David Cowell v. Nathan Beakes Jr. Trespass on the Case (£10,000 damages; for depriving David Cowell of the service of Adam, a Negro slave). [File includes a letter dated September 1778 in which David Cowell sets forth that Adam may work for others] Hunterdon : 1780 – 1783 New Jersey State Archives Supreme Court of New Jersey Case Files, 1704 – 1844 (SSV00001)
Supreme Court Case Files : Case # 5997 David Cowell v. Nathan Beakes Jr.
Case Number 5997 Case Type
Trespass on the Case (£10,000 damages; for depriving David Cowell of the service of Adam, a Negro slave). [File includes a letter dated September 1778 in which David Cowell sets forth that Adam may work for others]
County Hunterdon Dates 1780 – 1783
On September 12, 1778, a certain Negro slave named Adam was retained for life in service of David Cowell. Throughout the following year David Cowell acquired divers great profits and advantages from the labor and service of the said negro slave Adam, his servant. Includes a letter dated September 1778 in which David Cowell sets forth that Adam may work for others within a seven mile radius, and after making restitution of 300 pounds may keep whatever he earns; in every respect as a Free Man […]
PLAINTIFF Cowell, David (Enslaver of Adam, a Negro)
DEFENDANT Beakes, Nathan Jr.
Negro, Adam (a certain Negro Slave named Adam; Enslaved by David Cowell) NAMED IN CASE
OFFICIAL Anderson, J. (Sheriff of Hunterdon)
OFFICIAL Bainbridge, Edmond (Referee) (also on jury list)
OFFICIAL Beatty, John (Dr.) (Referee)
OFFICIAL Brearley, David (Chief Justice)
OFFICIAL Corshon, J. (Sheriff of Hunterdon)
OFFICIAL Houston, [Unrecorded] (Clerk)
OFFICIAL Ketcham, Benjamin (Referee) (also on jury list)
OFFICIAL Olden, Joseph (Referee)
OFFICIAL Paterson, William (Attorney) (for Nathan Beakes Jr.)
OFFICIAL Reed, Bowes (Attorney) (for David Cowell)
OFFICIAL Willing, John (Referee) (also on jury list)
JUROR Abbott, Daniel
JUROR Agnew, Daniel
JUROR Apleton, Josiah
JUROR Baker, Timothy
JUROR Blackwell, Jacob
JUROR Bodine, John
JUROR Bulman, Thomas
JUROR Ely, George
JUROR Green, William
JUROR Hart, Moses
JUROR Houton, Abner
JUROR Howell, Christopher
JUROR Hunt, Richard
JUROR Ketcham, John
JUROR Kotts, Conrad
JUROR Moore, Job
JUROR Neal, Robert
JUROR Rose, Charles
JUROR Rozell, John
JUROR Singer, John
JUROR Smith, Benjamin
JUROR Vandolar, Garrett
New Jersey: Sup: Court
David Cowell
V
Nathan Beakes Junr
Of the Term of April 1780
Filed Augt 14th 1780 –
Reed
The State of New Jersey Supreme Court } Of the Term of April in the Year of our Lord One Thousand Seven Hundred and Eighty
Hunterdon Js: David Cowell complains of Nathan Beakes Junr: in Custody &c. For this, to wit, That Whereas a certain negro Slave named Adam, on the 12th Day of September, One Thousand Seven Hundred and Seventy eight was rightfully and lawfully retain’d for Life, in the Service of the said David Cowell, to transact certain Affairs of the said David, and the said Negro Slave Adam, had serv’d the said David for the Space of One Year next after the said twelfth Day of September. Whereby the said David obtain’d and acquired divers great Profits and Advantages from the Labour and Service of the said Negro Slave, his Servant. Nevertheless, the said Nathan Beakes Junr, not ignorant of the Premises but contriving craftily and subtilly to deceive and defraud the said David of his Servant aforesaid, and resin’d in his Service: and of all the Profits, Benefits, and Advantages, which the said David by Reason of his Servant aforesaid might have and gain procured the said Negro Slave Adam to depart from and leave the Service of the said David against the Will of the said David, whereby the said David has entirely lost the Service of the said Negro Slave Adam his Servant for a long Time to wit: for the Space of Six Months and still continues to loose the Same to Damage of the said David Ten Thousand Pounds and thereof he brings this Suit
B: Reed Atty Pr Quer. Pledges { John Doe
Rietd Doe
Hunterdon Js: David Cowell puts in his Place Bowes Reed his Attorney against Nathan Beakes Junr in a Plea of Trespass on the Case
Nathan Beakes Junr
A of } Jn Case
David Cowell
I plead not Guilty, with Leave to give in Evidence any Special Matter, as Article of Agreement or Instrument in Writing given by the Plff [Plaintiff?] Payment,
Wm Paterson
Att for dept [?]
New Jersey: Sup: Court
David Cowell
V
Nathan Beakes Junr
B:Reed Atty
[?] to Septr Term 1781
New Jersey JS: The State of New Jersey to the Sheriff of the County of Hunterdon Greeting It is Commanded You that you cause to come before this Justices of the Supreme Court of Judiciature at Trenton on the First Sunday in September next twelve free and lawful Men of this Body of your County, by whom the truth of the matter may be better known and who are in 110 ways of hire either to David Cowell the plaintiff, or to Nathan Beakes Junior the Defendant, to make a certain Jury of this County between the parties aforesaid in a plea of Trespass on this Case, because as well the said David Cowell as the said Nathan Beakes Junior between whom the matter in variance is, have put themselves on that Jury, and have there [sic] the names of the Jurors and this writ Witness David Brearly Esquire Chief Justice of New Jersey at Trenton the Twelfth day of May in the Year of our Lord One Thousand Seven Hundred and eighty one
B: Read Atty Reed
New Jersey: Sup: Court
Dr David Cowell
V
Nathan Beakes Junr
B:Reed Atty
[?] to Septr Term 1781
The Execution of this which appears by the panel here unto annexed [?]
New Jersey Js: The State of New Jersey To The Sheriff of the County of Hunterdon Greeting It is Commanded you that You cause to come before New Justices of the Supreme Court of Judiciature at Trenton on the Fourth Tuesday in September next twelve free and lawful Men of the Body of your County, by whom the truth may be the better known and who are in noways of kin either to Dr. David Cowell the Plaintiff or to Nathan Beakes Junr Defendant, to make a certain Jury of the County between the parties aforesd of a plea of Trespass on this Case because as will the said Dr David Cowell as the said Nathan Beakes Junr between whom the matter in Varience is have said themselves on that Jury, And have there then the Names of those Jurors and the Writ, Witness David Brearly Esqr Chief Justice of Trenton the Twentieth Day of May in the Year of our Lord One Thousand Seven Hundred and Eighty Two. B: Reed Atty
New Jersey: Sup: Court
David Cowell
V
Nathan Beakes Junr
B:Reed Atty
[?] on the 16th day of May
The Execution of this which appears by the panel for into annexed
New Jersey Js: The State of New Jersey To The Sheriff of the County of Hunterdon Greeting It is Commanded you that You cause to come before New Justices of the Supreme Court of Judiciature at Trenton on the sixteenth day of May next twelve free and lawful Men of the Body of your County, by whom the Truth of the matter may be better known, and who are in noways of Kin either to David Cowell the plaintiff, or to Nathan Beakes Junior the Defendant, to make a certain Jury of the County between the parties aforesaid in a plea of Trespass on the Case, because as well the said David Cowell as the said Nathan Beakes Junior, between whom the matter in variance is have put themselves upon that Jury, and have there the names of the Jurors and the Writ Witness David Brearly Esqr Chief Justice of New Jersey at Trenton the sixth day of April in the Year of our Lord One Thousand Seven Hundred and eighty two
B: Reed Atty Houston
New Jersey: Sup: Court
David Cowell
V
Nathan Beakes Junr
B:Reed Atty
[?] to the 1st Tuesday in April 1783
The Execution of the within Will appear by the pannel annexed J. Anderson Junr
New Jersey Js: The State of New Jersey To The Sheriff of the County of Hunterdon Greeting It is Commanded you that You cause to come before New Justices of the Supreme Court of Judiciature at Trenton on the first Tuesday in April next twelve free and lawful Men of the Body of your County, by whom the truth of the matter may be the better known, and who are in noways of kin either to David Cowell plaintiff or to Nathan Beakes Junior Defendant to make a certain Jury of the County between the parties aforesaid of a plea of Trespass on the Case, because as will the sd David Cowell as the said Nathan Beakes Junr, between whom the matter in valence is, have put themselves up on that Jury, and have then and have the names of the Jurors and the Writ Witness, David Brearly Esquire Chief Justice of New Jersey at Trenton the nineteenth day of November in the Year of our Lord One Thousand Seven Hundred and eighty two
B:Reed Atty
Dr. Beatty
Jos. Olden
Edmond Bainbridge
John Wilting
Robt Nead
Benjamin Smith
Daniel Agnew
Thos Bulman
Conrad Kotts
Garrett Vandolas
Abner Houten
Mossef Hart
John Singer
Jacob Blackwell
Richard Hunt
Timothy Baker
Job Moore
George Ely
Josiah Appleton
Christopher Howell
Daniel Abbot
Charles Rosh
John Bodine
Wm Green
Benjamin Ketcham
John Ketcham
John Rozell
J. Anderson Jr
Supreme Court
David Cowell
To } papers
Negro Adam
Filed May Term 1783
Houston
Trenton, Sepr: 12th 1778
This is to Certify that I do allow my Negro Man Adam, when I can spare him from my own Business, to agree for the best, with any Man within Seven Miles of me, as to Wages and to Receive the same, he paying me every half year so much of the said Money as he may have to spare over and above what he may want for Cloaths & Necessaries for himself untill he has made me full Resitution in Money for the Sum of Three Hundred Pounds advanced from this Date and when he has done that all the Money he may receive on the same Plan shall be his own in every Respect to dispose off & the same &c the same as a free man. He to make my House his Home every Saturday Night except absent by Permission & [?] as life is certain. I propose he shall [?] faithful. Also Adam has my Liberty to buy and sell what may become his own in every Respect as a free Man while he beheaves with that good Name & Character he hath ever here tofore done David Cowell
Supr Court
David Cowell
agt
Nathan Beakes Junr }
In case
Rule of Reference
April Term 1783
Entered
Dr. David Cowell
V } in Case
Nathan Beakes Junr
By Consent of both parties and their Attornies and on Motion of W. B. Reed Attorney for the plaintiff, It is ordered that all matters in difference in this Cause to be submitted to the Award and Determination of Edmond Bainbridge John Willery, Benjamin Ketcham Dr. John Beatty and Joseph Olden whose report or the reports of any three of them made in Writing and returned to the next, or any subsequent Term be conclusive to the parties and made a Judgement of this Court on which Execution may issue that the parties attend plaintiff give the Defendt ten days notice of the time and place of the Attorney meeting and the aforesaid fo the plaintiff giving Notice the Defendt may [?] and that if either party shall refuse or neglect to attend the Referee may proceed ex: parties and that each party be instilled to Subpeana for their Witness
New Jersey Supr Court
David Cowell
Nathan Beakes Junr
Filed May Term 1783
Houston
New Jersey Supreme Court April Term 1783
Wednesday 2 April 1783
Present all the Judges
David Cowell
Vs } In Case
Nathan Beakes Junr
By Consent of both parties used their Attornies and on matters of Mr B. Reed Attorney for the Plaintiff it is ordered that all Matters in difference this Cause be Submitted to the Award and Determination of Edmond Bainbridge, John Willery, Benjamin Ketcham Dr. John Beatty and Joseph Olden, whose Report in the Report of any three and then make in writing and returned to the next or any subsequent Term be conclusive to the Parties and make a Judgement of the Court on which Execution may issue that the Plaintiff give the Defendant ten days Notice of the Time and Place of the Referees Meeting and on [?] of the Plaintiffs giving notice, the defendant may give like Notice that if either party shall refuse or neglect to attend the Referees may proceed exparte and that each Party be entitled to Subpenas for their Witnesses. – A true copy from the Minutes of the Court Wm Houston
We the Witnesses named Referees, appointed by the Rule of Court, of which the witness is a copy, having met, agreable to notice given by the Plaintiff; on a full hearing of the Evidence & allegations of the parties, do report, to the honble Court that we find for the Defendant – No Cause of Action – Witness their Hands this Twenty first day of April 1783
Edmd Bainbridge
John Welling
Benjamin Ketcham
Jno Beatty
Joseph Olden