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Timon vs. Peter Osgood (1777)
Sham demurrer per pre-arranged agreement. Two year indenture agreement between Timon ("free negro") and Osgood.
- Plaintiff: Timon
- Defendant: Peter Osgood Jr.
- Plaintiff's Attorney: Theophilus Parsons
- Defendant's Attorney: William Pynchon Esq.
Essex Court of Common Pleas
- September 1777 Newburyport: Case filed and disposed
- Justice: Caleb Cushing Esq.
- Justice: Benjamin Greenleaf Esq.
- Justice: Samuel Holton Physician
- Disposition: Osgood's plea judged bad. Timon signed two year indenture agreement with Osgood for six pounds.
- Participants:
- David Bayley
- Witness on Signed Document for Defendant: Witness on June 4, 1776 Bill of Sale of Timon from Chadwick to Osgood.
- Thomas Chadwick Danvers
- Witness on Signed Document for Defendant: June 4, 1776 sold Timon to Peter Osgood Jr. and signed Bill of Sale.
- Moses Kelly
- Witness on Signed Document for Defendant: Witness on June 4, 1776 Bill of Sale of Timon from Chadwick to Osgood.
- Theophilus Parsons Byfield (Newbury)
- Witness on Indenture: Witness on October 3, 1777 Indenture Agreement between Timon and Osgood.
- Witness on Indenture: Witness on October 3, 1777 Indenture Agreement between Timon and Osgood.
- Oliver Peabody
- Witness on Indenture: Witness on October 3, 1777 Indenture Agreement between Timon and Osgood.
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Sources
- Please review Court Formalities to understand the court documents. Note especially that phrases such as 'with force & arms' and specific dates for keeping the Plaintiff in servitude are formal statements not meant to reflect actual occurences.
- Dated June 4 1776 Bill of Sale of Tymon 32 years old from Thomas Chadwick to Peter Osgood Junior. "which said servant is now absent & the said Osgood is to take him wherever he can find him"
- Back of the writ for Timon vs. Osgood dated September 13, 1777
- Writ dated September 13, 1777 in Timon vs Osgood.
- Sheriff's note dated September 15, 1777 that he had delivered Timon vs Osgood writ.
- Osgood's defense written by Pynchon dated October 3, 1777 saying that Timon is Osgood's "proper negro servant" but not making a plea of "not guilty."
- Dated October 3, 1777 Indenture agreement between Peter Osgood Jr. nnd Timon "a free negro who hath no Master" to two years of obedient service in return for meat, drink, lodging, apparel, in sickness and health and for six pounds at the end a a good strong homemade suit of wearing apparels.
- Dated October 3 1777 Timon's response (via Parsons) to Osgood's defense claiming it is insufficient. Osgood's reply to that via Pynchon is that his original reply was good and Timon;s action "may be barred."