AN UNUSUAL CHARGE.

Taranaki Daily News, 19 March 1920, Page 8

AN UNUSUAL CHARGE.

ALLEGED INDECENT DOCUMENT. I Travellers on the railroads of tlie Dominion are, it is said, frequencly thevictims of a pest—the vendor of indecent books —who discovers himself unto them 'in the guise of an itinerant bookseller. When the gratuitous insult is offered, the recipient thereof is as a general rule too indifferent to take action with a view to finding cause for the legal punishment of the offender. ~•< But Constable John Potter, of "wayback" Whangamomona, is a bright exception, as was indicated at the Wellington Police Court recently, when on his information a man named Anthony Swinburn was brought before Mr. E. Page, S.M., on a charge that, on January 26th, between Wellington and Palmerston North, he sold an indecent document —an alleged sporting annual. It appears that, on the date in question, the eonstable, in plain clothes, was travelling on the Wellington-New Plymouth express, but had not completed more than a fourth of his journey when Swinburn, carrying an armful of periodicals and newspapers, accosted him and three companions and solicited trade. Receiving a reply in the negative the accused produced from his coat pocket the alleged offensive publication, and proffered it for sale with the words: "This may interest you. It is barred, but I sell a lot of them." Constable Potter invested 2s and then followed Swinburn out of the carriage, disclosed his identity, and informed him that he intended to report the matter. The accused thereupon said, "You had better prosecute the person who sold it to me," but when asked for further information retorted: "That is your business to find out." Constable Poffter added that he had read the book and was of the opinion that it was indecent practically from start to finish, some portions particularly so. For the defence it was submitted that the document was not indecent within the meaning of the Act. Swinburn was nothing if not candid in his remark that the book was "barred." He said the statement was made in order to "effect sales," and, after a moinent's pause, added: "If they were looking for that kind of book, an indecent book," the suggestion of a prohibition on sales was of some value from his view point. He did not know if the book was indecent or if it was "barred." He had heard that the the latter was a fact. A number of the books were bought from second-hand dealers, but he could not say where the copy of the Winning Post Annual was obtained. That the book was produced from his pocket was not a significant fact, because his clothing was used to enable him to carry more stock. At this stage the magistrate intimated that lie would have to peruse the publication before giving judgment. Decision was reserved.—Wellington Times.