Henry Humphrey v. James Smallwoood. Judgment Record

 

Henry Humphrey
against
James Smallwoood

Be it remembered that one the thirty first day of October in the year of our Lord one thousand seven hundred and ninety one, Henry Humphrey by William Kilty his attorney preferred to the Court here in court setting his Petition for freedom against James Smallwood and which is contained in the following words to wit.

To the honourable the Judges of the General Court The Petition of Negroe Harry Humphrey humbly sheweth. That your Petitioner being descended from a free woman and entitled to his freedom is unlawfully held in Slavery by a certain James Smallwood of Charles County wherefore he prays that a Summons may issue to the said James Smallwood to answer his complaint and that he may be relieved by this Honourable Court in the Premises.

Wm Kilty for Petr

Whereupon it is ordered by the Court here that the said James Smallwood do not remove the said Henry Humphrey out of this State, nor obstruct him from attending this Court from time to time in support of his Petition for freedom so as aforesaid preferred against him the said James Smallwood and in the mean time that the said James Smallwood should feed, cloath and use the said Henry Humphrey well. And thereupon on the prayer of the said Henry Humphrey by his aid attorney summons is ordered by the Court here to issue to the sheriff of Charles County against the aforesaid James Smallwood to answer the Petition aforesaid and which accordingly issued in the words and figures following towit.

The State of Maryland to wit. To the sheriff of Charles County Greet. We Command you that you summons James Smallwood late of Charles County that all delays and excuses be set a side he be and appear before the Judges of our General Court to be held at the City of Annapolis on the second tuesday of May next to answer unto the petition of Henry Humphrey prefered against him for freedom hereof he is not to fail and fail not at your peril and have you then and there this writ. Witness the Honourable Samuel Chase Esquire chief Judge of our said Court the 1st day of November Anno Domini 1791. Issued the 21st day of November Anno Domini 1791. WK. Jno Gwinn Clk The same day is given to the said Henry Humphrey then &ca. At   At which said second tuesday of May being the Eighth day of the said month in the year of our Lord one thousand seven hundred and ninety two and the day of the return of the said writ of Subpena comes again into the General Court here the said Henry Humphrey by his attorney aforesaid and the said sheriff of Charles County to whom the said foregoing summons was in form aforesaid directed makes return thereof to the court here thus endorsed to wit. Summoned James Simms Shff

Whereupon the said James Smallwood being called does not appear; thereupon on motion of the said Henry Humphrey by his attorney aforesaid the writ of the State of Maryland of Attachment issued forth out of the General Court here against the said James Smallwood in the words and figures following to wit.

The State of Maryland sc. To the sheriff of Charles County Greeting. We command you that you attach the body of James Smallwood late of Charles County and him have before the Judges of our General Court to be held at the City of Annapolis on the second tuesday of October next to answer unto us touching a certain contempt by him committed in not appearing to answer the Petition of Henry Humphrey in our said Court preferred against him for freedom after being thereto legally summoned hereof fail not at your peril and have you then and there this writ. Witness the honourable Samuel Chase Esquire chief Judge of our said Court the 31st day of May Anno Domini 1792. Issued the 19th day of June 1792. L Martin Jno Gwinn Clk.

The same day Is given to the said Henry Humphrey then &c

At which said second Tuesday of October being the ninth day of the said month in the year of our Lord one thousand seven hundred and ninety two and the return day of the said writ of Attachment comes again into the General Court here the said Henry Humphrey by his said attorney and the sheriff of the County aforesaid to whom the said writ of Attachment was in form aforesaid directed makes return thereof to the Court here of the said writ thereon endorsed.

Non Est James Simms Sheriff

Thereupon on motion of the said Henry Humphrey by his said attorney an alias writ of the State of Maryland of attachment   attachment issued forth out of the General Court here against the said James Smallwood in the word sand figures following to wit.

The State of Maryland Sct. To the sheriff of Charles County greeting. We Command you that you attach the body of James Smallwood late of Charles County and him have before the Judges of our General Court to be held at the City of Annapolis on the second tuesday of May next to answer unto us touching a certain contempt by him committed in not appearing to answer the Petition of Henry Humphrey in our said Court, preferred against him for freedom after being thereto legally summoned; hereof fail not at your peril and have you then and there this writ. Witness the honorable Samuel Chase Esquire chief Judge of our said Court the 19th day of November Anno Domini 1792. issued the 28th day of December 1792. W. K. Jno Gwinn Clk.

The same day is given to the said Henry Humphrey then &ca.

At which said second Tuesday of May being the fourteenth day of the said month in the year of our Lord one thousand seven hundred and ninety three and the day of the return of the last aforegoing Attachment comes again into the General Court here the said Henry Humphrey by his said attorney and the sheriff of the County aforesaid to whom the said last aforegoing writ of Attachment was in form aforesaid directed makes return thereof to the Court here thereon Endorsed. Attached James Simms Sheriff

And the said sheriff being called upon by order of the said Court on motion of the said Henry Humphrey by his attorney aforesaid to bring into Court here the body of the said James Smallwood by him so as aforesaid attached pursuant to the return of the said last mentioned writ of Attachment brings him not into Court here but therein makes default. Thereupon on motion of the said Henry Humphrey by his attachment aforesaid it is ruled by the Court here that the said Sheriff be amerced the sum of five shillings Current money unless he hath the body of the said John Smallwood before the Court here on the second Tuesday of October next, to answer the premises, The same day is given to the said Henry Humphrey then &ca

At which said second Tuesday of October being the eighth day of the said month in the year of our Lord one thousand seven hundred and ninety three, comes again into the General Court here the said Henry Humphrey by his said attorney and   and the sheriff of the County aforesaid being called upon by order of the said Court to bring before the said Court the body of the said James Smallwood to answer the premises, brings into Court here the body of the said John Smallwood who being called appears by Philip Barton Key his attorney and defends the complaint and injury when &ca thereupon in consideration of the contempt of the said James Smallwood he is fined by the Court here the sum of one shilling current money and the Costs of the said writs of Attachments by reason of the said contempt and thereupon it is ordered by the Court here that the said James Smallwood enter into recognizance in the sum of one hundred pounds current money conditioned that he will not remove the said Henry Humphrey out of this State nor obstruct him from attending this court from time to time in support of his petition for freedom preferred against the same James Smallwood but in the mean time to feed, cloath and use the said Henry Humphrey well and pay whatever satisfaction the court shall adjudge for the service of the said Henry Humphrey from this term to the time of the Judgment with costs. Thereupon a certain Randolph Brandt Latimer Gentleman present here in court undertakes for the said James Smallwood and acknowledges himself to be held and firmly bound until the State of Maryland in the sum of one hundred pounds current money which he acknowledged, shall be levied of his body goods Chattels Lands and tenements to and for the use of the said State on condition that the said James Smallwood do not remove the said Henry Humphrey out of this State nor obstruct him from attending this court from time to time in Support of his said Petition and in the mean time feed cloath and use the said Henry Humphrey well and pay whatever satisfaction the Court shall adjudge for the service of the said Henry Humphrey from this term to the time of Judgment with costs, and the said James Smallwood by his said attorney defending the complaint as aforesaid prays leave of the Court here to imparle until the second Tuesday of May next; and he hath it, the same day is given to the said Henry Humphrey then &ca; At   At which said second Tuesday of May being the thirteenth day of the same month in the year of our Lord one thousand seven hundred and ninety four come again into the General Court here as well the Henry Humphrey as the said James Smallwood by their respective Attornies aforesaid and the said John Smallwood by his said attorney defends the complaint when and where &ca and prays further leave of the Court here to imparle until the second tuesday of October next; and he hath it; the same day is given to the said Henry Humphrey then &ca

At which said second Tuesday of October being the fourteenth day of the same month in the year of our Lord one thousand seven hundred seven hundred and ninety four come again into the General Court here as well the said Henry Humphrey as the said James Smallwood by their respective attornies aforesaid; and the said James Smallwood by his said attorney defends the complaint when and where &ca and prays further leave of the Court here to imparle until the second Tuesday of May next; and he hath it the same day is given to the said Henry Humphrey them &ca

At which said second Tuesday of May being the twelfth day of the said month in the year of our Lord one thousand seven hundred and ninety five come again into the General Court here as well the said Henry Humphrey as the said James Smallwood by their said respective attornies. Thereupon it is agreed by and between the said parties by their attornies aforesaid that the evidence disclosed by a commission issued in the three petitions by the Humphreys in Prince Georges County (if legally taken) shall be read in this cause provided it is returned here by the next term. Thereupon further process of and upon the premises aforesaid between the parties aforesaid by consent of the said parties and their attornies aforesaid and by order of the Court here thereon is continued until the second Tuesday of October next; the same day is given to the said parties then &ca

And now here at this day that is to say the said second Tuesday of October being the thirteenth day of the same month in the year of our Lord one thousand seven hundred and ninety five come again into the General Court here as well the said Henry Humphrey as the said James Smallwood by their respective attornies: and thereupon the said parties by their respective attornies file in Court here sundry   sundry Depositions and other Evidence and which are contained in the words following to wit.

The Deposition of Henry Thomas of Charles County of Lawfull age being about fifty seven who being sworn on the holy Evangels of Almighty God before the subscriber one of the Justices of the Peace of the said County deposeth and saith That old James Smallwood of the said County above thirty years ago had a yellow woman named Arey who as far as he knew was always deemed to be his slave. Thinks that she had long hair, does not know whether she had children saw her but two or three times and is not certain whether her hair was long or bushy, has heard that she had two or three daughters. Believes that Jack the Petitioner against John Robertson was the son of one of Ares daughters, has heard that (from old James Smallwood) that Ary had daughters and that Sall the Mother of the said Petitioner was one of them. Henry Thomas 21st of August 1792. Sworn before, Henry H. Chapman.

The deposition of William Richardson of Charles County aged about sixty three years who being duly sworn on the holy Evangels of Allmighty God before the subscriber one of the justices of the peace for Charles County deposeth and saith. That he knew a woman named Arey (who appeared like an Indian with very strait Black hair and her skin not browner than he has known some white Woman) about thirty years during which time she lived with old James Smallwood and that she died in his Possession. That James Smallwood bought her of Bryne Smallwood with her two Children for one hundred pounds but that he heard from James Smallwood that he was by agreement to have the money back again if Arey got free which he was doubtfull she would being so fair as she was as many People thought she would be free that one of the daughters was named Sall. That the said Ary had a negroe as a husband. That he heard Bryne Smallwood got Ary of one John Hosbson and that she was brought from Virginia that she was always held as a slave while she was in Maryland since he knew or heard of her and that her issue were so likewise. That he did not know of Ary being called Humphries while she lived with James Smallwood and   and never heard of the name till lately. That he heard form his wife that her father John Wynn was going to try to get her free if he had lived and that she ought to have been set free That the said John Wynn died more than forty years ago but did not hear hear any report (of her being entitled to her freedom) in the neighbourhood.

William Richardson
his + mark

21st August 1792. Sworn before, Henry H. Chapman.

The deposition of Alexander Wilkerson of Charles County aged about fifty five years who being duly sworn on the holy Evangels of Allmighty God before the subscriber one of the Justices of the peace for Charles County deposeth and saith That he knew a woman named Ary who was in the Possession of James Smallwood as a slave That he was overseer for him and always considered her a slave That she was a yellow woman fairer than Mulattoes Generally are and had long black hair that he does not recollect her having the appearance of an Indian (except her hair) That he was acquainted with Indians having been in the war against them That she was not to his knowledge called by any other name than Ary and that he never heard of any report in the neighbourhood of her being entitled to her freedom nor did he hear of it from James Smallwood That James Smallwood Bought her for one hundred pounds.

Alexander Wilkerson
his A. mark

August 21st 1792. Sworn before Henry H. Chapman.

The Deposition of William Robertson of Charles County aged sixty seven being duly sworn on the holy Evangels of Allmighty God before the subscriber one of the Justices of the Peace for Charles County, deposeth and saith that he heard James Smallwood say that he bought a woman named Ary and her two children of Bayne Smallwood for one hundred pounds as Slaves and that he never knew or heard of their being otherwise. That he did not take her to be an Indian That he always heard and understood that she was a slave. That she was a yellow Woman and that her hair was Sometimes fured and Sometimes combed out and tied and that he never heard any report of her being entitled to her Freedom or of her being called Humphries. That he lived within a mile or two of James Smallwood.

William Robertson
his R mark

August 21st 1792. Sworn before Henry H. Chapman

The deposition of Elizabeth Berry of Charles County aged upwards of   of sixty years who being duly sworn on the holy Evangels of Allmighty God before the Subscriber one of the justices of the peace for Charles County deposeth and saith That she has heard talk of Ary who was held as a slave by James Smallwood attending Court in Charles County with John Wynn to try for her Freedom That the said John Wynn and James Smallwood were her uncles and she heard there was a difference between them about the time of his trying to get Ary free. That she heard it was occasioned by some dealings between them and did not hear that it was on account of his trying to Get Ary free. And that she never heard John Wynn or James Smallwood mention her being entitled to her freedom but did hear that John Wynn tried to get her free. That she does not remember much about her colour but believes it was yellow That she was always held as a slave and considered so as far as she knows and that she heard nothing of her being named Humphries or of the name before this Summer.

Elizabeth Berry
her + mark

August 21st 1792. Sworn before Henry H. Chapman.

John Action of Charles County of the Age of 52 being sworn on the holy Evangels of Almighty God deposeth and saith that he knew Ary in possession of James Smallwood as his slave ever since he was a Boy. that she had a Negro as a husband by whom she had several Children. she was a yellow complectioned Wench, does not particularly recollect her hair has heard some people say a scattering opinion, that she was an Indian, but did not think so himself. Has heard that Mr John Wynn had it in hand to get her free, but understood he could find no proof of it Always heard and understood that she was a slave and does not remember to have heard any reports in her Life time of her being entitled to freedom, and never heard of the name of Humphries until this suit. has seen many Indians when a Boy. John Action

21st August 1792. Sworn before Wm H. McPherson.

The deposition of William Clements of Charles County aged about seventy five years, who being duly sworn on the Holy Evangels of Almighty God before the subscriber one of the Justices of the peace for Charles County Deposeth and saith That he heard James Smallwood say that when he brought a   a Negroe man named Joe he was not willing to come without a woman named Ary. That he knew Ary who he thinks was either a bring bright Mulatto or an Indian woman that she had very long black hair That he bought Ary of Ledstone Smallwood, father of the present Ledstone Smallwood as he was told by James Smallwood. That he knew of Arys being in possession of James Smallwood a number of years, and of her having a number of Children while she was with Mr James Smallwood which Children were always deemed as slaves and that he never heard otherways. does not know that Ary was a Slave, but always heard she went for one, that he heard James Smallwood say that Joe was. That two of Ary's Children were put under him to work and went as slaves when he was overseer for Thomas Smallwood That he does not know and did not hear of Ary's having any Children with her at the time James Smallwood purchased her.

William Clements
his + mark

Augt 23d 1892. Sworn before Wm H. McPherson.

Charles County Sst Septr 15 1792. Came John Robey of Richard aged Sixty Eight years or thereabouts before me one of the Justices of the peace for the County aforesaid and being sworn on the holy evangels of Almighty God, saith that between forty and fifty years ago he this Deponent often saw a white woman in Port Tobacco by the name of Esther Barrick, Alias Barrott, who he supposed to be an Irish Woman.

John Roby

Sworn before Wm H. McPherson

I Certify that the above Deposition was taken in presence of Sarah and George Humphreys, two of the person interested. Given under my hand this 15th Septr 1792. Wm H. McPherson

Charles County Sst At the request of a Negro man who calls himself Jack Humphreys, and by Consent in writing of John Robinson his master, the following Deposition was taken at the house of Jane McClarin in Portobaco, on the fourteenth day of July 1792.

Jane McClarin aged about ninety three being Sworn on the holy Evangels of Almighty God deposeth and says that about fifty years ago, she knew a negro girl by the name of Ary who then lived with a certain John Hopson in Portobacco that from her long hair she supposed her to be an Indian that she never heard or knew that the said Girl was called Ary Humphreys that she was informed that Mrs Hopkins, mother to John Hopkins brought the   the Girl Ary from Virginia, and that Mrs Hopkins, wife to John Hopkins told this deponent that she Mrs Hopkins heard that the Girl Ary was to be free. Being asked by Jack Humphreys if she did not know that Mrs Hopkins afterwards Mrs Luckett carried the Girl Ary to Mr Bayne Smallwoods. Answers that she did not know it, nor did she know what became of her after she went from Portobacco and further saith not.

True Copy Sworn before the Subscriber one of the States Justices of the peace for County the date above written. Henry Barnes.

The Deposition of Ledstone Smallwood Senr of Charles County aged seventy one years being sworn on the holy Evangels of Almighty God before the subscriber one of the Justices of the peace for Charles County Deposeth and saith. That he knew Ary when James Smallwood purchased her of Mr Beane Smallwood & that Ary had two Children That James Smallwood told him, that he gave one hundred pounds for Ary and her two Children. that Ary was the same woman that lived with John Hobson. that he always understood from his father and James Smallwood that Mr Beane Smallwood gave a bill of sale for Ary when he sold her that Ary had straight black hair, and not long. that Ary was always considered as a slave while she was with Jame Smallwood. That he did not remember of John Hobson having a white servant woman.

Ledstone Smallwood
his L.S. mark

August 24th 1792. Before Wm H. McPherson

I Certify that the above Deposition was taken in the presence of John Humphreys, George Humphreys, Igns Humphreys and Rhody Humphreys, the negroes concerned.

Augt 24 1792. Wm H. McPherson.

An Inventory of the Goods and Chattels of Mr John Hobson late of Charles County decd appraised in current money of Maryland by us the subscribers vizt

To 1 Negroe woman named Are a 29.0.0
To 1 Negroe Girle abt 4 yrs old name Sarah a 16.0.0
To 1 Ditto named Hanna 1 yr ould a 7.0.0
To 2 Cowes & Yearlins a 35/p 1 Cow a 30/ 5.0.0
To 3 hefers at 30/p two 2 yr ould Stears samll 15/p 6.0.0
To 2 young barrows 2 yr ould @ 10/p 1 Sow 8/ 1.8.0
 
To 10 Small shotes a 3/p 7 doz & ten qts bottles a 3d/p Bottle 23/6 1 pr hand Mill Stones a 30/ 4.3.6
To 1 old Craues Cutt saw 10/ 1 old small table 2/6 .12.6
To 1 feather bed boulster, 1 old quilt 1 old blankett, 1 pair of course Sheets, 1 pr Cof Curtain and Valins 4.10.0
To 1 ditt, boulster, 1 silk Rug, 1 blankett, 1 course sheet 1 pair of old Curtains & vaine 5.0.0
To 1 old feather bed 1 Rug, 1 Catt Taile boulster 1 ould pillow 1 blankett 3.0.0
To 1 old small feather bed 1 old Rug, 1 old blankett 1.10.0
To 1 old Cat taile bed lining teek 1 old boulster 1 old blankett 1 old quilt, 1 old sheet, 1 old silk Rug 1.0.0
To 1 high bedstead 8/ 2 Trundel ditto a 6/p 1.0.0
To 1 old Chest 6/ a parcell of old books 18/ 1.4.0
To 1 box Iron 2 heaters 5/ 3 old Brass Candlesticks a 1/p 0.8.0
To 1 tea kettle 8/ 7 peaces of earthen ware a 1/p 0.15.0
To 1 pair of wool Cards 1/6 2 old unfixed Guns 5/ .6.6
To 2 flag Chears a 2/p 2 old bed cords a 1/p .6.0
To 1 old Small Oval Table 6/ 1 pad lock 1/ .7.0
To 1 pair of Small Stellards 10/ .10.0
To 2 Earthen punch bowles 1/6 .3.0
To 6 tea Cups a 2d p 1p earthen ware 1/ .2.0
To 50lb of Pewther a 1/p 48lb of old ditto a 6d p 3.14.0
To 1 frying pan a 3/6 1 old ditto 1/ .4.6
To 2 pr of old fire Tongues a 1/ 1 old Gread Iron 2/ .4.0
To 2 Cypres washing tubs 2/p 3 pails a 1/6 p .8.6
To 2 pigons a 1/p 1 old Coffee Mill 4/ .6.0
To 1 doz of old case knives & forkes .6.0
To 1 deaper Table Cloth 5/ 3 deaper Towells a 1/p .8.0
To 1 Course table Cloth 1/ 1 Course towel 6 .1.6
To 1 looking Glass 10/ 1 small ditto 1/ .11.0
To 1 Iron pott qt a 3d p 9/6 1 ditto qt 39u[?] a 3d p 9/9d .19.9
To 1 ditto qt 31u[?] 3d 7/9 1 Ditto Crate a 1d p 19u[?] 1 Iron Potts Rack 6/ .15.4
To 7½u[?] of ould Iron a 1d p 1½d 1 Iron Griddle 6/ 6.7½
To 1 Iron ladle a 2/ 10 Iron Staples a 6d p .7.0
To 1 Dustale[?] 6d 32 foot of window Glass a 6d p/ 1 old Chest 5/ 1.1.0
To 1 Glass decanter 3 drinking Glasses .2.0
To 2 Small Rideing horses a 4u[?] p 8.0.0
 
To the decd wearing apparell 2.0.0
To a parcel of old Lumber 1.0.0
To a parcel of Carpenters and Joyners tooles a 1.1.6
To 1 Mare a 2.0.0
To 1 12d bowl To 1 padlock a 1/ .1.0
106.4.8

T Hobson, John Muschett Mathw Stone
Fran. Goodrich Francis Adams

Charles County Sst on the 17th day of August 1742 came Eliza Hobson and made oath on the holy Evangelists of Almighty God that the above is a just and true Inventory of all and singular the Goods and Chattels which were on Jno Hobson late of said Count decd that came to her hands at the time of making the same that what hath since or shall hereafter come to her hands or possession she will return an additional Inventory that she knows of no concealment of any part or parcel thereof by any person whatsoever that if she should discover any concealment or suspect any to be she will acquaint the commissary general for the time being o his deputy with such discovery or cause of suspicion that it may be enquired into that she will well and truly give an account of all and every pt of ye decd personal Estate that shall hereafter come to her hands possession or knowledge.

Before Walter Hanson D. Com.

In Testimony that the aforegoing Inventory is a true Copy taken from the records of the Orphans Court of Charles County. I have hereunto set my hand and affixed the seal of my office this 21st day of August Anno Domini 1792.

John Muschett Regr.

Thereupon the Depositions and evidence filed as aforesaid are admitted by the Counsel for the said parties to be received and read in Evidence in this Cause. Whereupon the said James Smallwood by his said attorney offers himself ready for trial of and upon the premises aforesaid And the said Henry Humphrey and his said attorney being called come not, nor doth the said Henry Humphrey further prosecute his said Petition of and upon the premises. Thereupon   Thereupon on motion of the said James Smallwood by his said attorney that the Petition aforesaid be dismissed. It is therefore considered by the Court here that the said Petition of the said Henry Humphrey preferred as aforesaid in the case against the said James Smallwood be dismissed.

Test John Gwinn Clk.

Rhody Humphrey
against
Walter Boswell

The same proceedings and Judgment &ca in this Case Mutatis Mutandis as in that of Henry Humphrey against James Smallwood entered in this book in page twenty three. Test Jno Gwinn Cl.

George Humphrey
against
Benjamin Cawood

The same proceedings and Judgment &ca in this case Mutatis Mutandis as in that of Henry Humphrey against James Smallwood entered in this book in page twenty three. Test Jno Gwinn Cl.

Ignatius Humphrey
against
John Lambeth

The same proceedings and Judgment &ca in this case Mutatis Mutandis as in that of Henry Humphrey against James Smallwood entered in this book in page twenty three. Test Jno Gwinn Clk.