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"Angry Penguin" Case
Continues
BEFORE MR L. E. CLARKE S.M.:-
BEFORE MR. L. E. CLARKE. S.M.:-
That the effect of the Ern Mahey
Poems on the average person would be
one of bewilderment was the opinion
the defence when the case was resumed
HCa"lsda>studentWhlCb MaxweU Hcnic
Glandore. was cbarsred with navlng'sold
Sen 7edd ma:Terel'v; o "dtheCerit!£ *SSSS
number ot "Angry Penguins.?? which tea
tv mI Tll. ??uKS. ?o f f S?BWSfSw
DeMarrtr n p h ipPprs?Sa e p P e.'red for the d.fen
dant. who denied that in June, thi? year
Mart La." %Hk "p^?/ and "'N^n
£?k\^i>y%^?r**
1 Have Never Spoken of Your Nakedness.
rThe Le S end oftbe Littl. Death/ -Th
1 Journey North. -Mvfe'.f and the Ne?
Yesr. 1944" respectively, all publishe
lin the 1944 autumn number o! "Angr
I Penguins." contrary m provision? or rhe
I Police Act.
I Co-Edit?r In Bon
Co-*-dilor 01 "Anerv Prnsuins." Joi
I Reed, solicitor, of TtmpMoir roari
I Heidelberg. Victoria. Rave evidence -.ha
I hi: W4> particularly Interested in the re
Ht had been activolv associated with ar
:ii Melbourne in that he was a rounda
;ion council member as well ?s hon. sec
rctary or :ht Contcmporar}' Arts Societ
01 Australia. '
? Heed said that be first got in
with Harris in Melbourne during 1942.
It was subsequently suggested tha. "Angry
Penguin*" be enlarged to include an an
section and thai he (Reed, be editor of
that _*ecL_on. S_:l: later, alter further,
correspondence, ihe witness .aid thai hr |
a?recd lo join with Harri> as editors ol I
"AU...-V P_-_sn.n_s." which had never Bern I
Thouphi ol a* commercial proposition.
The fundamental objectivp before the
editors was to provide a channel nl ex
i pre.v.ion lor creative- artist*. inr_ud:ii*_
writers, tn Australia Ii was their in
tention to caicr lor Ihe creation of :h_ |
activity and there was no _imllar work
in Australia :o .wr. ;he .same piirpo.-e j
in an. "Angry Penguins'* had not beer, j
a payable proposition since the witness
had been associated unji ii* publica
tion The acua] cost ol the autumn
number of -Angry Penguins" was 5 7 a
copy. The copies were send retail _i 5'
each.
Cross-examined by Mr. Williams, the
witness said that he considered himself
io have sufficient _i__J___ca__on_s to depose
on literature as an expert. Asked
whether he regarded the Ern Malley
poems as a great literary work, the wit
ness said that he was afraid be could
not answer tbe question. If he was asked
a.s to a specific poem he might be abie
to answer. Compared with other work
being done in Australia he regarded the
Malley poems published in "Angry Pen
guins" as a great literary work He said
that he understood that Lt. Mc Caw ley
and Cpl. Stewart were responsible for
the authorship of the Em Malley poems.
He knew that they had made a state
ment that those poems were a hoax, but
he would not like to make a final state
ment on whether he believed Lhai or not
He lound it difficult to say whether that
was so or not.
He thought that ihe Ma:i. y poems
were great because thry showed origin-;
ality of thoueht. power in use of j
images, a very suggestive and fvocativ*.
use ol language, and a knowledge and
development of poetic forms. There was
great difficulty, if referring to literal i
meaning, to understand thc Malley i
poems. He would not say that any of
the Malley poems could no; be interpreted:
literally. The witness said tbat i; might
be that something which to the ordinary
] person was sheer nib-iFh. mipht hav. i
j some impact on himself—Shakespeare
i to* instance
1 Cxperi Evidence
Reginald Spencer Ellery. med:ca: prac
titioner, of Pordeham road. Hawthorn.
Victoria, said that he had practised ln
psychiatry for 21 years. His experience
covered all forms of mental illness and
disorder. He would say that the effect
of the Matey poems on the average per
son would be one of bewilderment. The
majority of persons were mentally lazy
and would not interpret them. Those
no*, mentally lazy would come to con
clusion, along the lines of the defendant.
Others again would be sati-fled w:tb an
emotional satisfaction _acb as one gets
Irom listening to music, because the
various sentences ln the poems, so far as
the witness cou.d see, were held together
not by logic so much as the association
of idea-,
Mr. Phillips—That would depend on
the education of the individual? —Yes.
The witness said that the sexual refe
rences in the Malley poems were too in
volved in their meaning to have a direct
sexual effect or appeal to the reader.
The cro-s-examination of the defen
dant was then resumed.
In reply to Mr. William*-. Harris, re
ferring to a classical picture. "The Rape
of the Sabines." said it depicted men
seizing women. He knew the picture,
but knew nothing of the legend tha: the;
follower* of the mythical founder of Rome j
were short of wives and seized a number
of Sabine maidens by guile. He thought
the picture referred to opposite forces
in conflict, not sexual connotation.
The cross-examination of Harris as to
his interpretation of the poems had i.ot
finished when the hearing was _ur_her
adjourned until today.
£60 Fine For BookmaJrinf- —On a
i charge of having carried on business
as a bookmaker at his home on August
119, Hera.and. Richard John Brodie, a one
l. legged man. of Green street. St. Morris,
Iwas fined £60. with £2 12/ costs.
J Mr. J. L. Travers appeared for .he
'defendant, who pleaded guilty.
Mr. L. D. Hunk in, of the Crown Law
'Department, who prosecuted, said ;hat
j about 3.30 p.m. on August 19. Police
Inspector Duthie and PCCTs Jefferson and
.Loughhead visited thc defendant's home.
The officers received no reply to their
knocking and were in the act of forc
ing a rear door when lt was opened by
the defendant- On entering the offi
cers found paper burning & a. wood
copper, a bathheater. and a stove in
the kitchen. One partly burned piece
of paper was salvaged, and on it was
written the names of horses placed in
races in Melbourne and Adelaide ih _t
day up to the time of the raid. While
the police were present in the house the
|telephone tang on several occasions. The
I police answered each call, and on one
occasion a voice said, "I have phoned
you twice and your voice does net sound
right." The caller then made a £51
bet on a horse called Londoner with the
police efficer.
En-ome Tax Breach.—Admitting That
he had failed to deduct money for in
come tax stamps from the wages of two j
employes. Norman Randolph Palliser Hec-1
tor, floor Mirfacer, of Park street. Hyde;
Park, was fined £20. with. 10/ costs. In
addition, the defendant was ordered to
pav £1 to the Taxation Department, te-
Ini the amount which should have been
d-ducted from the wages of the tm
ployes.
Mr. E. A. Genders represented the de- ]
frndant. who was charged with having;
about October 29 la.t year, failed to ce
duct 10/ for taxation from the waees or
(Howard Swain. Junior, and about May 19
i this rear failed to deduct 9/3 for t.or__-
Iticn from the wages cf Bryant William!
I £h?*oherds.?n. j
I Mr. F. R. Calender, of the Taxation]
iDepartment, who prosecuted, said th _t
las th? result of the defendant failing,
itc dPduct Tor tax stamps one employe
iwas £10 in arrears with hi* income tax!
ipavmen_s. while another had to pay £6i
or £7 to make ud his taxation.
Mr. Genders said that thc defendant
was short hand.d in staff and thought
that the emnloye. would purchase "-he
tax sJamns themselves.
IJEFOPF MR. ?FO. ZIESING. -_M.:—
Ct.n_mH.e-1 F?r Trial.—A married man.
whos* name was suppressed from publi
cation. w??s committed for trip! on two
counts of incest. A third charge of
h?>vine attempted to commit a similar
offence was dismiss*^.
*p?:i?Tanf Police Prosecutor Dar.es pro
secuted.
Mr. A. J. Kinnane *mneared for the
defpndppt. who was jrrantPd bail.
Wirel*** OfTeneet..—B*in__ the holder of
a broadenst listener's licence which he
did not intend to renew and failed to
notifv th* senior radio Inspector for SA
accordinaly within seven davs after its
cxplrv on Mar 17. Clarence Richards, of
ippmmn nd mud. Flndon. was fined 5/.
jwith 10/ costs.
I For n"? harln_ h?d a current listener's
! licence for his wireless set. Albert L?? ib
jhardt of K?ns*n*ton ro.d. Marrvatville.
iwa?. fined CI 10'. with 10/ costs.
Roth case* were heard ex parte.
Wireless Inspector J. Beare prosecu
trd.
$