David de Maus is best known for the many photographs of the Port Chalmers area which survive today. Many are quite magnificent photos of ships of the late 19th century. He is less well known for being the first person tried under a new law in 1890.
The first prosecution that has been taken in the colony under the Offensive Publications Act, which was placed on the Statute Book in the last session of Parliament, was heard before Mr E. H. Carew, R.M., at the Police Court yesterday, when David De Maus, photographer, of Port Chalmers, was charged with, and pleaded guilty to, selling a picture of an indecent nature. The section of the act under which the information was laid provides inter alia that "whoever sells, offers, distributes, or shows any picture or printed or written matter which is of an indecent, immoral, or obscene nature, or which the court shall be satisfied is intended to have an indecent, immoral, or obscene effect, shall, on summary conviction, be liable to a penalty not exceeding £5, or, in the discretion of the court, to imprisonment for any term not exceeding three mouths, with or without hard labour." In this case the picture was of a grossly indecent nature, and what, under the circumstances of its being the first prosecution of the kind, must be considered the substantial penalty of £3 and costs was inflicted by Mr Carew, who described the photograph exhibited to the court as gross and disgusting, but declined to express an opinion, which Chief-detective Henderson requested, as to whether some photographs of the nude, which were also handed up to the bench, were indecent or immoral pictures within the meaning of the act. -Otago Daily Times, 10/3/1893.
SELLING AN INDECENT PICTURE.
A PHOTOGRAPHER CONVICTED.
At the City Police Court yesterday morning, before Mr E. H. Carew, E.M., David De Maus was charged with having, on the 27th February last, at Port Chalmers, sold a certain picture which was of an indecent nature.
Mr Solomon, who appeared on behalf of the defendant, said that in this case the information was laid under an act which had come into force on the 1st January of this year. He had seen the picture, which was the subject of the information, and he was unable to contend that it did not come within the wording of the act. The only thing he could do in the matter, therefore, was to plead guilty for the defendant. It seemed to him it would be quite useless to waste the time of the court in contesting the meaning of the words of the act, for he thought the picture in question clearly came within the words, which were very wide, and he thought, therefore, that the proper course to adopt was to plead guilty. He might say that on the day mentioned in the information a large number of pictures — the number was getting on towards 20 — was sold by Mr De Maus to a man who came into his shop. Whether the man came into the shop accidentally or for a purpose counsel knew not, and perhaps it did not affect the case. One of the pictures sold to the man was the picture on which the information was laid, and he was unable to think that he could successfully contend that it did not come within the words of the act.
His Worship: I must know something of the case, so as to know what penalty to inflict. There may be degrees of culpability in a thing of this sort.
Chief-detective Henderson said that complaints had been made to the police about the defendant selling obscene and indecent photographs, and on that account they sent a person on the 27th of last month to purchase some pictures. One of these was very indecent and obscene, and there was no doubt at all it came within the meaning of the act. The photograph in question was produced.
His Worship: Were there any besides this one?
Chief-detective Henderson said there was only the one, but there were some photographs of naked women (produced).
Mr Solomon said that so far as these photographs were concerned he had gone into the matter, as he understood the information was not laid upon them; but there was distinct authority that such pictures as these did not come within the meaning of the act. With regard to the act itself, he had compared it with the English act, and it certainly seemed to him that the New Zealand act did not carry the case further than the act in England; but he quite agreed that it had not been complied with. There was an act before which, he thought, covered all the ground which was contained in the now one.
His Worship: What section of the act is it brought under?
Chief-detective Henderson: Section 3.
Mr Solomon remarked that the information was precisely the same as the information under the English act.
His Worship: The accused has pleaded guilty, and is convicted on that confession. I must say that if there had been any adequate defence to selling a gross and disgusting photograph like the one produced, and if there was a chance of the case being dismissed, there would certainly be a miscarriage of justice. The accused has made himself liable under the act to a fine not exceeding £5, or, in the discretion of the court, without the option of a fine, to imprisonment for any term not exceeding three months, with or without hard labour. This is the first prosecution under the act, I think — it is the first, at any rate, in Dunedin — and I am not inclined to make the punishment so severe as it otherwise would be, or if there had been a second offence; but I think a substantial penalty should be inflicted. The defendant is fined £3 and costs (15s).
Chief-detective Henderson asked whether his Worship would give an expression of opinion respecting the other pictures.
His Worship did not think it would be right for him to do that. -Otago Daily Times, 10/3/1893.
I am absolutely sure that, after their successful prosecution of David de Maus, the detectives, who had taken on the grave moral risk of handling the photographs in question, destroyed them lest they corrupt men with weaker morals.
Nine years later, David de Maus began making regular court appearances, on the other side of the Bench. He had been elected Mayor of Port Chalmers and automatically became a Justice of the Peace.
MR D. A. DE MAUS
Surprise will be felt at the news of the death of Mr David Alexander De Maus, of Port Chalmers, for he seemed to be as animated as over when he recently attended the function at the Exhibition in Dunedin. He came to New Zealand in 1867 by the ship Caribou and settled in business as a photographer. Being full of activity, he took a lending part in all sorts of things at Port Chalmers. He was made a justice of the peace. He was elected to the Borough Council in 1888, and was made mayor in 1899 and 1904. He served on the Harbor Board and on the School Committee, and held office, in the local rowing, football, cricket, and hockey clubs. Far and wide, he was known as a singer and composer of Scottish humorous songs. In the days that are known Mr De Maus was one of the best known men in his district (story incomplete) -Evening Star, 18/7/1925.
THE LATE MR DE MAUS.
FUNERAL LARGELY ATTENDED.
Port Chalmers lost a pioneer of sterling value in public service by the death of Mr D. A. De Maus. The large number of persons who attended his funeral yesterday afternoon was an eloquent tribute to the esteem in which he had been held by all sections of the community. Ever since his arrival at Port Chalmers in the Caribou in 1867 he took an active interest in the welfare of the community, and his versatility found many avenues of service. His religion was “to help things along.” He served on all the public bodies at Port, Chalmers, and his several terms as Mayor were remarkably successful. Port Chalmers always had an official visit from the Governor when Mr De Maus controlled the municipal activities of the pioneer seaport. Socially he was equally successful, his humorous songs including a noted ditty about the earlier steamers of the Union Steam Ship Company, the Tarawera then being a favourite passenger steamer of the Rod Funnel fleet. Mr De Maus was one of the founders and one of the presidents of the Port, Chalmers Old Identities.
The cortege yesterday included a large number of friends from Dunedin, Mr J. Loudon (chairman of the Otago Harbour Board, of which body Mr De Maus was for several years a member) being amongst the representative men who paid their respect to the memory of a pioneer. The service at the graveside was conducted by the Rev. Mr Roberts. The Antediluvian Order of Buffaloes, of which deceased was a member, was strongly represented, members wearing the regalia of the order. Its impressive burial ritual was conducted by Bro. G. Ward, C.P. -Otago Daily Times, 20/7/1925.
The photograph for which David de Maus was prosecuted can be seen in the Port Chalmers Maritime Museum - and at your moral peril.
Port Chalmers Cemetery.
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