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- Dated September 28, 1773. Record of original writ and disposition of Casar Hendrick vs. Greenleaf. Hendrick claimed to be wrongfully enslaved as a "molatto". ECCP Jury found for Plaintiff for eighteen pounds money damages and costs. Citation: Casear vs Greenleaf Esq, Essex County Court of Common Pleas, September 1773, 29.
Transcription:2/29 Casar v Greenleaf Esq Appeal Casar a Molatto Man (otherwise called Casar Hendrick) of NewburyPort in the County o fEssex Labourer Plt against Richard Greenleaf of said NewburyPort Esquire Deft in a plea of Trespass for that the said Richard at said NewburyPort on the first day of January last with Force & arms assaulted the Pltf then & there being in our Peace of then & there with Force as aforesaid falsly imprisoned him also with Force as aforesaid & against the Plts will has there held kept & restrained him in Servitude as the said Richards Slave from the same Day untill the Day of the purchase of this Writ & many other Injuries & Enormities the said Richard to the Pltf then & there did against our Peace & to the Damage of the said Casar (as he saith) the Sum of Fifty pounds. This action was first brought at last March Term at Ipswich when & where the Parties appeared and the Cause was continued, for the Deft to plead specially, to the next Term at Salem in July last when & where the Parties appeared and the Case was then continued to this Term, the Deft to give his plea to the Plt twenty Days before this Term - and now the Plt appeareth - and the said Richard (by Daniel Farnham Esq. his attorney) comes & defends when & where to and protesting that the said Casar is his molatto Slave and that by Law he is not held to answer to the said Casar on his Declaration aforesaid yet nevertheless the said Richard for plea saith (on the plaintiffs agreeing that he the said Richard may on the Tryal give any special mattr in Evidence for his Justification and that the same shall avail as if specially pleaed) says he is not guilty in manner & form as the Plt hath declared and thereof puts himself on the country __ and the plt (agreeing to the above) likewise__ Issue being thus joined the cause after a full hearing is committed to a Jury sworn according to Law to try it who return their Verdict therein upon oath that is to say They find the Deft guilty & specifies Damages for the Plaintiff to eighteen pounds. It is therefore considered that the said Casar recover against the said Greenleaf Eighteen pounds money Damage and Costs. The said Greenleaf appeals there from to the next Superiour Court of Judicature to be holden for this county and enters into Recognizance with Sureties as the Law directs for the presenting his appeal to Effect.