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New Zealand Herald, Volume XLIII, Issue 13096, 8 February 1906, Page 6

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MAGISTRATE'S SEVER?: COMMENT^

"WHOLE THING STEEPED LV

FRAUD

I Thk retried (if i-F.:; in the tw in wVh* ! Joseph Kihnrtn churned £22 10s from Franj ci» K. R. T. I'tM' 'v.k, U,r money allcgM to ! Lave been lent, 'v is deli v.-red by Mr. Cf* ; Kettle. S.M.. at the Police Court \ester*- | day. The evidence for the pLinUff," ? i* 0 lon a previous occasion. v,as to the effect ; that Erhinan applied for a whoesale beer. | bottling license in June. 150?, in Peacock's •; name. for a. business to be inn by th* plainj tiff. The license w..* cntited, and Krhnun j carried cut the business. iiut Peacock wag • not a partner. Lain- ..a Peacock asked for i a loan of £25. and on Krhman savin-' j he could not give him the money. Pcacoi-k : threatened to can*."l the liceu*;. Krhmaa 1 hen paid him £22 10s. Peacock after - I waids tliteatenecl to < inrel the license ynless he received £100. The business' •«-;« sold on account of the urn; aid. The defence as that the £22 10- was paid m accordance with agieem*. Nt, and not under any contract. Mr. E. V. LHomniield apjh'u.:».*d ior plaintiff, and Mr. R. McVeazh tor de ten dint-.

Mr. Kettle said: " It; this case a fraud was committed un tin* I.a en.-iti,- Committee whifh issued th« wholesale license to Pescock, believing him to be a bona-tide applicant, The evidence shows he lPeacock) had no interest in the business. He Peacock) deceived the Licensing Committee, being in truth and in hi, t a * dummy * licensee. Ehrman knew In; eouid not obtain a license, having b-en previously refused one. The whole thinjx is steeped in fraud. Knowing Ehini.ui to be hi a fix. Peacock took advantage of bis position, and practically levied blackmail on him iu orde:; to peipetuate th<- fi.utd. I ant of opinion that, the Court should not lend itself to assist either party. Plaintiff will be nonsuited." No costs were allowed either party.