“THE DECAMERON”

Dominion, Volume 32, Issue 145, 15 March 1939, Page 10

“THE DECAMERON”

Magistrate Holds It Indecent RESERVED DECISION Subtle Blasphemous Vein Seen In Book By Telegraph—Press Association. AUCKLAND, March 14. Decision in the case in which a principal of the London Book Club, Howard Keddell Sumpter (Mr. Munro), was charged with delivering by way of hire an indecent book, “The Decameron,” by Boccaccio, was given by Mr. F. H. Levien, S.M., in the Magistrates’ Court. The case was heard last month, the prosecution being conducted by Detective-Sergeant McHugh. Leave to prosecute had been given by the Solicitor-General. The magistrate said that though the facts in the case were simple, the. law, or rather its application to the facts, was. difficult. The library in question was well conducted and was patronized by people belonging to all shades of society. There were nu members apparently uuder 16 years of [age. Translations of “The Decameron 1 were now published by a number of reputable English houses, were put up in at least one of the popular library series and might be purchased readily from book shops in New Zealand, Mr. Levien continued. “The Decameron” had been read by defendant, who did not consider it indecent or pornograph-

ic. ’ In standard dictionaries the word ‘indecent” had been judicially interpreted in respect of indecent or obscene pictures kept for sale as "contrary to decency in relation to exposure, gesture or language in accordance with standards which prevail iu the country at the time.”

Mr. Levien said it was urged, as it had generally been urged upon the Court in similar eases, that we were more enlightened, more broadminded and tolerant than the people of the fourteenth century, and that some of the .classics, some works of famous authors and some modern novels would suffer from censure if “The Decameron” were condemned, and that lewd and suggestive passages occurred iu. many popular and accredited books. Be that as it might, reviewers stated that the stories did not escape censure iu their day and that Boccaccio came to regret them. “There is authority for stating that a book may be indecent and obscene, even though it contains no more than one obscene passage,” continued the magistrate. “It does not follow, as decided cases show, that because a picture is a work of art or a book is a classic, reproductions or translations of them may be indiscriminately sold or hired or distributed gratis with impunity. “Spiced With Indecency.” “I am of opinion that the edition ot ‘The Decameron’ under discussion is a work suitable for reading and study by matured minds. It is a collection of stories spiced with indecency and some of the modern illustrations in the edition are in keeping with its general tendency. “Throughout there runs a subtle blasphemous vein. Throughout there is a general lack of respect for any reasonable appreciation of those ethical, moral and spiritual virtues and generally all those healthy and informative values and tendencies which young people might well be expected to carry with them from our secondary schools. “After taking a reasonable view of this edition of ‘The Decameron’ and giving full consideration to the requirements of the statute, I have come to the conclusion, though not without some hesitation, that defendant must be convicted,” the magistrate said. The information charged defendant with delivering by way of hire an indecent document but he thought the Court should view the evidence rather from the point of view of defendant having in his possession for hire an indecent book entitled “‘The Decameron.” Mr. Levien then amended the charge t<> oue of having in his possession for hire an indecent book.

Mr. Munro, after consultation with defendant, said defendant desired to appeal. Defendant was fined £5/1/-. with costs 10/-.