rov. Peryman, Methodist minister, of Johnsonville. Witness was editor of a Temperanco organ, "The White Ribbon," and was also the mother of three children. Tho document was not provocative of anything immoral. This concluded the evidence for the defence. The Pamphlet Indecent. In giving his decision, the Magistrate said ho did not think it necessary to reserve his decision. The document was indecent. "I notice," continued Mr. Cooper, "that there'is a young lady in court taking shorthand notes of the case. For her sake-1 wil! refrain from quoting from the pamphlet. In my opinion it is not tho function of any religious sect to distribute filthy documents like this amongst innocent children, neither is it their function to impart such knowledge. The fact that fendant may have done so witli a high, though misplaced, motive, will of course influence the penalty. In each case I will fine him £5, with costs.'* Counsel asked that. the fine in one J case be increased to £5 Is., so that thoy might havo a right to _ appeal. The Magistrate agreed to this.