November Term, 1791
On Habeus Corpus of Negro Joe claiming his Freedom.
[Earlier document in this case: order, Manum.Cas.27]
[Different report of this case: 1 N.J.L. 41]
The said Joshua Farley having returned that the said Negro Joe in the Writ named, before the coming of the said writ, was and still is, the Negro Slave of the said Joshua Farley, and that he had, and still hath Right and Title to hold the said Joe a Slave during Life ; and thereof tendered an Issue to the Country, and prayed the Court that the said Issue so tendered might be tried by a Jury of his Country ; whereupon, the Court having heard Counsel, and taking the Matter into Consideration, are of Opinion that a Jury in this Case is improper, and therefore do refuse the same.
The Evidence both for and against the Claim of the said Negro Joe to be set at Liberty, being fully heard, and Counsel thereupon on both sides.
The Court do adjudge that the said Negro Joe is illegally detained in the Custody of the said Joshua Farley, and therefore order him to be discharged from the said Custody and illegal Detention of him the said Joshua Farley, on the Motion of Elisha Boudinot.