Until a half century ago, justices of the peace performed the same role as today's municipal court and small claims court judges -- and married people as well. Justices of the peace were obliged to keep a record of their work (marriages performed, court decisions, etc.) and as early as 1798 the State Legislature required that the dockets of all justices of the peace be deposited with the County Clerk within one year after the justice died. Later, these dockets were transferred to the State Archives in Trenton. The docket books of several early Warren Township justices of the peace may be found at the State Archives: The earliest is that of David Kelly [1782-1811], a member and ruling elder of the Bound Brook Presbyterian Church who became a Common Pleas judge in 1783. Others are: David Smalley, 1812-1813, Thomas Terrill, 1816-1824, Squire Terrill, 1830-1849, and David Smalley, 1897-1906, 1908-1909. Most of the entries are mundane, usually rather cryptic minutes of law suits tried before the justice. Here's one of the more interesting ones from the docket book of Justice Thomas Terrill: Trespass on the Case. June 17, l819. By Request of Pltf I Granted Summons against the Defendant for Seven Dollars to appear at A. Campbell's Tavern in the Township of Warren on the 28 Instant four o'clock PM. Summons Returned by William Worth Const[able]. Indorsed served the Summons on the Defdt. on the 22 June 1819 by reading the same to him he not Requesting a Coppy. Sign'd Wm Worth Const. 28 June 1819. Parties appeared. Pl filed his Demand. The Defendant filed an affidavit for an adjournment a material witness of his being absent and out of the State which I granted. This Cause is adjd till the 27th of September Next. One o'clock PM on the 27th of September 1819 parties appeared. Plaintiff demanded a Vinir for a Jury of six men which I issued returnable on sight 2 o'clock PM. Wm Worth Constable Returned the Vinir with the Panel anexed to wit: Benjamin Moor, Elijah Stites, Isaac B. Moor, John B Moor, John Ginings & Henry Rinehart Jr. Jury being Called appeared. The Jury sworn. Parties proceeded to trial. The Pltf opened the Cause and offered in Evidence Edward Campbell. Objection taken by the defendant that the witness was a traveler with the Pltf and Interested but made no proof. Objection Recorded and witness sworn and Examined to prove that the Pltf while a Guest at Deft's Inn Lost a pair of boots of the value of Six or Seven Dollars and on Demand of the boots by the Pltf of the Defdt he declined to pay or deliver or pay for them and that Pltf paid the bill. Pltf cited ....... page 251 Vol 2d and rested his Cause. Defdt offered in Evidence Asa Pyatt to prove his General Character as an Inn holder. The Parties addressed the Jury and Submitted the Cause. William Worth sworn to take charge of Jury and Jury retired to Consider on their Verdict and having returned into Court being Called appeared Pltf. being called appeared the Jury by their Foreman found for the Pltf Six Dollars Debt with six cents cost and so say they all. The Jury Pold by the Request of Defdt. The Defdt. objected to the Verdict being Entered on the Ground that the Jury were Particular friendly to Pltf but not ....... The Jury were Dismissed. Whereupon I allowed Judgment for the said sum of Six Dollars and also for the sum of two Dollars and Ninety nine Cents Cost. Execution Granted 1819. William Worth Const. made return to me of the Exec the 14th day of Dec 1819 with the Pltf ....... on said Execn. for the Debt paid to Pltf by said Const and paid me One Dollar and twenty five cents being the fees of the Jury and one witness. Said Constable has retained his fee and paid me the Justices costs. [Reference: Somerset County Historical Quarterly, Vol. 7, p. 316; State Archives, Docket Books, Justices of the Peace] |