West Bromwich
Charge of Fraud Under the County Court Act
At the West Bromwich Police Court, on Saturday (before Messrs A Keen and W S Harding), Edward Wright, jun, of Oldbury, provision dealer, was charged on remand with falsely representing that he had obtained a judgement in the Oldbury County Court against Alexander Dunshee, of West Smethwick; and, by putting a person named Perry into Dunshee’s house, and representing that he was acting under a process of the Court, obtaining the sum of 8s 3d with intent to defraud. Mr W Shakespeare appeared to prosecute on behalf of the Treasury, and Mr H Jackson, of West Bromwich, defended.
It appeared that Alexander Dunshee, a glass-blower, residing in Church Street, West Smethwick, became indebted to the prisoner to the amount of 16s 3d. Prisoner took out a summons against Dunshee in the Oldbury County Court. On the day fixed for the hearing the parties met, and Dunshee agreed to pay the money in two instalments. The first instalment of the debt was paid on the 23rd of July, leaving 7s 9d balance. On the 22nd of August Dunshee received a letter from the prisoner, stating that if the money was not paid by eleven o’clock that day he should put in an immediate execution. The same day, Thomas Perry and another man went to Dunshee’s house and represented that they were bailiffs from the County Court, and hd come with an execution from the Court for Wright’s debt. The prisoner was at a public-house near, and Perry took Dunshee to him and asked him whether the men were bailiffs. He replied that they were. Dunshee then paid the balance, and 7s expenses charged by Perry. The 7s had since been returned to Dunshee by the prisoner’s brother. No judgement had been obtained against Dunshee by the prisoner. Perry had no authority from the Court to act as a bailiff. Prisoner was committed for trial at the assizes, bail being accepted, himself in £100, and one surety in £100.
The Birmingham Daily Post, 5 December 1881
Staffordshire Assizes
Second Court
Before Mr Powell, QC
False Pretences: Thomas Perry (32), ironworker, and Edward Wright (on bail) were indicted for unlawfully acting and professing to act under a certain false colour and pretence of the process of the County Court of Staffordshire holden at Oldbury, on the 22nd August, 1881, at Harborne, with intent to cheat and defraud. A second indictment charged the prisoner with felony, in acting under what purported to be a process of the County Court, and extorting the sum of £7 from Alexander Dunshea. Mr Boddam appeared for the prosecution, and Mr Darling defended Wright and Mr Wheeler Perry.
Mr Darling took a preliminary objection to the second indictment, inasmuch as it charged a felony without containing the word “feloniously”, the indictment was invalidated under the County Courts Act. It was agreed, however, to proceed on the first indictment. Prosecutor is a glass-blower, living at Smethwick, and in July last year he owed an account to the prisoner Wright, who sent him a County Court summons, which was returnable on the 15th July. Prosecutor went on the court day and saw Wright, and made an arrangement to pay the money by instalments. A few days afterwards he received a letter from Wright, informing him that he (Wright) had got an execution against him, and if the amount was not paid at once the bailiffs would be put in. About midday the prisoner Perry and another man came to prosecutor’s house and demanded Wright’s money, and showed prosecutor a paper purporting to be the execution, and said that he was a bailiff of the Oldbury County Court. He also demanded 7s for expenses. Subsequently prosecutor saw Wright, who also told him that Perry was a bailiff.
The jury found both prisoners guilty on the first indictment. With regard to the second no evidence was offered, and a verdict of “Not guilty” was taken. Prisoners were recommended to mercy, on the ground that they did not know the gravity of the crime they were committing and were sentenced – Wright to two months’ imprisonment, and Perry to one month’s imprisonment, without hard labour.
Birmingham Daily Post, 25 January 1882