1928-12-22 — Page 5

THE HONGKONG TELEGRAPH,

SATURDAY, DECEMBER 22,

1928.

APPEARING TO-MORNOW.

PENINSULA HOTEL

ROOF GARDEN BALL ROOM

on Sixth Floor,

TEA DANCE DAILY

(Sunday excepted) 4.30 p.m. to 6.30 p.m.

ADMISSION FIFTY CENTS

INCLUDING TEA

Express lifts from Ground Floor THE HONGKONG & SHANGHAI HOTELS, LTD.

VAT 69

Quality

Pells

THIS BRAND hu

Tbeen in the same.

family since its incep- tion, and is quite inde- pendent,

WIM. SANDERSON & SON, FIL Distillare.

CUAL Cafd. 1863.

Sole Agenta

W. R. LOXLEY & CO.

"LA PERLA DEL ORIENTE"

22

Des Vœux Road C.

Yours Truly

bas Stirre

ORIENT CABINET

Christmas Box

of

25 High Grade MANILA CIGARS

"Invencibles'

Imperialce "Perfectos," "Estrellas"

"Ra. Victoria'

Phone C. 1856

О.П. Манжелей

Mlle. Olga Mangelci, premier danseuse, of the "Parisian Revue," Signor Carpi's talented company which will be seen at the 9.20 p.m. performances at the Queen's Theatre from Sunday to Saturday.

"THE WELL OF LONELINESS."

MAGISTRATE FINDS BOOK OBSCENE.

"ORDER IT TO BE DESTROYED."

PROTEST IN COURT.

;ודן

"I confess," said Sir Chartres, "that after reading the book I was surprised at this contention being put forward, and I was not sur prised when, after the adjourn. inent, Mr. Birkett announced that he was not in a position to con- tend any further that this book did not relate to unnatural offences between women in every sense of those words."

Mr. Birkett, however, with Mr Melville, anid Mr. Chartres, urged there was nothing in this book which in any sense outraged de- cency. The subject, counsel said, was denit with with restraint, and that there was nothing in

the book which would induce people to approve of certain practices

Sir Chartres Biron, the Bow-nd nothing which tended to their street Magistrate, has given his glorification..

decision in the enge affecting the novel, "The Well of Loneliness," by Mas Radclyffe Hall. He held

"Obscone" Defined.

Sir, Chartres said that this

that the book was obscene and greatly simplified the issues he had ordered the seized copies to be dato try. atroyed.

"But before I say more," he He heard arguments by 'coun-id, "there seems to be a const Pel when he ruled that the durable misunderstanding about evidence of about 40 witnesses-he meaning of the ward obscene. Iterary, seientide, and medical It is euerested that this book can- men-who wished to express their uni be, described fairly as obscene views on the book, was Inadmis- because in the course of it there xible.

are no filthy words, and it is anid Messrs. Jonathan Cape, Ltd., of to be well written, and should be Bedford-square, and Mr. Leonard regarded na a work of literature, B. Hill, Great Russell-street, re- and, therefore, not a proper sub- presentative of the Pegasus Press, ject for these proceedings. Paris, were summoned to show! I find that the Standard Dic- cause why copies of the novel ionary describes the word obscene (which was banned by order of as 'offensive to chastity, delicacy, the Home Office); sent from or decency .... or offensive to the France, and seized by the authori- moral senses as to excite lustful ties, should not be destroyud. passions."

Mr. Eustace Fulton represented. "Mr. Justice Copo, in the lead- the Director of Publie Prosecu-ing ease of the Queen v. Bickley, tions; Mr. Norman Birkett, K.C., said: 'I think the rest of obscenity appeared for Messrs. Cape, Ltd.; whether the tendency of the and Mr. J. B. Melville, KC, for matter charged is so obscene as to Mr. Hlll.

deprave, and corrupt those whose minds are open to immoral in- fluences."

L

The Court was crowded. Misa Radclyffe Hall was present with a woman friend.

H

Sir Chartres said it was not Sir Chartres Biron said that he without some significance that the had thought it right before com-defendants had not gone into the a dis- ing to a decision to consider the box, but had maintained book in view of the statementalercet allenec.

made to him by counsel for the "The point that the book lo, well defence.

written and, therefore, should not "First of all, one thing is clear," he subjected to these proceedinge he said. "This case does not raises an entirely untenable position," any question of censorship. The he said. "I agree that the book only question for me to decide is has some literary merita, but the whether this book is an obsecne very fact that it is well written can libet according to the common law be no answer to these proceedings, because otherwise. we should be in of this country,"

the preposterous position that the "Before he could order the book most obsceno books would be free to be destroyed-if he came to from stricture. It must appear to that conclusion he had to be

everyone of intelligence that the satisfied it was an obscene ilbel.

belter an obscene book is written the greater the public to whom it is kely to appeal.

The Defence,

It was-epntended at firat by the defence, he said, that the book

་་

"The more palatable the polson," nowhere related to physical mis- he said,, "the more insidious. conduct between women, and that "The substantial question be was put forward very strongly by fore me," he continued, "is Mir. the defence on behalf of the Melville's contention that this publishers.

book as a whole does not define

It was put forward in cross-unusutural practices between wo- examination by Mr. Norman Bir-men and does not glorify them. kett, he said, who tried to make a In considering this question it is! speak somewhat aubtle distinction between what necessary to

he called inverts and perverts, He plainly.

tried to show that the inverta were:

born with certain inclinations.

In consequence of that, an acct-i

•

A Tragedy.

"These unnatural offences which

dent of birth for, which they were are the subject of this book, in-

not responsible, they were forced volve acts which

between men

into companionship with their own would be criminal, and would in-

HUK.

volve acts of the most. horrible, unnatural and dlagusting ob

It was urged by the defence, he scenity. That is a fact that no, said, that that might very cally one can deny.

be misunderstood by a censorious

world, and therefore they should

"Therefore," he said, "if I find

as they were to, be misunderstood.b

be doserving of sympathy, liable in this book that these practices

(Continued on Page 6.)

J

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