State of New Jersey v. David Cowell (Dr.; Enslaver of Adam)
Habeas Corpus (to produce Adam, a free Negro; claimed as slave by Dr. David Cowell) Hunterdon : 1783
New Jersey State Archives
Supreme Court of New Jersey
Case Files, 1704 – 1844 (SSV00001)
Supreme Court Case Files : Case # 34546
State of New Jersey v. David Cowell (Dr.; Enslaver of Adam) Case Number 34546 Case Type County Hunterdon Dates
Habeas Corpus (to produce Adam, a 1783 free Negro; claimed as slave by Dr. David Cowell) Minute Book 61, p. 193; 225
PLAINTIFF State of New Jersey
DEFENDANT Cowell, David (Dr.) (Enslaver of Adam)
NAMED IN CASE Negro, Adam (a Free Negro; Claimed as slave by David Cowell)
EVIDENCE (WITNESS CALLED) Axford, Charles (for the State; [Detail from Minute Book 61, p. 225])
EVIDENCE (WITNESS CALLED) Chenn, John (for David Cowell; [Detail from Minute Book 61, p. 225])
EVIDENCE (WITNESS CALLED) Hooper, James (for David Cowell; [Detail from Minute Book 61, p. 225])
EVIDENCE (WITNESS CALLED) Howell, Elliot (for David Cowell; [Detail from Minute Book 61, p. 225])
EVIDENCE (WITNESS CALLED) James, John (for David Cowell; [Detail from Minute Book 61, p. 225])
EVIDENCE (WITNESS CALLED) Lanning, Richard (for David Cowell; [Detail from Minute Book 61, p. 225])
EVIDENCE (WITNESS CALLED) Moore, Joseph (for David Cowell; [Detail from Minute Book 61, p. 225])
EVIDENCE (WITNESS CALLED) Potts, Stacy (for the State; [Detail from Minute Book 61, p. 225])
EVIDENCE (WITNESS CALLED) Scott, Thomas (for David Cowell; [Detail from Minute Book 61, p. 225])
OFFICIAL Brearley, David (Chief Justice)
Supreme Court Case Files : Case # 34546 State of New Jersey v. David Cowell (Dr.; Enslaver of Adam)
OFFICIAL Houston, [Unrecorded] (Clerk)
OFFICIAL Paterson, William (Attorney General) Reed, [Unrecorded] (Attorney) (for David Cowell; [Detail from Minute Book 61, p. 225])
OFFICIAL Serjeant, [Unrecorded] (Counsel) (for David Cowell; [Detail from Minute Book 61, p. 225])
New Jersey Supreme Court
The State
Agt } Habeus Corpus of Negro Adam [?]
David Cowell
Issued 15 May 1783 in Term [?] immediately
I allow this writ, Let it be [?] By Stat. 31 Ch. 2
David Brearley
New Jersey, to wit. The State of New Jersey To Dr. David Cowell — Greeting. We command you that the Body of Adam, a free negro in your Custody detained, as is said, by whatsoever name he may be called or known, together with the Day and Cause of his Taking and Detention, before our Justices of our Supreme Court of Judaiture, of Trenton, imediately after the Receipt of this writ you have, to do submit to and receive all and singular those things which our Same Justices shall then there consider of him in this Behalf, and have you then there this writ. Witness David Brearly, Esquire, our Chief Justice, at Trenton, aforesaid, the fifteenth Day of May in this Year of our Lord Seventeen Hundred and eighty three. Houston
SSV00002
Supreme Court of New Jersey
Minutes, 1704-1873
Book 61 (Trenton) September 1782 – May 1784
May Term 1783
pp. 193 and 225
Entries related to Supreme Court Case No. 34546
State of New Jersey v. David Cowell (Dr.)
Habeas Corpus (to produce to produce Adam, a free negro; claimed as slave by David Cowell) Hunterdon County, 1783
May Term 1783
Hunterdon Writ Witnessed
William Lowrey In Debt, fi, fa, of Goods and Lands
Agt }The Defendants have not any Goods or Lands in my Bailiwick whereof John Logan the within mentioned Debt and Damages I can cause to be made Peter Casey and as by this Writ I am commanded Testatum, fi, fa, ordered
John Armstrong
Harrison and DeCow
Agt } In Case, fi, fa, No goods or Chattels in my Bailiwick Testatum, Fi, Fa ordered
Joseph Shippen
William Coxe
Agt } AC Caps Debt C.C. Mil S/.
Return Temple Ended Before Court
Levi Leake Excr &
Samuel Leake Decd
Agt } Fi, Fa of Goods in Debt, Nulla Bona
Josiah Seeby
Thomas Witherall
Agt } fi, fa of Goods in Case
Ralph Schneck Lived on 1 Bed and Betting Table 6 Chairs Some Dishes and Lumber, 3 Horses, 10 Cattle, 12 Sheep, to the Value of 5/ which remain &c [?] expences ordered
Oliver Barnet Esq
Agt } Bill of Hunterdon In Debt £1200 C.C. Mil 0/0 continued
Anthony Jacobs
Anthony White
Agt } In Debt writ of Enquiry &c The Execution of this Writ appears in a William Gardner and Schedule to the same Write annexed
Edward Henderson
William Nielson
Agt } Bill of Hunterdon £30,000 Rules &c C.C.C Mil 0/0 I appear for the
Benjamin Cooper Defendant Wm Houston
[?] Partner
Anthony White
Agt } fi, fa, of Goods and Lands Lived on 2 Tables 2 Chairs 2 Chests a Ebenezer Cowell Esq Quantity Lumber also a Number of Law Books a Horse and Lot of Land Containing 12 Acres which remain of Value £5000
The State
Agt } Habeas Corpus of Negro Adam ad &c In Obedience to the within writ I do
David Cowell hereby certify and return that Negro Adam is in my Custody as my Slave and I have him here ready &c
The State
Agt } Als Caps in Indictment C.C.C. Mil 0/4
Sidney Berny Esq
May Term 1783
The State
Agt } On Habeas Corpus of Negro Adam
David Cowell
Witnesses for the State Mr Reed Atty for the Defendant
Stacey Potts Att Mr Serjeant of Counsel
Charles Axford jun [?] Witnesses for the Defendant
Joseph Moore [?]
Richard Lanning
James Hooper
John [?]
Elliot Howell
Thomas Scott
Isaac Howell
John James
The Court having heard and fully considered the Evidence offered, to adjudge and order that the said Negro Adam to be comanded into the Custody his Master David Cowell on motion of Mr. Serjeant for Mr. Reed Attorney for the Defendant
Levi Leake Excr of
Samuel Leake, deceased
Agt } In Debt
Josiah Seely On Notice of Mr Bloomfield Attorney for the Plaintiff, Judgement is ordered pursuant to the Rule of the last Term, and the Court, conformably to the Acts of Alsen Ely in Such Case made and provided, proceeded to liquidate and adjust the value of the Debt in Gold and Silver, at the Sum of ninety seven Pounds four Shillings and one Penny being the Amount of the Monies really due in the Condition of the Bond, reduced by the Table or Scale of Depreciation, contained in the Act of Alsen Ely of 25th Decr 1781 from the Date of the Bond and Contract
Aaron Kitehill Esqr
Agt } In Case
Noah Marsh Esqr, Late Sheriff By Consent of Parties and of their Attornies, and on Motion of Mr. Elisha Bondinot, Attorney for the Plaintiff. It is ordered by the Court, that the Matter in Difference in this Cause be Submitted to the Award and Determination official of Matthias Halstead, John Pick and Stephen Day Esquires, whose Report, on the Report of any two of them made in country and returned to the next in any Subsequent Term shall be conclusion to the parties, be made a Judgement