Samuel Brockway and Margaret Smith Divorce Case Collection

Overview - What this is (form, dates, scope)

This collection consists of 18th-century legal documents related to the 1758–1759 divorce case between Samuel Brockway and Margaret Smith in New Haven, Connecticut. The materials include petitions, depositions, court records, summons, and testimony from the New Haven Superior Court, spanning August 1758 to February 1759. The collection provides insight into colonial-era divorce proceedings, marital disputes, and legal practices in Connecticut.

Background - Relevant context about creation/provenance

The materials were generated by Samuel Brockway, Margaret Smith, and the New Haven Superior Court during a formal divorce petition process. The case centered on allegations of adultery by Margaret Smith, as documented in petitions and depositions. The collection is part of the Barbour Collection at the Connecticut State Library, preserved as part of historical legal records.

Contents - What's in it, key subjects and details

The collection includes:

• Petitions (e.g., Samuel Brockway’s formal request for divorce citing adultery).
• Depositions and testimony from witnesses, including Joseph Brockway and Josiah Rogers, detailing the marriage and alleged misconduct.
• Court records and clerk notations (e.g., G. Pithkin, G. Falken) documenting procedural steps.
• Summons and delivery confirmations for legal notices.
• Dates and locations of court proceedings in New Haven, Waterbury, and Brantford.

The case highlights colonial legal frameworks for divorce, gender dynamics in marital disputes, and the role of community testimony in judicial decisions.

Scope - Coverage (dates, geography, topics, what's included/excluded)

Dates: August 1758–February 1759. Geography: Primarily New Haven County, Connecticut, with references to Waterbury and Brantford. Topics: Divorce law, adultery, marriage contracts, 18th-century court procedures, and colonial social history. Included: Legal petitions, depositions, summons, and court clerk records. Excluded: Personal correspondence or non-legal documents unrelated to the case. The collection focuses narrowly on judicial materials from the Superior Court process.

The collection is accessible online via the PINAX system and is in the public domain.