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RADCLYFFE HALL'S NOVEL
(Continued from Page 6).
Later, he romarked, "Some may think this book is corrupt be- cause of the way it brings the name of God into the discussion of these passions," "
.
SATURDAY, JANUARY 26, 1929.
standing of the invert, and Chrir- tian pharity for those whose mis- fortune it was to be differently constituted from their fellows, **
The Attorney-General, replying. said that certain passages quoted by Mr. Molville might be above criticism if they stood alone.
Court's Decision.
The whole book; as, to 90 por cent, of it might be beyond criti- cism, yet one passage might mako Basit a work which would have to be Another comment he made with destroyed as obscene, much emphasis was: "This is more. subtle, demoralising, corrosive, Sir Robert Wallace, announcing than anything that was ever writ: the decision of the Court, said: ton......I hardly need ask what is "The book is admittedly neither a the picture conjured up to minds scientine nor a medical book. It is that are open to immoral in-a novel addressed to the general fluence??
view to which I am giving ex- publie which reads, novels. The pression is the unanimous view of the Court. The definition which has been accepted for sixty years as to what is the test in regard to these books is whether the ten- dency of the matter is to deprave and corrupt those whose lives are open to such immoral influences and Into whose hands a publica- tion of this sort may, fall.
"I think I can best leave the book to speak for itself," anid the Attorney-General very deliberate ly. "Unfortunately all of us in the course of life acquire know ledge of human nature and of life which is sufficient to enablp any of us to form an opinion as to obscenity. Obscenity must be Judged by the standard of the laws of this realm. The fact that someone who wrote a book did not intend it to, be obscene does not matter. I know nothing about the intention of the writer of this book; I do not know anything about the writer, and I suggest that the Court, does not need to The character of the book is what ls in question.
The book seeks to glorify a vice or to produce a plen of toleration for the poopla who practice It," he said. "I do not know if it mas- querades under the description of a medical or scientific, book.. but It is not in fact. It is propaganda. APPELLANTS CASE.
"There are plenty of people who would be neither depraved nor cor rupted by reading a book like this," he said. “But it is to those whose minds are open to such im moral. influences that I refer. The character of the book cannot be gathered from the randing of isolated 'passages. They give an indication as to the general ten- dency, but the book 'must be taken as a whole..
"The view of the Court, is that this book is a very subtle book, it is one which is insinuating and probably much more dangerous because of that fact. It is a most
"It is n True Work of Literature."dangerous and corrupting took. It
Mr. Melville, for the appellants,
Is a book the general tendency of said that he would relieve the which would be to corrupt the Court of any suspicion as to whe minds of the general body of those ther it was going to be suggested who may read it. It is a book that the book was either a medical which, if it does not commend un- or scientific work. It was exactly natural practices, certainly con- what it purported to be, a novel, dones them, and suggests that and it was the submission of the those guilty of them should not appellants that it was a true work receive the consequences they de of literature, and not n
serve to suffer. porno- graphic production.
"Put in a word," he added, "the After communicating with the view of this Court is that this is Home Secretary in August, he said, disgusting book when properly Mr. Cape neted just about ns road. It is an obscene book, and a hastily as the Home Secretary an-book prejudicial to the morala of peared to have done-hastily be the community. In our view the cause afterwards he had to con- order made by the magistrate is sider that he was not the perfectly correct, and the appeal only person concerned, He must be dismissed with coats." later reconsidered the attitude
he had taken in the light
of the care he had to take of the i interests of other persons. On August 20 he wrote to the Home Office, and on the following day came an expression of opinion from the Home Secretary.
"I think i am right," said Mr. Melville. "that apparently no lengthy or enreful consideration had been given to the matter."
The Attorney-General-My fri- end must not assume that when the letter was sent that was the
only apportunity for linking at the |book.
Sir Robert Wallace-What does
it matter? It always comes back
to the question, "Is the book obs- cene?"
Mr. Melville recalled the fact
that a most distinguished body of witnesses who were prepared to give their views from the point of view of literature, medicine and · se on us to the value and decency of the book were excluded by the magistrate from giving evidence. He could not say whether from a legal point of view that was a wrongful exclusion, but he pro-- posed to make no lengthy submis-
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to say that evidence in this ap- peal was inadmissible.
There was no mystery or mas- querading about "The Well of Loneliness," he said. It faced the fact that there existed a class of women who were more attracted to their own sex than to the op- posite sex. That was a phase of life which existed, and the book acknowledged the facts and con- sidered the problems, reactions and situations which must arise in consequence of it. The subject was dealt with, he submitted, In a manner which could call for no complaint at all on the ground of Indecency.
No Witnesses,
Mr. Melville said that the writer ind, dealt with the tople with more than ordinary restraint!
I
"There is no question of censor. ship here," he said. "I submit that if the Bench will bear with me In expmining the book it will be suon that it satisfies what has been well said is the distinction between real literature and porno- graphic work."
When Mr. Melville intimated that he did not propose to call witnesses, the Attorney-General spoke to Mr. Rudyard Kipling, who' then left the Court. Bir. William Willcox, the Home Office expert, also left.
Mr. Melville, continuing, said that there was nothing in the book which held.up the normal life of tho married characters to any. thing but the highest admiration.. The book showed the tragedy of the life of Stephen, and with the motive which animated her finally and decisively he eubmitted that it could not be held that the book was depraved. It gravely and re- solutely treated a human problem. It asked not for approbation of an unnatural practice, but for under-
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