A NOISY INSTRUMENT?

Stratford Evening Post, Volume XXXIV, Issue 55, 29 October 1912, Page 7

A NOISY INSTRUMENT?

WHAT IS THE BAGPIPES? The question of whether the bagpipes is a “noisy instrument” was brought up at the Hastings .Magistrate’s Court on Friday last, when Percival Faulkner was charged with wantonly disturbing the inhabitants by using a noisy instrument, to wit, playing bagpipes in Heretaunga Street, Hastings, on the evening of October 12th, 1912. Mr 1). Banks, who appeared for the defendant, pleaded guilty, but stated (says the Tribune) that his client had no intention of creating an annoyance. Mr Banks called attention to the wording of the information, in which the defendant was charged with playing “a noisy instrument,” and said that as a descendant of Caledonia, he looked upon the insinuation as something of an insult. (Laughter.) So far from disturbing the inhabitants, the bagpipes were usually a source of pleasure, and when a band of pipers marched through the streets, as a rule residents felt like running after them with “bawbees.” Sergeant Hogan said that at about 11 o’clock on the Saturday night in question, the constables on duty saw two young fellows in a trap playing bagpipes opposite one of the business premises. They were apparently under the influence of liquor, and after being cautioned by the police, drove up the street and commenced playing again. Later they returned, and when passing the constables, called out: “Catch us if you can.” Again they played up the street. Mr McCarthy, S.M. (who was on the Bench): What would you say if a whole pipe band was playing in the street—marching to the Caledonian Sports, for instance.

Sergeant Hogan: It would depend upon whether they were (drunk or sober, your Worship. Air E. H. Williams: This would be no offence in Dunedin. (Laughter). Mr Banks: Sergeant Hogan bong an Irishman, no doubt he does not appreciate the bagpipes. Air McCarthy: But there are other pipes—Irish pipes. Air Banks: Oh, yes, but they arc different. Air AlcCarthy: There would fie an offence if the defendant obstructed the footpath or roadway, but how arc you going to escape prosecuting a band which is part of the King’s territorials P Sergeant Hogan said he did not press for a conviction. Air AlcCarthy: The defendant hue pleaded guilty, but if the point i; ever contested again, I would be sorry to say that the bagpipes is a noisy instrument in the terms of tire section under which the information is laid. You could have got them for obstruction. Mr Williams said he hoped his Worship’s decision would not be taken at a precedent in future cases of the kind. The defendant was convicted and discharged.