OFFENSIVE PUBLICATION.

Gisborne Times, Volume XVII, Issue 1409, 21 March 1905, Page 2

OFFENSIVE PUBLICATION.

(Per Press Association.) ’ r I .' -i •- : Wellington, last night. In the Police Court to-day George Lwart, stationer, Mannors stceot, waa charged under the Offensive Publication Act, with having sold on February 13th, a newspaper known as Sydney Truth, portions of which wore alleged to be of an indecent, immoral, and obsoene nature. £ he J afoKn “ tion w «s laid by the police. Mr Myers prosecuted, and Mr Dunn defended. John Norton, proprietor, and 1 publisher of the papor, was present.' Mr Myers explained that the charge was laid in respect of a copy of the paper of 29th January, which was purchased by a detective from defendant, and particularly in respect of articles headed •« A-Salacious She,” “ An awful Allegation,” “Melbourna Abduction Affair,” and others. It might '< bo said that the articles, wars records of police court proceedings, but that exousa would not hold good in regard to all of •’ them, and oveu if it did it had to be remembered that things might be said in e S court of law which it would hs indocont to publish.

The only evidence for the prosecution was that of Doteotive Boddaio. ' Mr Dunn, for the dofenoe, raised the preliminary objection that mens rea on the part of defendant had to be proved before a conviotion oonld be recorded. Defendant would swear be was not aware of the contents of the paper. Counoil also sub- l mitted that it the matter was to bo viewed in a moral light the Bible and hundreds of other books sold in the open market were also open to prosecution. The defence waa J justification of the paper, and that there I was nothing obscene in it. *«-** John Norton, called, said all the artioles | were correct reports of court proceedings. Defendant elected to bo tried by jury and the magistrate said ho would givo his •_ decision on tho points raised by Mr Dnnn ' on Thursday morning, when he will also say if a priina facie case has been mads out.