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Casar vs. Samuel Taylor (1772)
A captive who arrived in New England directly from Africa speaking no English, Caesar, twelve years old, was purchased at dock side by Timothy Fuller of Middleton. Taylor sent him to Samuel Taylor of Reading to be taught leather-dressing. At the end of three years, Fuller sold Caesar to Edward Hircum. Caesar negotiated an oral contract with Taylor that, in return for Taylor buying Caesar from Hircum, Caesar would earn enough in six years to repay Taylor at Taylor's profit and Taylor would free Caesar. Taylor broke this oral contract by selling Caesar after the second year. Caesar sued for his freedom on the basis of the broken contract and, with John Lowell as his attorney, won his freedom from an ECCP jury and in Taylor's SCJ 1772 appeal.
- Plaintiff: Casar
- Defendant: Mr. Samuel Taylor
- Plaintiff's Attorney: Nathaniel Peaslee Sargeant Esq.
- Defendant's Attorney: Benjamin Kent
- Attorney for Original Plaintiff on Appeal: Nathaniel Peaslee Sargeant Esq.
- Attorney for Original Plaintiff on Appeal: John Lowell Esq.
- Attorney for Original Defendant on Appeal: John Adams
- Attorney for Original Defendant on Appeal: James Putnam Esq.
Essex Court of Common Pleas
- September 1771 Newburyport: Case filed, disposed and appealed
- Justice: Nathaniel Ropes Esq.
- Justice: Caleb Cushing Esq.
- Justice: Andrew Oliver Jun. Esq.
- Justice: William Browne Esq
- Disposition: Monetary Damages: To Plaintiff Money Damages 25-13-8
Court_Costs: Yes - Participants:
- John Beverly Andover
- Summonsed and Reimbursed: Reimbursed 13sh/6p for 40miles and 5 days
- Ezekiel Cooper Danvers
- Summonsed and Reimbursed: Reimbursed for five days and fifty miles.
- Timothy Fuller Gentleman Middleton
- Summonsed and Reimbursed: Reimbursed 40 miles, 4 days attendance
- Tamar Graves Andover
- Summonsed and Reimbursed: Reimbursed for 50 miles, 4 days, 15sh.
- Edward Hircom Gentleman Reading
- Witness on Signed Document for Defendant:
- Summonsed:
- Samuel Holton Physician Danvers
- Summonsed and Reimbursed: Reimbursed 50 miles, 4 days.
- Martha Rolf Reading
- Summonsed: No Record of reimbursement.
- Timothy Russell Reading
- Witness on Signed Document for Defendant: Witnessed Bill of Sale of Casar from Hircom to Taylor
- Supported Bond for SCJ Appeal: 5 pound bond posted
- Summonsed and Reimbursed: Reimb 18 sh for 70 miles and 5 days.
- Abraham Shelden Reading
- Summonsed: No record of attendance or reimbursement.
- Anna Whittaker Danvers
- Summonsed:
- Richard Whitteridge Danvers
- Summonsed and Reimbursed: ECCP Sept 1771 Reimbursed 5 days, 50 miles
Superior Court of Judicature
- November 1771 Salem: Case heard and continued
- Chief Justice: Benjamin Lynde Jr., Esq.
- Associate Justice: John Cushing Esq.
- Associate Justice: Peter Oliver Esq.
- Associate Justice: Edmund Trowbridge Esq.
- Associate Justice: Foster Hutchinson Esq.
- Disposition: The (2nd). Jury half fees Contd to next Term by order of Court upon the appleant's motion that he may be allowed to give a new plea or plead double.
- Participants:
- John Beverly Andover
- Summonsed: No record of reimbursement.
- James Bolt Salem
- Sworn signed testimony uncertain: Signed, sworn testimony that Casar sold and bought skins from him in July 1770. Bolt heard Taylor had sold Casar and Taylor paid Casar's note.
- John Bryant Lynn
- Summonsed and Reimbursed: Reimbursed for 30 miles and 7 days attendance.
- Stephen Buxton Yeoman Reading
- Sworn signed testimony for Defendant: No record of attendance at SCJ Nov 1771 but signed, sworn statement dated Nov. 12, 1771.
- Philemon Chandler Andover
- Sworn signed testimony uncertain: Reimbursed seven days for SCJ Nov 1771. Signed, sworn statement that Casar lived in Danvers "carrying on Business by his Self", that Taylor had told Chandler about Taylor's agreement to sell Casar his freedom and also that Taylor had inquired his own liability in regards to Casar's fine for threatening Hircom.
- Ezra Damon Reading
- Sworn signed testimony for Defendant: Summonsed; no record of reimbursement. Sworn, written testimony.
- Joshua Felt Andover
- Summonsed: Fragment of testimony in John Adams' note for June 1772 session.
- John Foster Andover
- Sworn signed testimony uncertain: No Summons or Reimbursement documented but sworn testimony in SCJ case file.
- Timothy Fuller Gentleman Middleton
- Oral testimony for Plaintiff: Reimbursed for 10 miles, 4 days attendance
- Charles Furbush Yeoman Andover
- Summonsed and Reimbursed: Reimbursed for 45miles, 5 days.
- Tamar Graves Andover
- Summonsed and Reimbursed: Reimbursed for 50 miles, 7 days, 18sh.
- Benjamin Guilford Andover
- Summonsed and Reimbursed: Reimbursed for 10 miles and 7 days.
- Moses Hart Gentleman Lynn
- Sworn signed testimony for Plaintiff: Written testimony that after September 1771 Court, Taylor told him that Casar had paid "almost all the money" but he sold Casar several years before the six years was up. Reimbursed for travel 20 miles and seven days.
- Jonathan Holt Jr. Andover
- Sworn signed testimony uncertain: Sworn, signed testimony but no summons. Testifies that John Beverly not believable.
- Salem Poor Andover
- Sworn signed testimony for Plaintiff: Signed statement that he, Salem Poor, overheard the conversation between Moses Hart, Samuel Taylor and Casar.
- Primus Middleton
- Sworn signed testimony for Plaintiff: Primus testified in sworn, signed testimony that Taylor had told him of deal with Casar, that Casar was doing well and likely to make money in Danvers but Taylor's suit with Fuller might mean Taylor would have to take him away.
- Asa Putnam Danvers
- Summonsed: No record of reimbursement.
- Martha Rolf Reading
- Sworn signed testimony for Plaintiff: Summonsed to SCJ Nov. 1771 but no record of reimbursement. Sworn testimony dated Nov. 13 of hearing Casar negotiate with Taylor on payment over time for freedom. Also conversation re Casar's working too hard to own good shoes.
- Daniel Rolf Reading
- Sworn signed testimony for Defendant: Summonsed to SCJ Nov 1771; no record of reimbursement. Sworn testimony dated Nov. 17 re Casar's troubles paying Taylor.
- Timothy Russell Reading
- Sworn signed testimony for Defendant: Heard Casar ask Taylor to buy Casar fo 80pds. Casar would pay Taylor back in six yaars.
- Summonsed and Reimbursed: Reimb 15sh for 30 miles and 7 days
- Margaret Russell Reading
- Summonsed: No record of attendance.
- Abraham Shelden Reading
- Summonsed: No record of attendance or reimbursement.
- Amos Smith Danvers
- Summonsed and Reimbursed: Reimbursed for 10 miles and 4 days.
- Walter Smith Danvers
- Summonsed: No record of attendance.
- Rowland Thomas Danvers
- Summonsed and Reimbursed: Reimbursed for 10 miles and 7 days.
- James Turner Andover
- Referenced in witness document: Included in John Foster's sworn testimony as attempting to buy house with Casar in Andover in 1768.
- Anna Whittaker Danvers
- Sworn signed testimony for Defendant: Sworn testimony that Casar and Tamar slept in same bed and that Casar complained of Tayor working him too hard.
- June 1772 Ipswich: Case disposed
- Chief Justice: Peter Oliver Esq.
- Associate Justice: Edmund Trowbridge Esq.
- Associate Justice: Nathaniel Ropes Esq.
- Associate Justice: Foster Hutchinson Esq.
- Associate Justice: William Cushing Esq.
- Disposition: 2nd day The (1st) Jury find the said Samuel Taylor guilty and assess Damage for the said Casar.
Monetary Damages: To Plaintiff. %-13-4
Court_Costs: 24-7-2 - Participants:
- John Beverly Andover
- Summonsed and Reimbursed: Reimbursed 7sh/6p for 30 miles and 2 days tendance
- Nathan Brown Gentleman Salem
- Summonsed: No record of attendance.
- Ezekiel Cooper Danvers
- Summonsed and Reimbursed: Reimbursed 30 miles 1 day
- Hannah Cooper Danvers
- Summonsed: Summonsed, no record of reimbursement.
- Charles Furbush Yeoman Andover
- Summonsed and Reimbursed: Reimbursed for 50 miles, 3 days.
- Benjamin Guilford Andover
- Summonsed and Reimbursed: Reimbursed for 1 day.
- Moses Hart Gentleman Lynn
- Sworn signed testimony for Plaintiff: Reimbursed for 40 miles and 5 days attendance.
- Summonsed and Reimbursed: Reimbursed for 40 miles, 5 days.
- Josiah Hutchinson Husbandman Middleton
- Summonsed: No record of reimbursement.
- William Newman Methuen
- Summonsed and Reimbursed: Summonsed and Reimbursed for SCJ June 1772, 40 miles and 2 days.
- David Preston Danvers
- Summonsed and Reimbursed: Reimbursed for one day. Not clear if of age to testify.
- Asa Putnam Danvers
- Summonsed and Reimbursed: No record of testimony.
- Ephraim Shelden Lynn
- Summonsed: No record of attendance
- Amos Smith Danvers
- Summonsed: No record of attendance.
- Bartholomew Smith Danvers
- Summonsed and Reimbursed: Summonsed and Reimbursed for 30 miles and one day attendance.
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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.
- Wroth & Zobel introduction to Adams' and Wetmore's notes on slavery cases.
- Wetmore's notes on legal aspects of Casar vs. Taylor.
- Dated March 24, 1768. Bill of Sale of Casar from Hircom to Taylor.
- Undated document in SCJ Files. Statement by Danvers Town Clerk that records show Casar and Tamar declared intention to marry on April 15, 1769 and Taylor refused on April 27, 1769
- Dated Sept. 9, 1771. Copy of ECCP writ for Casar vs. Taylor.
- Dated Sept. 20 1771 Summons to Sept. ECCP 1771. A. Shelden, E. Hircom, T. Russell, M. Rolf
- Dated September 21, 1771. Summons to September ECCP to Samuel Holton, Physician, Danvers, Timothy Fuller gentleman, Middleton and John Beverly, Laborer, Andover.
- ECCP September 1771 Record of Caesar vs. Taylor, Docket #51. Finding is for Plaintiff for 25 pounds, 13 shillings and eight pence. Defendant files an Appeal to the SCJ.
- Dated September 24, 1771. Judgement by ECCP of 25 pounds 13 shillings and eight pence to Casar.
- Dated September 30 1771. Bond for Appeal to SCJ.
- Dated Oct 15, 1771. Summons to SCJ Nov. 1771. E. Hircom, A. Shelden, M. Rolf, S. Buxton, E. Damon, D. Rolf, J. Felt.
- Dated October 30, 1771. Summons to SCJ November 1771 held in Salem. Sixteen names, five towns. Signatures on reverse Timothy Fuller Gentleman Primus a negro man living with John Flint all of Middleton in the County of Essex. T. Russell & M. Russell, E. Hirchcom all of Reading; Tamar, J. Beverly S. Poor & C.Furbush all of Andover; R. Thomas, A. Smith , B.Guilford & A.Putnam all of Danvers; M. Hart of Lynn; P. Chandler & J. Bryant.
- Dated November 1, 1771. Summons to SCJ Nov. B. Guilford, A. Whittaker, W. Smith.
- Dated November 12, 1771. Timothy Russell's sworn deposition that at his (Russell's) house, Casar asked Samuel Taylor to buy him, offering to pay him back over six years. Taylor agreed that Casar would then be free. The purchase amount discussed was 80 pounds. Taylor concluded "the intention of this transaction was Casar's Liberty" if Casar kept to the agreement.Peter Frye, JP Salem
- Dated Nov. 12, 1771. A. Sheldon's sworn testimony that Casar threatened Capt. Edward Hurcum, was tried, found guilty and Samuel Taylor paid his fine of 4 pounds.
- Dated Nov. 12, 1771. Primus testifies that in the summer of 1770 Taylor said he did have a deal with Casar, that Casar was "pretty well like where he was then (which was in Danvers) & seemed to be in a pretty good way of making money, & he was loth to take him away, tho he did not know but the Law-Suit with Fuller would oblige him to do it
- Dated Nov. 12, 1771. Sworn, signed testimony by Moses Hart that at September ECCP Court, he heard Samuel Taylor talking with others and Taylor said that Casar had "paid him almost all the money" for his liberty but he sold Casar for a loss because he thought Casar "did not conduct so well" and he had been advised to sell him. The reverse side contains a statement from Salem [Poor] that he heard this conversation as well and it had happened as Hart had said.
- Dated Nov. 12, 1771. Stephen Buxton's sworn, signed statement that in July 1768, Casar was convicted of threatening Capt. Edward Hurcum and Samuel Taylor had to pay his fine and stand for his good behavior. Also, Casar promised to repay Taylor or he would be willing to be resold.
- Dated Nov. 12, 1771. Chandler's sworn testimony that Casar "had lived in Danvers some Time, carrying on Business by his self", that Taylor had told Chandler of Taylor's agreement with Casar to sell Casar his freedom after six years of 100 pound old tener payments and that Taylor had asked Chandler whether Chandler thought Taylor war responsible for paying Casar's fine for threatening Hircom. Chandler had responded that he did not think so.
- Dated Nov. 12, 1771. Sworn, written testimony that Foster in June 1768 refused to sell old house in Andover to James Turner and Casar as Foster "would have nothing to do with Casar." Samuel Taylor approached him and Foster agreed to sell the house to Taylor.
- Dated Nov. 12, 1771. Jonathan Holt, Jr. swon, written testimony that John Beverly claimed in 1770 to have horses and "bought an Irish man out of Charleston jail" but Holt did not believe him.
- Dated Nov. 13, 1771. Anna Whittaker's Sworn testimony that she lived "a few Rods" from Casar and Tamar for fourteen months in 1769-1770 and saw them in bed together as man and wife. Declared that Samuel Taylor came to Casar asking for money. Afterwards, Casar said that he would not pay Taylor but "intended to sweat him before he is done with him."
- Dated Nov. 13, 1771. Daniel Rolf testified that in 1769 he was at the shop in Danvers where Casar worked and Casar said his master had "let him have money to buy skins with" but that the skins had been ruined and could not be used to make leather. The following year Rolf was again at the shop and Casar said he had given Taylor some money, wool, an ax and a pig which Rolf though was worth probably worth 5 pounds total. Casar said that "his Master was too hard upon him to ask for his pay so fast." Frye JP Salem
- Dated Nov. 13, 1771. Martha Rolf's sworn testimony of hearing Casar negotiate payment for freedom deal with Taylor and Taylor's concern that paying Casar's court fine had already cost him money. Also she spoke with Casar re his poor shoes and Casar replied that he had to work too hard for Casar to get better ones.
- Dated Nov. 13, 1771. Sworn, signed testimony that Bolt did business - buying and selling skins . with Casar in July 1770. Heard in August 1770 that TAylor had sold Casar and Taylor paid Casar's note.
- Undated separate signed statement by Salem Poor of his travel and time to SCJ Nov. 1771.
- Dated Nov. 12, 1771. Ezra Damon's testimony that Casar was at Damon's house in July 1768 and threatened Hircom. Casar was tried and convicted and "Mr. Samuel Taylor" had to vouch for his good behavior and pay his fine of 4 pounds.
- Dated Dec. 20, 1771 (it may be 1770). William Jeffry's copy of Walter Smith's statement (not sworn) he will sell Casar his freedom for 172 dollars although he paid 200 for Casar because Casar "hath so satisfied me".
- Dated June 5, 1772. Summons to Josiah Hutchinson of Middleton to attend SCJ June 1772.
- Dated June 8, 1772. Summons to SCJ June 1772 for Asa Putnam, Ezekiel Cooper, and Hannah his wife, David Preston, Bartholomew Smith, and Amos Smith all of Danvers
- Dated June 8, 1772. Summons for William Newman of Methuen to appear in SCJ June 1772.
- Dated June 9, 1772. Summons to SCJ June 1772 to B Gilford and Hannah [?]
- From SCJ Ipswich June 1772 files for Casar Vs. Taylor. Clerk's tally of costs for ECCP September 1771 costs.
- Dated June 15, 1772 Summons to SCJ June 1772 for John Beverly, Andover & Nathan Brown,Salem Ephraim Shelden, Lynn Moses Hart, Lynn & Charles Furbush, Andover
- Clerk's tally of oourt costs for SCJ November 1771 and June 1772
- June 1772 Finding of SJC
- Dated March 28, 1775. Andover Selectmen advertisement warning that John Beverly is a "Person of Bad Character."
- Dated 1795. Broadside containing confession of Pomp, owned by Charles Furbush and whom Pomp murdeed.