The Coopers of Long Hill

Document A.178 · court writ · transcription: verbatim

Hunterdon County, New Jersey β€” Inferior Court of Common Pleas, the original ALIAS CAPIAS AD SATISFACIENDUM in James Cole v. Benjamin Cooper, tested the first Tuesday in May 1789 at Trenton before Joseph Read[in]g Esq., Judge, returnable August Term 1789, with its DORSE. Loose court paper, case file 34791, FamilySearch Hunterdon, New Jersey. Court Records 1713-1860, IGN 008351249, images 211 (dorse) and 212 (recto) of 957.

repository
FamilySearch Full-Text β€” Hunterdon, New Jersey. Court Records 1713-1860; creator New Jersey. Inferior Court of Common Pleas (Hunterdon County). Image Group Number 008351249, groupId TH-909-78524-134327-77, volume no. 34711-35103, images 211-212 of 957. Arks 3:1:3Q9M-CSY4-X7SD-N (dorse) and 3:1:3Q9M-CSY4-X7SD-1 (recto).

People named

As writtenRoleIdentified asWhat this document says
Benjamin Cooper defendant Benjamin Cooper 1741–1794

What this document records

🎯🎯 the writ to arrest benjamin coopers body

THIS IS A WRIT TO TAKE THE MAN, NOT THE GOODS. Read off the recto at 4-7Γ—; […] marks an expansion, [illegible] a defeat.

β€œHunterdon ss: The State of New Jersey to the Sheriff of the County of Hunterdon [Gree]ting: We > command you that you take Benjamin Cooper of your Bailiwick he may be found & him safely keep so that > you may have his Body before the Judges of the Inferior Court of Common Pleas at Trenton in & for the > County of Hunterdon on [the] first Tuesday in August next to satisfy James Cole the [illegible β€” > struck through and over-written] pounds eight shillings & eight pence ^(with interest)^ which the > s[ai]d James Cole lately before the Judges af[oresai]d recovered against him & al[so] one pound fifteen > shillings & six pence which in the Court by the Judges af[oresai]d were adjudged to the s[ai]d James > for the Damages which he had sustained by occasion of detaining that Debt whereof the s[ai]d Benjamin > is conv[icte]d and have you then there this Writ. Witness Joseph Read[in]g Esq. Judge of the s[ai]d > Court at Trenton af[oresai]d the first Tuesday in May in the year of our Lord Seventeen h[undr]ed > Eighty nine.” β€œwith interest” is a caret insertion above the line. β€œconv[icte]d” is the period's word for a judgment entered against him β€” not a criminal conviction; the identical wording appears in [A.177]. The pound figure on the recto is NOT READ.** It sits at the line break, struck through and written over; at 9Γ— it remains a blot. The dorse supplies it β€” see below β€” but the two are recorded separately rather than merged.

πŸ“‹ the dorse the docket the bill and the sheriff

The dorse carries the docket panel, read at 3-8Γ—:

β€œHunt[erdon] P[lea]s. [a?]lias > * James Cole } Ca: S[a:] > * vt } in a[ction of] d[ebt] > * Benj[ami]n Cooper } > * Pl[ainti]ff [attorney β€” flourished, not read] > * Ret. to August term 1789 > > * Bill dated 28α΅—Κ° Apr 1782 > * *for β€” β€” β€” β€” β€” β€” Β£30 . 8 > * Int. ~~from Oct till~~ [interlined, illegible] > * Β£2 . 2 . 7 . p[e]r year > * Costs taxed at β€”β€” [Β£1?] 15 > * *Add costs on ye Writ β€” 4 β€” > * Besides [sheriff's?] fees β€” 50 > > Jn[o] Lowrey Sh[erif]f” A stamped archival number 34791 sits at the head of the sheet β€” inside this reel's stated volume range no. 34711-35103, so the stamp is the case-file number, the same convention as [A.177]'s 19880 in the 19721-20060 reel. The writ-type word is read as [a?]lias β€” the letters -lias are clear, the initial is a tall looped stroke. Nothing is built on it here. An alias writ is a re-issue after an earlier one came back unexecuted; if that is what this word says it would mean a first capias had already failed, and that argument belongs on Benjamin Cooper, not in this entry. Jn[o] Lowrey is a DIFFERENT sheriff from [A.177]'s J. Anderson** (1783). Six years separate the two writs. β†’ [name.583].

βœ…βœ… it corroborates a 114 which was pure ocr

[A.114] ALREADY HELD THIS SUIT β€” from machine text alone, with read_zoom: NONE. This is the first time any of it has been read off an image. [A.114] cites three minute-book/docket stages at three other IGNs; this is the loose ORIGINAL WRIT behind the capias stage, exactly as [A.177] is the original behind [A.81]'s minute entry. | [A.114], from OCR | this writ, read at 4-9Γ— | |---|---| | bond dated β€œthe twenty eighth Day of April … 1782” | dorse: Bill dated 28α΅—Κ° Apr 1782 | | β€œthirty pounds eight shillings and eight pence in silver or gold” | dorse Β£30 . 8 + recto β€œpounds eight shillings & eight pence” | | β€œa capias ad satisfaciendum in 1789” | dorse Ca: S[a:], teste May 1789 | | a β€œBill obligatory” | dorse Bill dated… β€” the docket uses the same word | This matters beyond tidiness. [A.114] carries a standing warning that β€œthe sums are the values most at risk, and one has already been fixed” β€” an earlier reading of the 1789 writ page had guessed β€œabout Β£2,000”, a figure that would have made Cole a second catastrophe rather than a modest creditor. β‡’ The Β£30 8s 8d correction is now confirmed from the manuscript, and the OCR-only caveat can come off that value. ONE THING DOES NOT MATCH, AND IT IS RECORDED AS A DIFFERENCE, NOT RECONCILED. [A.114] places the capias at October Term 1789, IGN 008218330 image 41. This writ is returnable to AUGUST Term 1789, at a different IGN. The catalog does not assert whether these are two writs or one mis-read date; β†’ t1.

πŸ†• the series is many reels and that changed a conclusion

Hunterdon, New Jersey. Court Records 1713-1860 IS NOT ONE REEL β€” it is a numbered series of loose case files spread over many reels, each with its own DGS, its own groupId and its own case-number range. | DGS | groupId | images | case-file range | what is in it | |---|---|---|---|---| | 008351212 | TH-909-78523-18257-81 | 884 | no. 19721-20060 | [A.177], file 19880 | | 008351249 | TH-909-78524-134327-77 | 957 | no. 34711-35103 | [A.178], file 34791 | This is why a β€œvolume swept, only Cooper is A.177” conclusion would have been wrong. A Cooper sweep of DGS 008351212 returns exactly 3 hits β€” two are [A.177]'s own faces, the third a false positive β€” and it would have been natural to write that up as the Hunterdon court-records result. [A.178] sits on a different reel of the same series and would never have appeared. Navigation for both is recorded in films/.

πŸ”Ž the false positive recorded so it is not re-chased

One Cooper hit in DGS 008351212 is NOT a Cooper β€” image 655, where the HTR reads β€œand Ellen Cooper of Joseph Lobeyham”. The manuscript, read at 3Γ— on the native image, says and Ten Clem Gaus[h]er of Joseph Lobeyheaux β€” a Β£55 writ in an unrelated suit. No artifact was filed for it and none is needed; it is written down only so nobody spends the download again.

Transcription and notes

What it is

A single loose sheet of Hunterdon Common Pleas paper, case file 34791: an alias capias ad satisfaciendum in James Cole v. Benjamin Cooper, tested at Trenton the first Tuesday in May 1789 before Joseph Read[in]g Esq., returnable August Term 1789, endorsed by sheriff Jn[o] Lowrey.

It commands the sheriff to take Benjamin Cooper's body and produce him in court to answer a judgment of Β£30 8s 8d with interest, plus Β£1 15s 6d damages, on a bill obligatory dated 28 April 1782.

Why it matters

A capias ad satisfaciendum is what a creditor reaches for when there is nothing left to levy on: it takes the debtor himself. [A.81] and [A.177] show his father's execution stripping the plantation in 1783–84; this shows a modest creditor, five years later, still unpaid and reduced to asking for the man.

It is also the first image-read source for the Cole suit. [A.114] holds the same case entirely from machine text, with read_zoom: NONE and an explicit warning that its sums are the values most at risk. The bond date, the sum and the writ type all now check out against the manuscript.

Cross-references