"TRUTH'S" TROUBLES.

NZ Truth, Issue 143, 14 March 1908, Page 4

"TRUTH'S" TROUBLES.

PROSECUTION AT PERTH.

The Clara Butt Paragraph.

Publisher Dawson Acquitted.

Prosecution Politically Engineered to Crush Democratic " Truth."

At the Perth Criminal Court on March 5, Frederick James Dawson, printer and publisher of the Western Australian edition of. "Truth,"" Was charged with having sold certain obscene printed matter. The -proeaadingi, were taken by the Crown Law Department, under section 204 at the Criminal Code Act of 1002/ The tiial took place before Mr Justice Rooth and a jurY of twelve, and the prosecution relied on tWo alleged obscene paragraphs which appeared m the. Westralian "Truth" <of December 11 The first concerned Clara Butt, and the second had reference to THE WALLACE DIVORCE CASE. The defendant was represented by Mr R. W. Pennefather. k.C.,- and learned counsel protested 'Wawst the Crown proceeding oh the' Wallace matter seeing that the defendant Dawson had been committed from the Perth Police Court by P. M. R»e en the Butt 'paragraph., and on tfcat occasion, January 20, the' Actirir-' Crown Prosecutor, G. T. Wood, stated that the Crown intended to rely solely on that matter. AJter' considerable argument 'by counsel,* "the Judge eventually decided that the down must rely. • , ON THE 6UTT PARAGRAPH, but he would submit. . tire Wallace paragraph to the jury 'for th_e purposes of comparison, and it. was for the jury to -the PQindt as to whether if an obscenity printbd m one part of, the" papier, a . sTri?ilar indecent paragraph. might hot le expected m another Dart. Mr p^nnefather also urged that the '■ section of the Criminal Code, under which the Crown was proceeding had been. implied 1 y repealed by. a, subsequent enactment by the Crown knowri as ? Thc Indecent Publicatjcons, Act," but the Judge overruled. the noint, holding that the Crown held, tin* option to proceed under either Act. Tin. ' '•■ ■' ;■■ CODE PRESCRIBES : GAOL only, as. a penalty 1 m the; first. Act, but m 'the second Act it' ; gives the a.) i ernative of a fine or .impi'isonnaent. The evidence given was nracticaU?! similar to that tendered- in thelewec court, riving the registration and sale of the paper. The defendant 'Dawson, m giving evidence' on, hjs own behalf, while accepting, full responsibility Of the paragraph, dented any knowledge of . the, offending paragraph, m the paper, and also, the knowledge that it conveyed an improper meaning He stated he did. not realise what formed the .basis of the . Prosecution until he was served with a summons. when the detective told him that it was not the Wallace matter, as had' been stated by the Perth nress;- but "tj»© Rumford-Butt Par*urraph that oanetitiited the alleged indecency. Qti&r evidence was. tendered to provi that Dawson was not m the ',■•

The evidence of reputable e>tjLzens who had read the /toatter, but. wh» had detected no obscenity ih . the* paragraph, was , not admitted by the Judge. The Crown . Persecutor ja^ad* a strenuous effort t6 £ebure a conviction, and he .was supported by. The Judge, who, m sumqring up, was, almost savagely ; antagonistic xq defendant: The Judpe ridiculed, copnsel's contention that any but a^ indecent meaning cotild be rea^ ffcpm tihft paragraph. 'The jury were opt ev£.dentl" impressed 'by the- Jfia.«a£i» Judge's disquisition on the aljiej^ed! double entendre, and bis .pronounced unfairness, fpr after a retiren^ueAt rf Jess, than fifteen minutes . the*. dujcV brought m a verdict of ■ 'Iso% '«ultv." The verdict had given -genei-iil satisfaction, because it . is popularly recognised that the prosepJition nas been politically engineered as a device to crush the outspoken den__no_fiatic journal "Truth," and Dawson reciprocates the already. many f\ordaal, congratulations. It is penerjiJU-v be^ lieved that the defendant must. baV© won on the law points befoce the Ptilt Court,, but this popular verdict ijS ohlv another instrmce of the tfrauwaifr of the lury system m tiho pmm&«&~ |tion ; of,the liberty of in___oc«jtf maris, m^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^Bmmmmm\\\WMLTT m^~

missus is taking lessons In. bg*tt_ fo-. struments. It was paint*sl «i__6. t» the matron that certain, people Mfc|M pose as philanthropists and wsnaitft benefactors of orphan chil__b_*a , Trikwtii they- were sweating and jJEhMtii'g, iff a publication like didttfH :m_~ ist. They might even , ge to elawmft and thank their .God that tjaey. twtte not as others, yet escape pwHsbtfticgri. because they had thßjpull on ti* daily press. Now, ,! Ti;\tth' J . cana&lf be bought— although a e/ipy i* «ifctainable for 3d at thfe street cjiiMMa^ hence its determination to disawi 'th» (attention of the authorities to ' t&fa present case. The matron benevolently- acknowledged that it toofc some time to learn both sides of . » question, and she attributed «,uu knowledge of the alleged injuries t© the spite of neighbors who had recently fallen out with the aecuaett persons and vented, their spleen m the manner described. The interview was closed with reluctance on our part, after a remark . that when pcoule fall out' "Truth" epmes to th® surface. The Societv for the "Prevention of Cruelty to Women and S3hilHren is recmested ' to make inquiries into this case, and the police might with advantage ovcrlo.dk a burglary or two and look into the matter also.

Thus the "Outlook" oh Parson Beecroft, new President of. the wowser church m the Dominion :— "His ministry is one of singular sweetness and persuasiveness. He is of a gentle, retiring disposition, and probably has accepted his election to the chair oi conference with great fear and trembling." "Truth's"- religious reporter believes that the reverend gentleman is a martyr to night-marc, and is chased m the midnight' hours by Old Nick, who makes a terrific din with his cloven hoofs as he lashes the atjmosphere into an electrical storm I with his forked tail. The President business will keep BeecroftV i^od from dwelling upon Satan, . .