A FARMER'S FEUD.

Otago Witness, Issue 2975, 22 March 1911, Page 38

A FARMER'S FEUD.

A SERIES OF CHARGES

. A good deal of time was occupied in the City Police Court on Monday before Mr J. R, Bartholomew, S.M., in hearing a number of changes of abusive and indecent language and .assault against James Joseph Nyhon, farmer, of Highcliff, on the one side and John Young, farmer, Sandymount, on the other side. All the chaiges have arisen out of a number of quarrels which have taken place betwen the parties. James Josaph ISiyhon was charged with using, on February 7, indecent and obscene language on the High road, near the Higholitr School. Mr Hanlon appeared for defendant, and Mr J. MacGregor appeared for complainant (John Young). Mr" MacGregor said this case was one of a series between the same parties. John Young said that on February 7 he was driving home from Dunedin with his brother, and while near the Highcliff School they met James Nyhon. When they got near Nyhon he picked up stones and pelted them at witness and his brother, and also used very abusive language. He followed them for some distance, and after threatening them with a knife drew a stockwhip and threatened "to use that. He desisted only when witness descended from the ©art in self-defence. William Young and Donald Guhn also gave evidence. Mr Hanlon stated that it was true that Nyhon had thrown stones, but no bad language had benn used,. It was evident that a good deal of feeling existed, and where that wa» the oase there was likely to be trouble, but as far as the present charge of bad language was concerned it was only a concoction on the part of the two Youngs. Defendant in his account of the occurrence denied using any bad language to complainant, but admitted having struck him twice with stones. William Raynbird, farmer at Broad Bay, stated that when the Youngs came along in their spring-cart tney drove right through the flock of sheep which Nyhon was driving. He saw Nyhon throw a couple of stones, but was sure that no bad language was used. He did not see Nyhon flourishing his stockwhip. William Wright, rsorth-East Harbour, who was in company with Raynbird on the occasion referred to, also gave evidence. The Magistrate stated that the case for the prosecution was only supported by the evidence of John and William Young, who both had a very strong f©slung in the matter. The case would be* dismissed. James Joseph Nyhon was then charged with, on January 12, assaulting David Young, senior, Who asked that he he bound over to keep the peace. Complainant said that on January 12 he was waiting .at the Broad Bay jetty for a boat to take him to town. With him were Mr W. Scott and Mr W. B. Vigors. James Nyhon was walking along the road, and when he got near witness he threw down a barrel which he was carrying, and, buttoning up his coat, came forward and. accused witness of striking his horse. Witness denied having done so, but Nyhon caught hold of him by the throat, whereupon Mr Vigors and Mr Scott warned him to be oarefui. In answer to Mr Hardon, he. said that Nyhon said nothing about poking the horse's eye out with a stick. He had not been in the habit of assaulting people. Mr Hanlon said that defendant admitted that part of Young's story was true. He did put out his hand and shake his fist but he soarcely believed that he had touched him. Defendant said that he went up to Young and asked him why he had struck his horse and tried to put his eye out. Young replied, " Why was your horse tied up to my fence V Ho had not struck Young, but bad threatened him. David Nyhon said that he eaw his brother meet Young and heard him threaten him, but he did not catch him by the throat. He only pushed his hand out towards him. His Worship said that as there were some further cases between these parties he would reserve his decision until these were heard. James Joseph Nyhon was then charged with using provoking and insulting language at Sandymount on December 10, 1910, to John Young, who asked that he be ordered to keep the peace. John Young (complainant) said that on December 10, Daniel and James Nyhon went over to him while he was working in a field with Ids two brothers. His father was also standing talking to them. Daniel Nyhon came down and asked them whose property it was. In reply, witness tokd Nyhon that folks like himself should not go on people's property. Then James Nyhon became excited and took up a threatening attitude. Witness's father said to him, "If you want to fight go over and fight your neighbours, the Geareys." Defendant only became more excited, frothing at the imouth, and showered abuse on them for five minutes. David Young, jun., in giving corroborative evidence, stated that defendant went back a second time with a fencing notice and tied his horse to Young's fence. Later in the day Nyhon met him, and, pointing to a scar on the horse's head, said, " Look what your brother has done. I saw him throw the stone." Evidence was also given by Joseph Young and David Young, sen. The defendant said that he and his brother, who were both interested in the property adjoining Youngs, received' a notice from John Young to keep their sheep at home or he would be prosecuted. He and his brother went over to Youngs to see if the matter could be amicably settled. When they were going on the field where the three brothers were working one of them sang ©ut, " What do you fellows want sneaking about here." He went forward, and his brother commenced to «speak about the fence. The eldest brother proved amicable, but John Young became excited, and said to witness, "I

will bring the hoe over your head," and "I will put a charge of shot in you." Than they started to abuse each other. Finally he and his brother went home and wrote a notice about the fence and went back with it. Witness had tied his horse to the fence, and when he was goingback he saw David Young, sen., endeavour to poke a. stick into the horse's eye. The ©ye was bleeding and the horse's bridle was broken. He met one of the sons, and showed him what his father had done, but he replied that his father was away fishino- and had been away for an hour. Shortly after that the father, who was supposed to be away fishing, came out of the house and entered into the argument. Daniel Nyhon, brother of defendant, gave evidence as to the visit paid to Youngs. They got very excited when witness and his brother spoke to them about the fencing matter, and commenced a tirade of abuse. The decision in this case was also held ov*r until all the charges are heard. John Young was charged with, on January 18, using abusive language at Sandyrhount whereby a bsoach of the peace might have been occasioned. —Mr Hanlon said he would not offer any evidence in this case as some of the circumstances surrounding it had already been adjudicated on by another magistrate. —The case was withdrawn.

John Young was next charged with using obscene language at the Burnside Cattle Yards on January 25.—Mr MacGregor said ho was not prepared to go on with this ease as the summons had oniy been issued on Saturday last. The case was adiourned till Friday, when the (magistrate will give his decision in the other cases which have been heard.