New Haven County Court Records

Superior Court Finds, Part II: Cases Involving Black, African American, and Indigenous Persons and Groups

In honor of Black and African American History Month, we examine the cases we have discovered to date in the New Haven County Superior Court involving African-descended, African American and Black persons. Because Indigenous and African-descended people intermarried in colonial New England, and because Indigenous individuals were sometimes identified as Black in colonial records, we have also included cases involving Indigenous persons and groups.

When quoting from documents, we will use the actual spelling, including transcriptions of individual words as necessary. (For more information about colonial spelling practices, see The Standardization of American English at teachinghistory.org.) In certain circumstances, we will add missing letters to abbreviated words or substitute modern spelling in brackets to enhance reader comprehension.

Superior Court Files

Papers from Samuell Pond vs. William Hoadley, March 1715

In the Superior Court Files dating from 1711-1750, we discovered 18 cases involving or mentioning African-descended, Black, and Indigenous persons or groups.

Six cases involved slavery, servitude, or the slave trade:

• In April 1714, Joseph Tuttle of East Haven sued Ephraim Morgen, “an Indian S[e]rvant belonging to [Abraham] Bradley” of Guilford, for a debt of 40 shillings.
• In March 1715, the dispute between enslavers Samuell Pond and William Hoadly, both of Branford, continued from the County Court. Pond and Hoadly argued over who was the legal owner of an African-descended man named Devenshare Nero. The Court determined that “s[ai]d [Pond] has Received Satisfaction” and awarded Hoadly the recovery of his court costs.
• In September 1727, Samuel Harrison of Branford sued Titus Brockett of Wallingford for an account of what happened to a bay horse received on a sloop to be transported to Barbados. Ledger entries that Brockett submitted to the Court mentioned “A Negro Girll... being Shipt on Bord the Sloop Rachell... taken Sick In the Island of Tertuga on Bord the Sloop Rachell Dyed on the 6 Day of March anno Dom 1725/6” and “the half of A hors[e] Exchanged for A Negro of the Vallue of 20 [pounds].”
• In August 1738, George Clark of Milford sued Nathan Clark of Milford regarding a dispute over property. The testimony of Abel Holbrook of Derby mentioned that “George Clark the Second did Improve [the land] for his Negros I saw att work upon it.”
• In February 1742, the dispute between enslavers Samuel Oxx of Bristol and Joseph Mix of New Haven continued from the County Court. Oxx complained that an enslaved man named Cuffe (also spelled Coffee), “a Certain Negro man about nin[e]teen or twenty years of Age” was not “well healthy & Sound” as promised by Mix upon purchase. Unfortunately, a verdict does not appear to be included in the papers for this case.
• In February 1750, the inheritance dispute between Lydia and Prudence Holt vs. John Holt, all of Wallingford, continued from the County Court. The estate inventory included “a Negro Boy.” Unfortunately, a verdict does not appear to be included in the papers for this case.

Four cases involved violent crimes:

• In February 1720, the colonial government prosecuted Mol, “a Negro wench of sixteen years of age [belonging] to Nathaniell Heaton of New [H]aven,” for arson, claiming that she “by the instigations of the [devil] did take fire and put it into a barn belonging to Nath[anie]ll Heaton afores[ai]d.”
• In March 1724, the colonial government prosecuted Samson, “a young Negro man then belonging to [M]r Elihue Yale then Residing in s[ai]d New Haven,” for “on purpos[e] set[ting] on fire a dwelling hous[e]... formerly belonging to [M]r [J]ohn [Y]ale of s[ai]d New [H]aven.”
• In August 1724, Tiach, “an Indian belonging to Milford[,] and his Squaw and another Squaw[,] one Durgan[’]s Widdow,” complained to the court that their “dwelling house or wigwams was wilfully and of purpose burnt” by James Ferns and Richard Woodin of Milford.
• In September 1731, the colonial government prosecuted Hannah, “a Negro Woman belonging to Moses Attwater of Walingford,” for killing Jemima Beecher by “Stabb[ing] the s[ai]d Jemima in to the Throat.”

Two cases involved trespassing incidents:

• In February 1740, Matthew Bellamy of Wallingford sued Elnathan Beech of Wallingford and Mingo, “a Negro Man of s[ai]d Wallingford a Servant & Slave,” for cutting down and carrying away trees on his property.
• In August 1741, the property dispute between Caleb Hall vs. John Hotchkiss, Jason Hotchkiss, and Jack Negro, all of Wallingford, continued from the County Court. Jason, the minor son of Hotchkiss, and Jack, an African-descended man who was enslaved by Hotchkiss, were accused of entering Hall’s land and cutting down trees. Unfortunately, a verdict does not appear to be included with the papers of this case.

One case involved sexual crimes:

• In September 1729, the colonial government prosecuted James Indian of Wallingford “for Lascivious Carriage to Jobe Dawson[’]s Eldest Daughter.”

One case involved administration of an estate:

• In January 1733, the Court heard an appeal from probate regarding the estate of Toby (also spelled Tobe), “an Indian Late of Derby.”

We are also continuing to track cases that reveal information about Indigenous inhabitancy and territories:

• In November 1717, testimony in a property dispute between Gurdon Saltonstall of New London and Daniell Parmele of Guilford mentioned “a place then known by the name of Cogginchauge, but now called Durham.”
• In September 1723, Thomas Welch of Milford sued Samuel Miles and Andrew Sanford, also of Milford, for seisin and possession of land “Bounded with a Creek and a River Called the Indian River.”
• In September 1734, the County Court proceedings of a property dispute between John Woodward, John Trowbridge, and Daniel Trowbridge vs. Joseph Tuttle Sr., all of New Haven, mentioned territory “formerly Called Indian Land” and named “Indian propr[i]etors viz: George Sachem James, Tom [A]dam, Deliverance Nim and Jacob.”
• In October 1743, John Morriss of New Haven sued John Woodward of New Haven for seisin and possession of land “in ye parish of East [H]aven being part of ye Land Called ye New Indian field.”

Superior Court Papers by Subject

Divorce decree and petition from Clarissa Freeman vs. James H. Freeman, December 1835

In the Superior Court Papers by Subject, we discovered 38 cases in 5 subject categories involving or mentioning African-descended, African American, Black, and Indigenous persons or groups.

Appeals from County Court

In December 1779, Thaddeus Cook of Wallingford sued Hezekiah Johnson of Wallingford for “an Assault made on the Body of [Cook’s] Negro Man Servant named Cesar who was then about his Lawful Business in said New Haven.”

Divorce

This category contains 15 cases involving or mentioning African-descended, African American, Black, and Indigenous individuals. Seven of these divorces involved people of color who were seeking to separate, and eight divorces involved white couples where a person of color was mentioned as part of the grounds for separation. The most common grounds for divorce was adultery (10 cases), followed by desertion (3 cases), bigamy (1 case), and adultery/desertion (1 case). Thirteen of these divorces were granted, one was dismissed for nonappearance, and one decision was not recorded in the case documents.

Here are the seven cases between people of color seeking to separate:

• In February 1773, Ruth Roberts of New Haven sought a divorce from her husband Charles for desertion, as he “departed out of this Country” and “made no Provision for her Support or Maintenance.” The divorce was granted.
• In August 1785, Sophia “Sophy” Saunderson (née Jackson) of New Haven sought a divorce from her husband James “Quarm” Saunderson for bigamy, citing that he was already married to a woman named Caroline. The divorce was granted. You can read more about this case here.
• In February 1789, Time of Wallingford pursued a divorce from her husband Dick, who left her “for another Woman with whom he hath lived in a State of Adultery ever since in Cheshire.” The divorce was granted.
• In September 1798, Newport Freeman of New Haven filed for divorce from his wife Violet, claiming that she “willfully deserted him.” The divorce was granted.
• In July 1828, Ebenezer Freeman of Guilford sought a divorce from his wife Almira (née Brown) for committing “the crime of adultery with Prince Wright of said Guilford... and Harvey C. Kelley of said Guilford.” The divorce was granted.
• In January 1835, Charles Cam of New Haven petitioned for divorce from his wife Harriett (née Coe), claiming that she committed adultery “with several persons.” The divorce was granted.
• In December 1835, Clarissa Freeman of New Haven sought a divorce from her husband James for committing “the crime of Adultery with one Roxanna Field of said New Haven.” The divorce was granted.

Here are the eight cases between white couples where a person of color was mentioned as part of the grounds for separation:

• In February 1743, Theophilus Morgan of Guilford sought a divorce from his wife Elizabeth (née Shearmon) for desertion. Josiah Hull testified that Elizabeth “Did not Intend to Live with her said Husband Unless that he would Buy her a Negroe Wench.” The Court’s decision was not recorded in the case documents.
• In August 1758, Samuel Brockway of Waterbury petitioned for divorce from his wife Margaret (née Smith), claiming that she “did Committ the Grevious Sin of Adultry with a certain Negro man called Lott.” Witnesses disagreed whether or not she was a “Distracted person” and whether this contributed to her actions. The divorce was granted.
• In November 1770, Daniel Clark of Wallingford filed for divorce from his wife Abigail (née Horton) after she gave birth to “a Mulatto female Child... begotten on her Body by one Zebulon Potter a Mullatto.” The divorce was granted.
• In January 1771, Tabitha Adkins (née Saxton) of Wallingford petitioned for divorce from her husband Joseph on the grounds of desertion and adultery. A witness testified that Elizabeth Parker “Could not tell butt [her child] would be a Black one, but if it was a white Child She said it was Joseph Adkins [who was the father] and it was a White Child.” The divorce was granted.
• In August 1781, Sarah Sherman (née Law) of New Haven filed for divorce from her husband William, alleging that he committed adultery with several women including “Copulation with a Negro Wench near the House of one Sam[ue]l Bromley near Albany.” The divorce was granted.
• In July 1792, Joseph Knevel of Durham sought a divorce from his wife Hannah (née Laws/Los/Loss) after she gave birth to a child “begotten on her body by the Negro Servant of Joseph Camp” named Jube or Jubal. The divorce was granted.
• In December 1798, Levi Marks of Wallingford petitioned for divorce from his wife Hope (née Treadwell), claiming that she “Submitted herself to the Gross familiarities and embraces of a Negro Man.” The case was dismissed for nonappearance.
• In June 1799, Hope Marks counter-filed for divorce from Levi, stating that he “has been guilty of the Crime of Adultery.” This time, the divorce was granted.

Indians

This category contains two cases involving Indigenous persons and groups. These findings were previously discussed in Tracing Indigenous Presence in the New Haven County Court Records.

Inquests

This category contains 18 cases involving African-descended, African American, Black, and Indigenous individuals. These findings were previously discussed in “Casuall Drowning” and Other Accidental, Unusual, or Suspicious Deaths in Connecticut.

Partition Land

In March 1779, the land dispute between Enoch and Sarah Clark of Milford and Samuel Prudden of Milford included “one other Piece Laying at a Place Called the Indian Side Meadow near the Great Bridge, being Salt Meadow.”

Other Cases

Portrait of a young African woman by Wenceslaus Hollar, 1645. Courtesy of Folger Shakespeare Library, Creative Commons Attribution-Share Alike 4.0 International license, via Wikimedia Commons.

For those who would like to read more about Black, African American, and African-descended persons in the New Haven County, County Court records, here are several cases that we previously chronicled:

• Comme Simons vs. James Shop: a Black freeman bound in servitude to another Black freeman to settle debt owed.
• Phillis: a freewoman who sued her attempted captor for wrongful assault and imprisonment. Hers was the first case we discovered in our records involving an African-descended plaintiff.
• Aaron Moree, Philip, Dick (of Wallingford), Dinah, Betty, Dick (of Middletown), Sharp, Amy, Cato, and Caroline Saunderson: freepersons who faced threats to their liberty and livelihoods due to attempted enslavement and forced servitude.
• Harry, Dick, Fortune, Hanah, Ishmael, and Prince: enslaved men, women, and children with illnesses and chronic conditions who were at the center of legal disputes between enslavers.
• Sim: an enslaved woman who died of smallpox after Wallingford town selectmen pressed her into service at a house where the disease was present.
• Nelle: an enslaved girl of African and Indigenous descent whose enslavers argued over whether she was eligible to be freed once she reached the age of majority.
• Margaret, Caesar, and Tim: formerly enslaved persons who fell into poverty due to illness or advanced age.
• Prince Umstead (also spelled Olmstead): a Revolutionary War veteran from western Massachusetts who went to court as both a plaintiff and defendant in various debt lawsuits.
• York and Gad: two freemen sued for debts owed.
• Robin: an enslaved man who fell ill while away from his captor’s household.
• Boston: a servant involved in a group assault on a constable.
• An unnamed child: recorded in Joseph Coe’s account ledger as being sold to William Harris for 18 shillings.
• Connecticut settlers’ involvement in the slave trade.
• An overview of cases involving African American, Black, and Indigenous peoples from 1790-1799.

A Final Postscript

We look forward to sharing future discoveries in the New Haven County Superior Court records as we continue to find them! In future installments of this series, we will analyze cases involving women in colonial Connecticut, as well as divorce cases from 1700-1799.

As noted in a previous post, the records for these cases, as well as several of the cases previously profiled in this blog, are currently in the process of being digitized. They will eventually be available for public viewing at the Connecticut Digital Archive (CTDA).

This project is made possible through funding from the Historic Documents Preservation fund of the Office of the Public Records Administrator. We also recognize the past support of the National Historical Publications and Records Commission (NHPRC).