A LONG-STANDING FEUD.

Otago Witness, Issue 3103, 3 September 1913, Page 5

A LONG-STANDING FEUD.

TOWNLEY v. NYHON

Some two years ago two residents of the Otago Peninsula occupied the attention of the Supreme Court with their differences, and on the 18th they appeared again before Mr Justice Wilharm and a jury of 12. As previously the plaintiff was William John Townley, farmer and cattle dealer, and toe defendant James Joseph Nyhon, farmer; plaintiff claiming £5Ol for damages resulting from serious injuries sustained through defendant assaulting him. Plaintiff in his statement of claim said that about July 3, when near Shiel Hill, Otago Peninsula, defendant had assaulted and beaten him, and he had thereby sustained severe personal injuries, and had been rendered unable to transact his business, and had incurred expenses for nursing and for surgical and medical expenses. In particular the right eye and the abdomen of plaintiff were seriously injured, and the expense incurred for medical and surgical attendance amounted to £2l. Plaintiff claimed £5Ol damages. Defendant in his statement of defence denied that he had at any time assaulted or beaten plaintiff, and therefore denied that plaintiff had sustained any injuries or been rendered unable to transact business .or had incurred expense as alleged in the statement of claim by reason of any act of bis; that plaintiff had first made an assault upon and injured him, v and would have further assaulted him if he had not defended himself; that he had defended himself, and in doing so had necessarily and unavoidab'y used force, but not more than was reasonable. He denied that it was by reason of his so doing that plaintiff had sustained any of the injuries complained of, or been rendei'ed unable to transact business, or incurred any of the expenses mentioned. Mr Wiii. C. MacGregor appeared for plaintiff, and Mr A. C. Hanlon for defendant.

Mr MacGregor, in opening the case for plaintiff, said that plaintiff was about 65 yearn of age and a cattle dealer, and until recently had a farm on the Peninsula, ffyhon was a sheep fanner down the Peninsula. near Portobello, and was about 45 years of age. The parties had been on bad terms more or less for some years, and about, two years ago Townley had brought an action against Nyhon for slander. Nyhon had resented this and had nursed his feelings for the last two years, and had continued his slander, and waited his chance to get level with Townley. As {lie jury would i}oo Nyhon was a powerful young man, and on the occasion of the assault he had met Townley on a lonely part of the Peninsula road and had assaulted him very seriously. Whore the assault took place was a few hundred yards above the Shiel Hill Hotel. Townley had recently sold his farm near Highcliff, and on July 3 was driving his cart into town with some household articles. He was down below Fitzgerald’s p!aco on the main road. It was a somewhat lonely part of the road, and there was no one on it except one man, who cs,mo up driving a flock of sheep. When Townley got near this man ho pulled to the left hand side and allowed the sheep to pass. The man. who was Nyhon, had been up to that leading his horse, and was walking a few yards in front of it. When he got close to Townley ho was walking towards him with his right hand behind his back. When he got to Townley ho brought his right hand from behind his back and throw a handful of mud and gravel into Townley’s face, and Townley began trying to get it out of his eyes and 'ears. Nyhon invited Townley to get out of his cart, stating that “he would give him more,” and he caught Townley by the waterproof coat and pulled him out of the cart. He then pulled off both his coats and “ waded into ” Townley. Ho then struck Townley once or twice, and then Townley stooped down, and, rushing in to avoid the blows, caught Nyhon round the waist. Then Nyhon, who was much the taller man. began punching Townley on the head, and lie finally got the old man’s head up against the clay bank and bumped it into the bank. Ho was seen doing that. Ho also put his knee several times into Townley’s stomach. The only retort Townley could make was to pick up a handful of mud and throw it at Nyhon. Nyhon repeated the assault by bumping Townley’s head into the bank, and was seen to put his knee up against Townley’s stomach. The natural result of such treatment was that Townley was very badly dazed, and went wandering about looking for his cart. He then heard someone calling out somctlung about “ big coward.” and he saw a man whose place overlooked this locality, and sung out to him, “ Did you see that. Bone?” and the man replied, “ That’s all right Bill.” Townley tried to climb into his cart, but could not do that with his coat on, and he took his coat off, climbed in. and started to drive towards town. A little later ho was met by a neighbour just as he was collapsing. This man got him in his arms, and took him to the ground, where lie vomited blood. Then Nyhon came along, and pretended to be astonished. They took him down to the Shiel Hill Hotel, aind an ambulance was sent for, and Townley was conveyed to the Chalet Hospital. It was doubtful whether he would ever be right. Nyhon kept his counsel all this time. lie die! not suggest that he was the cause of these injuries or that he.had attacked Townley or rhat Townley had attacked him. He eventually disappeared on his horse down the Peninsula. The results of the accident were that Townley was a week in the hospital. A stone fell out of h : s ear there, and some of his internal organs were affeett-d. and ho would never be the same. Since the assault Nyhon had given two persons a different account altogether of tha occurrence. He said that Townley had fallen out of his cart, but he would have an opportuntiy of explaining that when called on to give evidence. He had also said that the troub'es Townley suffered from wore the result of rupture. Possibly some people would be produced who were hiding behind a hedge or inside a barn, but nobody saw them. Counsel, in conclusion, submitted that the damages should be heavy. Evidence was given by the plaintiff (William. John Townley), Andrew Bone (news agent). Dr Linden. Thomas Prydo (dairyman), Robert Black (farmer). John Glenn Donaldson (dairy farmer!, and Daniel Berry (bailiff). Mr Hanlon, in opening the defence, said that the jury would see from the medical evidence that the whole story was a grossly exaggerated one and that there did not seem to he a great deal ir. the case at all. It might reasonably have been hoard before a magistrate, who could have awarded damages. This matter happened on July 3, and plaintiff did not know

whether he was ever going to be better. He suffered pain, But " diet not know how much he owed his doctor, and was in a hurry to get at Nyhon’s pockets. After all that had Been said it was surprising that no criminal proceedings had been taken, but Townley did not want that.. He wanted to got £500; if not, as much as the jury was disposed to give him. Generally when a man consulted a solicitor the solicitor said, “Very well, if this man has assaulted you it is only right that I should write a letter to him holding him responsible for the injury, and if he comes up to see me well and good, and we can settle terms, but if ho does not do that we will issue a writ.” But it was never thought necessary to write a letter to defendant to ask him whether he was prepared to meet the plaintiff. They had simply waited until Townley came out of the hospital, and before ho could get better they issued a writ, so that they would be able to say “There is no telling when he will bo well.” They wanted to' get money. Defendant and another man named Eddy, who was there, would be called -to say what happened. No one but tlie two combatants and Eddy had seen the commencement of the row. Even Bone did not see the beginning of it. Nyhon would tell the jury that he had not assaulted or beaten this man, and that he was not suffering injuries as- the result of the assault. He would say further that on the occasion complained of plaintiff first made an assault upon him, and would have committed a further assault if he (Nyhon) had not defended himself. Nyhon said that he was on the road driving sheep when Townley came along" driving a trap. Nyhon was leading his own horse. There was bad blood between those two men, who were enemies. As Nyhon had said to the bailiff when served with the writ, ho (Townley) was always insulting him, calling him names and spitting at him. When they came together Nyhon, who was walking, was struck over the face by the lash of the whip by Townley. The whip that had bunn produced was not the whip used at all. It was an ordinary whip ith an ordinary handle and lash to it. When Nyhon was passing Townley swung the whip round and hit Nyhon over the face, saying “Take that.” Nyhon replied that he (Townley) was a low-bred dog and that if ho was a man ho would punch him. Upon that Townley jumped down and, grabbing a handful of stones and dirt, threw it in Nyhon’s face, and made at him with the whip in his hand and struck him with the handle. Nyhon caught Townley and pushed him up against the bank. He (counsel) did not suppose Nyhon was handling Townley like a lady. He jammed him up against the bank, and while he had him there he made him say that if he was allowed to go there would be no more about it. Nyhon let Townley go, and directly lie set Townley free Townley wanted to x-e----iicw the trouble. He tried to drag Nyhon’s coat down over his elbows, so that he could pummel him as much as ho liked. Nyhon got one arm free, caught Townley and again pushed him up against the bank. He afterwards allowed him to go, and then w r ent away and saw' Eddy, whom he asked if ho had seen what had occurred. He also went to a house, and asked the people there if they had seen it. Townley went the opposite way When Nyhon went , down the road he met Black, and he then w'ent as far as Bone’s house. From what Black told Nyhon he had reason to believe that Townley had fallen out of the cart. The fact of the matter was that Townley was out for money, and wanted to get it before he got better. Evidence was given by defendant, James Joseph Nyhon, and Edward Eddy, hotel porter. PLAINTIFF RECOVERS £2OO.

The action in which William John Townley sought to recover from James Joseph Nyhon £5Ol, damages for assault, again came before his Honor Mr Justice Williams and a Jury of 12 on the 19th inst. On the case being resumed at 10.30 a.m. Dr Colquhoun was called to give evidence ojj behalf of plaintiff, after which the jury expressed a wish to inspect the locality when? the assault was alleged to have taken place. The court was then in consequence adjourned till 2 p.ra., the jury being conveyed to Shiel Hill in a drag. Mr Hanlon then addressed the jury, and said that it was for it to say where the truth lay in connection with the case. Both the story of the assault and the injuries received had boon very grossly exaggerated, and the jury must bo forced to the conclusion that Townley had not told the truth, because if ho had received the treatment he said he received there would have been marks upon him when the doctor examined him at the Chalet Hospital. Ho (counsel) suggested that it was impossible for a man even six feet high to pull a man out of a oart in which lie was sitting. The jury could not believe that Townlov had told the truth with regard to the assault, and if he had not told the truth with regard to that it was not likely that ho had told the truth as to who had committed the assault. Counsel went on to refer to the fact that Townley might have received his injuries without Nyhon being the cause of 'them. The probabilities were that if the matter had been allowed to stand over for a little while Townley would have been quite well. Mr Hanlon then went on to review the evidence, and referred to the action of Nyhon after the assault, in going about to see if anyone had witnessed the affair, as being quite unlike the actions of a wuilty man.

Mr MacGregor said the jury would have to believe the story told by plaintiff or by defendant, and it was evident that one of them had committecd rank perjury. It was for the plaintiff to prove his case, and he (counsel) contended that he had proved it by clear and uncontradicted evidence. The five witnesses, outside Townley, had no reason for telling other than the absolute truth. Counsel went on to review the evidence at considerable length, and submitted that Nyhon had brutally illtrcated Townley, and had done so without any provocation. The assault was not committed in self-defence at all, but was an unprovoked attack upon an old man who had worsted him in a law suit. There was no doubt that the injuries which Townley received were the result of N.vhon's violence. Mr MacGregor then made some reference to the question of damages, pointing out that these were enhanced by an assault being of a malicious and vindictive character. I lies Honor remarked that there was a case of a man who had received £2OO damages for having his hat knocked off. His Honor summed up shortly I>efore 3.30, and the jury retired to consider its verdict at 4 p.m. An hour later the jury returned with a verdict for plaintiff, stating that Nyhon was

the aggressor, and that he had unlawfully used undue violence towards Townley. The jury awarded Townley £2OO damages. His Honor therefore gave judgment for plaintiff for £2OO, with costs as per scale, and six guineas for the second day; disbursements and witnesses’ expenses to bo fixed by the registrar.