IS PROFANITY LEGALLY EXCUSABLE?

New Zealand Herald, Volume XL, Issue 12317, 8 July 1903, Page 5

IS PROFANITY LEGALLY EXCUSABLE?

AN INTERESTING POINT.

[FIT TELEGRAPH.— CORRESPONDENT.] ! , . Christchurch, Tuesday. , Is profanity legally excusable? " According i .to a decision given by Mr. Haselden, S.M., ; at the Magistrate's Court to-day, there are occasions when it is, and one of these occasions is when one' is . knocked down by a cyclist. In the case in question, Thos. ; Holford;-' stated to be 70 years of age, was charged by Mr. 0. F. Bourne, headmaster of Christ's College, with using profane language in Hagley Park. Mr. Bourne stated i that early in the evening, about a fortnight I ago, " he' went for a bicycle ride across the park. He had a good light on his bicycle. When some little distance from the entrance gate he' saw someone coming, and the man appeared to deliberately walk into him. He was thrown off the bicycle ; avid the man was knocked down. He was riding about nine or 10 miles ah hour at the time. The man started to abuse him first of all, end then started to swear at him, several times consigning his spirit to the infernal regions. The man was so engrossed with his oratory that he Was knocked down by a second cyclist. The mail at the time was standing "on the track used by cyclists, and was walking along the track when he was first knocked down. Mr. Harper, for the defendant, did not call evidence, but submitted that the proiaue language spoken of in the section did not refer to "swear words," which were rapped out in the heat of the moment. Swearing had been made a special crime by an Act of George 11., not in force in the colony, which made swearing by any person punishable, according to a sliding scale, ranging from Is fine for a common seaman, to 5s for a gentleman. His Worship caid he thought it would bo unduly straining the law, and would lead to mischievous and extraordinary results, if he were tc hold that under the circumstances, the defendant was guilty of using profane, language. If a man ran into me," continued Mr. Haselden, " and hurt me very much indeed, and I. forgot my Selfrespect and dignity, as , a man was likely to do when suffering from great pain, and I used such language as thai complained of, X should consider it would be ; adding insult to injury for a cyclist to lay an information against me for using profane language." The information would have to he laid under a different section. The case would be dismissed.