"NASTY TENDENCY"

Rotorua Morning Post, Volume 1, Issue 150, 17 February 1932, Page 5

"NASTY TENDENCY"

(Press. Assn.--

small newspaper — AUCKLAND PUBLICATION, "FRUITY BITS" BEFORE COURT "IMMORAL AND" MISCHIEVOUS"

-By Telegraph. — Gopyrlght).

AUCKLAND, Tuesday. "We should keep our literature and our streets clean," remarked Mr. F. K. Hunt, S.M., in the Magistrate's Court, in eonvicting John Herbert Tonkang on charges of causing to be printed an indecent document, a newspaper entitled "Fruity Bits," on or about October 9 and November 13. The case of 'Francis Simpson, who was charged with printing or causing to be printed an indecent document on or about the same date, was adjourned sine die. Counsel for the Crown said Tonkang was editor and proprietor of the publication. Simpson, being the printer, was charged under the. Indecent Publications Act, 1910, and the regulations provided that one indecent work was sufficient to render a publication indecent. It was contended that in the publication concerned, the tendency was to induce immoral thinking. The question as to whether there was ahy literary merit in the publication was for' "the magistrate to decide said the counsel. The matter was sold apparently to a certain class, and it was contended that the action of the defendant in selling the publication was of immoral and mischievous tendency, "If we went through English. literature and took out unpleasant "sarts and published them together, that would be an offence in my mittd," emarlced the magistrate to the. counsel for defendant. Detective-Sergeant Martin said he believed the publication had been toned down considerably since the police inquiries. The question , had been submitted to the Solictor-Gen-eral for consideration. Counsel for defendant said the puhhcation had been printed in the ordinary course of business, and the purpose had been for gain. There had been no deliberate intention on the part of defendant to eorrupt the morals of the community. The magistrate said the Act merely showed the power of the Court as to whether it should consider the purpose of the publication literary, =cientific or artistic. In the present case, it was clearly admitted that the -locument was published for profit. "in my mind the marked passages have a nasty suggestive and immoral tendency," Mr. Hunt added. "I have no hesitation in entering a* conviction. The action of the defendant vas immoral hnd mischievous and, it 's our duty to ensure that such matters should not he available to young people. We should keep our literature and our streets clean. Had the publication not been toned down I -hould have imposed a higher fine." Tonkang was fined £10 on the first charge and convicted and discharged on the second.