INDECENT PICTURES

Hawke's Bay Herald-Tribune, Issue 136, 25 June 1937, Page 4

INDECENT PICTURES

Press Association.)

Magistrate's Decision In Test Gase AUCKLAND MAGAZINE

(By Telegraph—

WELLINGTON, This Day. - In a reserved decision on a test case - iato the question of "what is inde- ? cent," Mr. W. S. Stilwell, S.M., in the - Magistrate's Court to-day held that the picture "Garments of Nakedness" . in tlie Auckland magazine Health, and Sunshine was not indecent, but that another picture "Aegean" was and ' that the Jefandant, Morris Edward Lehaney, a bookseller, of Willis street, was accordingly guilty of exliibiting and sellrug an indecent document. Mr. Birks, who appeared for the proescution, after consultation with De-tective-Sergeant J. Doyle, said that the defendant had not been before the Court before and that he did not usk for a heavy penalty. Mr. W. Mellihs, for the defendant, said that. he would like to consult his principals, the pro- , prietors of the magazine Health and Sunshine, as the amount of tho penalty ungiit affect the question of appeal. He aslsed that the penalty be held over uucl this was agreed to. Mr. Stilwell quoted the legal provisions governing what constituted indecency. In such cases largely the matter turned on the object of the defendant in displaying the picture, the art .. value or intention of the picture itself, and the effect the picture might have on the minds of those who looked at it. The magistrate admitted that there , was a big change in the public attitude on these matters from bygoue years. He distinguished the differences between tho two pictures, "Garments oi Nature" being a side view that did not show up the human form as was the case with the other. On the question of intent in displaying the pictures (they opened out on a double page) he held that the object was to induce saies of the magazine. He held also that while the effect of the picture "Aegean" might not be adverse on those of mature yearg, it would be detrimental in the .case of youug people.