Morris Garstenfeld repeatedly greeted a Brooklyn neighbor “by placing the end of his thumb against the tip of his nose, at the same time extending and wiggling the fingers of his hand.” Is this disorderly conduct? That question fell to Kings County Judge J. Roy in 1915.
“What meaning is intended to be conveyed by the above-described pantomime?” Roy mused. “Is it a friendly or an unfriendly action; a compliment or an insult? Is it a direct invitation to fight, or is it likely to provoke a fight?”
He declared that the gesture is well known among boys, and that it should be abandoned by men. In Garstenfeld’s case, the “nasal and digit drama” tended “to show a design to engender strife,” and the fact that Garstenfeld had done it repeatedly showed that he meant to annoy his victim “to the limit of patient endurance.” He affirmed Garstenfeld’s conviction.