NEWSVENDOR ARRAIGNED

Dominion, Volume 13, Issue 147, 17 March 1920, Page 3

NEWSVENDOR ARRAIGNED

INDECENT 1 PUBLICATION. Savin? failed" to dianrtfe of tho pulling Hons bo carried under his arm. n tnur nowsvendor named Anthony vSMiiburr "produced from... his ?ocl?Rt> to ft pnrty <»l four travellers on the New PlynioutU••oxpress a/copy of "the '"Wirtninjr Annual,"' -and said:. "This nucht suit, ynu, The partv.included Constable Jolm J-m* ter. of WhanKamomona (Taranala). vrns traTellinc: in plnin. clo>hes; and lie , purchased 'tho* book f0r"23." He thou instituted 'pro.ccedinpH.aprn burn fer selling an indecent -publication. , , - - -The case was heard at tho Masißtraton 'Court yesterday 'by Mr. . E."'Pnge. U.JI. Benlor-Scrircant Willis prosecuted. aitd Jlr. »Eoffsard represented, the defendant. . ' Constable Potter stated thnt on January 26 he was travelling on t>o New Plymouth express .to Wellington ''"When at Loyin tho defendant cnterc.d. the carriage, au»l offered for-"fiolo ' boohs., and lungamcs. ' Witness was Bitting with three other wen, and accused produced from. hi 3 pockcfc a copy of the "Winning Post' Annual." of the men remarked: "What! The.,!>!£♦ . nlng Post'?" Swipburn replied "Ycs.lt is barred, but I sell a lot of them. Wit* neea then purchased ■ tho ' book for 2f1., •and not wishing to'disclose his identity in tlio- carriage followed. Swinburn .out on to the nlatform,./ivhprc, he-. Mated »'ho hewafl; Witness said. he would have *to report the matter of- selling, an indecent document. SWnburn 'asked witness to iprove who he vrna, and witness produced ■his railway paes. -Swinburn. then told witness that he had better prosecute the person who Bold the book to him. Wit ; •ness .asked: "Who was that?" und, burn replied: "That's your. businosß .to find out.'' Witness then said: "From-the conversation you knew that the book was ibarred when you exhibited it?" 1 and defendant replied: 'Tea. I know that .there la a terrible lot of them sold." Witness .said.that he had rend the book through, , and it was indecent from start to finish. Mr. Boggard: Do you eeggeit that .the passages markod are indeebnt?—"They 'are indecent." . .. Under further cross-examination, witneso . said that lie had seen .copies of the 'Winnine Post." which had been seized, and he , understood that thqy .were, barrpd.\.-.. . Counsel for tho defence.said tnatiit.was not denied that the document was sold, nor was it denied that the defendant lind a guilty knowledge.' What was • denied was .that the document: ,waH indecent. Counsel toola .it that Hie Worship would read tho book -through,- and, therefore, it would not be necessary for. him to quota the passages and argue on them. It/was entirely a matter, of law.. Ho submitted that tho book was not indecent viithin the .meaning of paragraphs-6 and 6 .of the •Indecent Publications Act, 1910. Some of ,the passages might be considered. is "rathor broad," and possibly vcrginr on ■vulgarity, but .it did not amount to an Indecent document, ..Some of (he 'ofttents of the volume might bo pffensive to Homo , people, biit 'it''did'not'fdllow'that it was Indecent .- ■-. • . . v The defendant then gave -evidence, and • said that''the. books-he sold on the. tiain were purchased from second-hand dealers. Ho told the constable that he had only one copy of the "Winning l'ost," and had only sold one, He denied that.he infonned tho constable that he had sold 'a lot of them. He was not aware of what was in tho book', and "he mid no reason to suppose the book was barred. He'-'had been three or four years "oii the trains, and had not been In any "similar troublo 'before. ' In answer to Senior-Sergeant Willis, defendant said that he informed likely patrons that'a-book 'was barred' if he thought ho could 1 thereby ' effbet' a »ale. He denied telling' thjj ; constable to:ri'ro'se-cut-c the bookseller who sold',him the book, and ho did-not tell him to And out who sold tho book. 'In answer to a- further question, defendant said:' "If ' people are looking for that sort of .book-ran indecent 'one-they will buy if they are informed that tho book is barred." •This concluded the case, and the Magiin trate (aid he would take timc'to. consider Mb decision.