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Is a golfer a gentleman? A word of warning! |
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Written by TheMorrisMen
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Friday, 25 August 2006 |
From the outset, and to avoid any backlash from the fairer sex, I’d like to point out that this article relates to an incident that took place in 1925, long before the days of political correctness. The assumption that all golfers were men is something I cannot remedy and I can only report on events that took place at that time.
The intriguing thing about law is that it sets precedents for future generations. As far as I know, the judgement in one particular case that came before the courts, all those decades ago, still stands true today. The case was considered in the English courts, so whilst playing on home turf, you might be okay, but if you venture across ‘the pond’ and take in a few rounds … well, you have been warned!
Having driven his golf ball into a quarry alongside the 12th hole at the Mullion golf course in Cornwall, (England’s most southerly), Albert Haddock was determined to play his ball from the hazard, come what may. His first attempt, a sweet shot though it was, caught the top edge of the cliff face and fell back to his feet. Undeterred, he had another attempt, and then another … in fact over fifty in all, during which time his ball became battered beyond recognition, whilst a small group of onlookers had gathered to witness his antics, including the club captain who had been in the following group. Oblivious to everything and everyone around him, and single-minded in his determination to beat the hazard, (we’ve all been there), his language turned increasingly blue with each failed attempt. In all, Albert Haddock was heard to swear over two hundred times.
Now unless a particular Act of Parliament is repealed, it remains on the statute books forever. The Profane Oaths Act of 1745 was one such example and the poor Mr. Haddock found himself in front of the judge because of this. That particular Act lays out a set of fixed penalties, ranging from low to high depending on your status in society, the heaviest reserved for ‘gentlemen’ who should know better. Universally acknowledged as a game for gentlemen, Mr. Haddock was now facing the prospect of the maximum penalty, times two hundred, a sum which would have ruined him for life. His only hope was to dispel the assumption.
His lawyer came up with an ingenious defense, arguing that golf was a game of ‘intolerable provocation’ and, as such, should legally excuse behavior that is not otherwise excusable. Men, who would face torture without a word, become blasphemous on the course, the judge quoted. As a golfer himself, the judge had a lot of sympathy with this argument but was not able to accept it. Although he didn’t dismiss the case outright, he did Mr. Haddock a favour by finding him guilty under a different Act, that of ‘attempted suicide whilst temporarily insane’.
Albert Haddock had indeed been fortunate. He had been able to leave the court without a fine and without a stain on his character. The infamous Chasm hole at Mullion no longer exists, lost to sea erosion, but the law remains unaltered and is patiently waiting for yet another offender! So be careful who might be listening in when that little white ball next gets the better of you.
© Stephen Mitchell www.themorrismen.com
(Acknowledgement: Misleading Cases in The Common Law 1927) |
