THE PEACEFUL PENINSULA.

NZ Truth, Issue 300, 25 March 1911, Page 5

THE PEACEFUL PENINSULA.

FARMERS FACTION FIGHTS. The Amenities of the Youngs and Nyhons. Hits on Highcliffe Highway— Broad Bay Benedictions— Friendly Fencing Notices— The "Blanky Irish"— The "Hangman's Relations" — Charges and Counter Charges — Fierce Farmers' Feud— Decisions Reserved.

That part of Dunedin district known as the Peninsula seems to be a nice, peaceful spot, inhabited by kindly farmers and cockies, who obey the scriptural injunction to love one another as themselves, never indulge m the deadly sins of violence and bad language indulged m by the wicked city people who know no better. The peaceful peninsula had a noble tribute paid to its holy calm on Monday last-, when about x six cockies, four of them belonging to one family, and two belonging to another, brought along a large heap of petty little quarrels to be dealt with by Mr Bartholomew, S.M., at the Dunedin Magistrate's Court. The two families were, first the Nyhons, represented by two brothers, James Joseph and Daniel, and second, Daivid Young and his beautiful brood of tliree sons. The Youngs brought no less tlian three charges against James Joseph, namely,, (l) Obscene language at Highclift'e on February 7, (2) assault at Broad Bay on January 12, and (3) provoking language at Sandymount on December 10. THE NYHONS RETALIATED with two charges against . John Young, one of old man Young's sons, namely, (1) Obscene language at Burnside cattle yards on January 25, and (2) insulting language at Sandymount on February 18. Lawyer J. McGregor led the Young faction, and Lawyer Hanlon led that of the Nyhons, and the legal battle lasted all day, and was not finished then. The Higholifl'e case, where James Nyhon was charged with using "profane, obscene, and indecent language" on the road m front of the school, was taken first. James pleaded not guilty. Mr-Mcgregor said the charge Was one of; a series between the Youngs and Nyhon. There would be different evidence given m each case, so he was afraid -the cases would have to be heard separately. His Worship would, m all probability, find it advisable not to give a decision, m any of them until he heard the lot. John Young said he was a farmer at Sandymount, about five miles from Highclifte school, and four miles from James's place. James's brother Dan had a farm adjoining witness's fai'm. Witness and his brothers, Joseph and David, were all interested m witness's farm. On February 7, when he was driving home from Dunedin, he met James by the Highcliffe school driving some sheep. Witness's brother, William, was with him. When he met James he "did not say a word, but went to the side of the road and picked up a handful of ' stones, and after calling witness a , started pelting them with the stones. One hit witness on the hat, and another on the hip. Witness drove away, so James mounted his horse and RESUMED HIS BOMBARDMENT from that point of vantage. He a lso nourished a knife, and cried out, "You : , I'll kill yon."" James next produced his stock-whip and flourished it, so witness jumped out of his cart. When James saw this, he left suddenly. Previously to this, witness had occasion sto send James a solicitor's letter over certain oc- ! currences on September 7 last, but James made no reference to it on that occasion. To 1 Lawyer Hanlon : He and James had not been friendly for four months. There had been no actual quarrel beyond cursing one another. James' s brother, Dan, and he had a quarrel. On one occasion, when witness was driving the cows home, he met J ames, who let fly with a stone at him, but missed. Witness had a handful pf stones for throwing at the cows, so he let James have one m return. At Port Chalmers witness did not' say he would drive a hayfork into James's " ; — guts." James tried to take the fork away. Never thought of using; bad language to James' in reply. William Young, a lanky youth, a brother of John, said he lived with his brothers, and gave corroborative evidence. Donald Gunn, another farmer, gave evidence as to James having regretted that he did not smash and, double John's classic countenance. This was John's side of the story. Lawyer Hanlon said that John and his brothers were not the innocents they pretended to be, and could use a bit of slanguage themselves. The parties were always quarrelling among 1 themselves. James Joseph Nyhon said that he had a farm on .the Peninsula, and there was a considerable amount of bad feeling between him and the Youngs. Witness denied any language to John on the date m question, but admitted striking him twice with stones and following him. When witness met John, the latter pulled out a stick and handed the reins to his brother. Witness added, "he was ready."' To Lawyer McGregor : Witness admitted being charged with using bad language on a previous occasion at Sandymount, before Mr Widdowson, S.M., at Port Chalmers. William Raynbird, farmer, at Broad Bay, said he knew both James and John. On the date m question he was m a paddock close to the scene of the row. The Youngs were coining along the road m the trap, and Nyphon was driving some sheep. The Youngs drove right through the sheep, and witness thought that they must have. driven over soiie of them. Witness saw Nyhon pick up a stone and throw it, and hit John, and also follow up the trap o n his horse and throw another stone. Witness was close enough to hear if any language was used by James, and he heard none. To Lawyer McGregor : James didn't . FLOURISH A STOCKJWH-IP on the occasion. Witness had known James since they were boys. James did not make a practice oi using-

bad language more than any of them. Lawyer McGregor wanted to go further into James's swearing habits but Lawyer Hanlon objected, and the court upheld the objection. William Wright, farmer at NorthEast Harbor, said he was with Mr Raynbird on the day of the battle. He saw James throw the stones, and John and his brother drive away. Witness was about a chain arid a half away at the time, and heard no language used by James. If James had used it, witness would have heard it. To Lawyer McGregor : Witness asked James what the trouble was, and he said, "Oh, just the usual.'-'' James didn't use a stock-whip. Mr McGregor said he proposed to call the constable to give evidence as to the conversation which took place when the summons was served m the former case at Port Chalmers. Lawyer Hanlon objected, as it had nothing to do with the present charge. ■ i . The S.M. .upheld the objection. In view of the evidence called for the defence, he would dismiss the case. James was then charged that he did assault one David Young at Broad Bay on January 12, and as such conduct was likely to continue, it was requested that James be bound over to keep the peace. Broad Bay is a fashionable resort of Dunedin's bloated aristocracy, and Lawyer Hanlon keeps his large motor boat, the "Inisfree," and yachting uniform there. David Young said he was a farmer at Broad Bay, and father of John and the other Youngs. On January 12 (Thursday) at Broad Bay jetty, witness was waiting for the steamer from portobello. Witness was speaking to Messrs Scott and Vigors at the time when James came along. James had a Parcel m his hand, and he put it down and buttoned up 'bis coat and came • forward and said to him, "You struck my horse." Witness denied it, and James repeated the allegation twice more, and then CAUGHT WITNESS BY THE THROAT. Messrs Vigors and Scott sho.ved him off, and James then said, "It's your age that saves you, or I would kill you, you dirty cur." Witness then left by the boat for Dunedin. To Lawyer Hanlon : James didn't accuse witness of trying to poke the eye of his horse out with a stick. If Mr Scott said that he did, it might have been so. Witness had assaulted people on previous occasions, but wanted to knew how far back Lawyer Hanlon wanted to go. He stated the first one was 25 years ago ; he hadn't assaulted anyone during the.* last five years. Neither witness nor his family, "nor the whole countryside'^ had any time for James. Raynbird • followed James about all over the country, and perjured himself over a previous case. There was no necessity for binding witness and his sons over to keep the peace. Re-examined : On a subsequent day, Nyhon followed witness about with a shojllaieagh. Lawyer Hanlon said that Nyhon admitted part of the evidence. On December 10 last, Young, sen., had poked Nyhon's horse with a stick m the eye. It was a peculiar thing that Mr Vigor had not been .called to give evidence where there was a conflict of testimony. The assault was a trivial one. James, m evidence, said the day of the happening was January 19. It was the first time witness had seen old man Young since he had tried to poke witness's horse's eye out with a stick when he was serving a fencing notice. Witness went up to David, sen., asked him why he tried- to poke the horse m the eye, and Dawid, m reply, wanted to know why the steed was tied up to his fence, and denied striking the horse, and told witness he had done it himself and tried to blame it on him. Witness told David m future not to vent his spite on dumb animals. The other gentlemen then interfered, and witness told them not to meddle with strife that did not concern them. Witness denied that he caught David by the throat. To Lawyer McGregor : He may ha-ve touched David about the throat but couldn't say for sure. Daniel Ny-hon, farmer, brother of James, said he saw the row at the jetty. James put his hand out to old man Young, and one of the , gentlemen talking to David interfered, and was told to mind his own business. James didn't grab the old man by the throat. The SJ£. said he would reserve his decision till he heard the further case. James was then further charged that on December 10, at Sandymount, he used provoking language to John Young, and as a repetition of such language might cause a fracture of the peace, it was again asked that James bo bound over to keep the peace. Lawyer Hanlon objected to the methods of the complainants m holding - over the summons lor three ■months. He did not think it was fair to go on with the case, as defendaal '<? witnesses were not available. Lawyer McGregor explained that when the offence took place, he advised the complainant to try the effect of ■ • ■ — - A LETTER OF WARNING on James. The letter stated that any repetition of the offence would cause the present case to be gone on with, hence the delay. The S.M. accepted the explanation. John Young said he and. his brothers and his father were engaged m thinning turnips on the date m question, when James and his brother Dnn cajcae along- across witness's property. Dan abruptly asked who the property belonged to, and witness told him if he had a shilling- he could (md out at the Lands Oilico, and also added "folk like you shouldn't come on to people's property." James then got wild and

gritted his teeth, and waved his arms, and told witness to shut his mouth. AVitness's father warned him to clear out, as they weren't looking for fight, and told him that Tommy Geary, who lived handy, would ac- . commodate him. James then got more mad, and called them murderers and hangmen, and other pet names, and went on like a lunatic. When James quietened down, he said he wanted them to fence their boundary, and witness said that they would if James would show them the line. Witness was away fishing when James returned m the afternoon. David Young, junior, who was giving a hand at the turnips, also said that James used awful language. He called them "a breed of hangmen and murderers."' James was then going to serve them with a fencing notice, but he found he had left rfc at home, and so he went for it. He returned later with the notice, when only witness and Ms brother Josuph were there, and tried to serve the notice. Afterwards, when witness was driving the cows home, James drew his attention to his horse, which had a cu^ over the eye, which looked as if it had been done by a barbed-wire fence where the horse was tried to, and reckoned that, witness's brother had done it with a stone. James did some more tall I cursing over the horse's eye. Another of the Youngs, Joseph to wit, who was present, when the Nyhons blew along, also reckoned that James called them various assorted names, and also balled the Gearys Maori blanks. A. few days later, when witness was on his way to Dunedin, he met James, and James said that his brother John had tried to poke the eye of has horse out with a stick. Witness told James that John could not . have done it as he was away fishing at the time. Old man David Young said that 1 the reason ,wfay he told James to go over to Geary's if he was look-frig for fight, was that at one time Dam Nyhon got a hiding from one of the Gearys. To Lawyer Hanlon : John was not insulting when he told James, to spend is at the Lands Office. John asked James why he was sneaking about the place, but didn't accuse' him of trying to steal things. When James cursed they didn't answer him.' i ■ James Joseph, for his own side, said that Joim Young sent him and his brother notice to keep their sheep at home, and there was no . boundary fence. Witness and his brother went;, over to Young's place to see about fencing, and as they passed . the house the Young women started "boo-hooing" at them, and when they got up to the men, whq were weeding, John asked them wbat they were sneaking about the place for. The eldest brother was reasonable, •but John kept on abusing, and threatened to hit , them over the head with the hoe and put a charge of shot into them.. Then both sides started BAKING OV.ER ONE ANOTHER'S CHARACTERS. Witness told the Youngs that none of his people had been paid to hang people, and that his aunt had never been tried for murdering her . The Youngs called him an Irish. and a green m reply, and things went on "right royally-" Then the Youngs had enough, and took a back seat, and witness went home to get the notice. Oa his return with it, the Youngs cleared out, and he and his brother followed, and whilst they were away, the old man Young went to woere witness's horse was tied to the post beside the gate and poked it m the eye with a stick, and broke the bridle. An artery at the side of the eye was severed and the wound was streaming < with blood. Later on, witness told David what his oM man had done. The old man wasn'^b fishing, but was , m the house when witness came up to the house aaid had a row with the women. Witness offered to fight the whole five of them to avenge the horse. Daniel Nyhon gave evidence as to going over with Ms brother to^ see about the fencing. When witness spoke to the Youngs, John accused them of sneaking about. Witness asked for the responsible owner of the property, and the old man told him that was a question. Witness then addressed himself to Joseph, who was the oldest, and suggested that both parties should erect a fence. The Youngs took it very badly, and the old man said they didn't need to put up a fence for the accommodation of witness's sheep, but for his own caittle, and told him his sheep needed a feed. All this time the Youngs were getting wild and using strong expressions. The S.M. decided to hold this case over also. The second chapter of the amenities between the Nyhons and the Youngs came on when the parties reversed positions, and John Young was charged, on the information of James Joseph, with having, on January 18, used insulting and abusive language at Sandymount within tire hearing of the passers by, whereby a breach oH the peace was occasioned. Lawyer Hanlon said that he did not propose to call any evidence m this case, as the facts m it arose out of the same set of facts which had been heard m the case before Mr Wrddowson, S.M., at Port Chalmers. The case was, therefore, withdrawn. . v John was then further charged with having used obscene language m a public place, the Burnside cattle yards, on January 25. Lawyer McGregor asked for/ an adjournment, as his client had only been served with the summons on Saturday. Lawyer Hanlon did not object, so the S.M. adjourned the case till Friday. The decisions on all the cases were held over till that date.