Henrietta Shorter v. Henry Barnes. Judgment Record

 

Henrietta Shorter
against
Henry Barnes

Be it remembered, that heretofore towit, on the Sixteenth day of November in the year of our Lord One thousand seven hundred and ninety; Henrietta Shorter by Gabriel Duvall her attorney, preferred and filed in the General Court here, her Petition for Freedom, which is in form following towit. To the Honorable the Judges of   the General Court; The Petition of Henrietta Shorter, humbly sheweth, that she is held as a Slave by Henry Barnes of Charles County, although she is entitled to her Freedom, being descended from a Free woman. Your petitioner is the daughter of Lucy Shorter, who was the daughter of Jane Shorter who was the daughter of Elizabeth Shorter a Free woman. She therefore prayeth that your honors would take her case into consideration and discharge her from the custody of the aforesaid Henry Barnes and that summonses may issue for her witnesses, and soforth. G. Duvall for Petitioner. Thereupon, it is ordered by the Court here, that the writ of the State of Maryland of Summons, issue against the said Henry Barnes to answer unto the Petition aforesaid of the said Henrietta Shorter in the plea aforesaid, which was accordingly issued, directed to the Sheriff of Charles County in form following towit. The State of Maryland Sct To the Sheriff of Charles County, Greeting: We command you that you summon Henry Barnes late of Charles County, that all excuses and delays set aside 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 the Petition of Henrietta Shorter, preferred 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 honorable Thomas Johnson Esquire Chief Judge of our said Court the 24th day of November anno domino 1790. Issued the 7th day of December 1790. (G. Duvall). Jno Gwinn Clk

At which said Second tuesday of May in the year of our Lord One thousand seven hundred and ninety one, being the day of the return of the said aforegoing writ of Summons, comes into the General Court here, the said Henrietta Shorter by her attorney aforesaid, and the Sheriff of Charles County, to whom the said writ of Summons was in form aforesaid directed, makes return thereof to the Court here, thus endorsed towit. "Summoned, Thos. A. Dryson Sheriff" Whereupon, comes into the General Court here, the said Henry Barnes by Philip Baron Key his attorney, and defends the force and injury when and soforth, and prays leave of the Court here to imparle until the second tuesday of October next, and to him it is granted; the same day is given to the said Henrietta Shorter also. At which said second tuesday of October in the year of our Lord One thousand seven hundred and ninety one, come again   into the General Court here, as well the said Henrietta Shorter by her attorney aforesaid, as the said Henry Barnes by his attorney aforesaid; and the said Henry Barnes by his attorney aforesaid, as before, defends the force and injury when and soforth, and prays leave of the Court here further to imparle until the second tuesday of May next, and to him it is granted; the same day is given to the said Henrietta Shorter also. At which said Second tuesday of May in the year of our Lord one thousand seven hundred and ninety two, come again into the General Court here as well the said Henrietta Shorter by her attorney aforesaid, as the said Henry Barnes by his attorney aforesaid: And the said Henry Barnes by his attorney aforesaid, as before, defends the force and injury when and so forth, and prays leave of the Court here further to imparle until the second tuesday of October next, and to him it is granted; the same day is given to the said Henrietta Shorter also. At which said second tuesday of October in the year of our Lord One thousand seven hundred and ninety two, come agian into the General Court here, as well the said Henrietta Shorter by her attorney aforesaid, as the said Henry Barnes by his attorney aforesaid: Whereupon the parties aforesaid by their attornies aforesaid file in Court here an agreement, made between them, in form following towit. It is agreed, that all Depositions taken in this case on ten days notice to the Petitioner or Defendants Counsel, before a Justice of the peace shall be received and read in evidence in all the cases of Petitioning negroes under the name of Shorter, claiming their Freedom as descendants of a certain Elizabeth Shorter, or her female ancestors, on the general question touching the right of Elizabeth Shorter, or her female ancestors to Freedom under the Laws of the Country. Whereupon, on motion of the said Henrietta Shorter by her attorney aforesaid, it is ordered by the Court here, that the writ of the State of Maryland of Summons issue against the said Henry Barnes to appear and enter into a Recognizance in the usual form, andsoforth which is accordingly issued, directed to the Sheriff of Charles County, in form following towit. The State of Maryland Sct To the Sheriff of Charles County, Greeting: You are hereby commanded to summon Henry Barnes late of Charles County, that all excuses and delays set aside he be and appear before the General Court, to be held at the City of Annapolis on the second tuesday of May next, to enter into a Recognizance in the usual form, andsoforth, on a Petition for Freedom preferred against him by one   certain Henrietta Shorter, in said Court: Hereof he is not to fail, and fail not at your peril, and have you then and there this writ. Witness the Honorable Samuel Chase Esquire chief Judge of the said Court the 19th day of November in the year of our Lord one thousand seven hundred and ninety two. Issued the 20th day of December 1792. (G.D.) Jno Gwinn Clk. At which said second tuesday of May in the year of our Lord one thousand seven hundred and ninety three, being the day of the return of the said aforegoing writ of Summons, comes again into the General Court here, the said Henrietta Shorter by her attorney aforesaid, and the Sheriff of Charles County to whom the said writ of Summons was in form aforesaid directed, makes return thereof to the Court here, thus endorsed, to wit, "Summoned, James Simmes, Sheriff." Whereupon, the said Henry Barnes, although solemnly called, comes not, but makes default; Thereupon, a motion of the said Henrietta Shorter by her attorney aforesaid, it is ordered by the Court here, that the writ of the State of Maryland of Attachment issue against the said Henry Barnes to answer unto the State of Maryland for his contempt in not appearing according to the command of the said Summons, to enter into a Recognizance in the usual form, andsoforth, after being legally summoned thereto; which is accordingly issued, directed to the Sheriff of Charles County in form following towit. The State of Maryland Sct To the Sheriff of Charles County Greeting: We command you that you attach the body of Henry Barnes 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 in order to enter into Recognizance, that he will not remove Henrietta Shorter out of this State nor obstruct her from attending this Court from Term to Term in support of her Petition for Freedom; and in the mean time feed, cloath and use her well and pay whatever satisfaction the Court shall adjudge for the service of the said Henrietta Shorter from the time of the exhibiting the Petition for Freedom to the Term of Judgment with costs: after being thereto legally summoned. Hereof fail not at your peril and have then and there this writ. Witness the honorable Samuel Chase Esquire Chief Judge of our said Court the fifteenth day of June Anno domino 1793. Issued the 10th day of July 1793. (GD.) Jno Gwinn Clk.

At which said second tuesday of October, in the year of our Lord one   thousand seven hundred and ninety three, being the day of the return of the said aforegoing writ of Attachment, comes again into the General Court here, the said Henrietta Shorter by her attorney aforesaid, and the Sheriff of Charles County, to whom the said writ of attachment was in form aforesaid directed, makes return there of to Court here thus endorsed to wit. "Attached, James Simmes, Sheriff." Whereupon, comes into the General Court here, the said Henry Barnes by Thomas Buchanan his attorney. And in motion of the said Henrietta Shorter by her attorney aforesaid, it is ruled by the Court here, that the said Henry Barnes enter into a Recognizance to the State of Maryland, in the usual form andsoforth: Whereupon the said Henry Barnes, present in Court here acknowledges himself to one and stand justly indebted to the State of Maryland in the sum of Fifty pounds current money, to be levied of his body goods and chattels lands and tenements, to and for the use of the said State of Maryland, on condition that the said Henry Barnes does not remove the said Henrietta Shorter out of this State, nor obstruct her from attending this court from time to time, in support of the Petition for Freedom, exhibited in the said Court against the said Henry Barnes, and in the mean time to feed cloath and use her well, and pay whatever satisfaction the Court shall adjudge for the services of the said Henrietta Shorter, from this Term to the time of the Judgment, with Costs. Thereupon further process of and upon the premises aforesaid, between the parties aforesaid, by order of the court here, is further continued until second tuesday of May next. At which said second tuesday of May in the year of our Lord one thousand seven hundred and ninety four, come again into the General Court here as well the said Henrietta Shorter by her attorney aforesaid, as the said Henry Barnes by his attorney aforesaid: Thereupon further process of and upon the premises aforesaid, between the parties aforesaid, by order of the Court here, is further continued until the second tuesday of October next. At which said second tuesday of October in the year of our Lord One thousand seven hundred and ninety four, come again into the General Court here, as well this said Henrietta Shorter by her attorney aforesaid, as the said Henry Barnes by his attorney aforesaid: Thereupon further process of and upon the premises aforesaid between the parties aforesaid, by order of the Court here is further   continued until the second Tuesday of May next. And now at this day towit, the said second tuesday of May in the year of our Lord One thousand seven hundred and ninety five, come again into the General Court here, as well the said Henrietta Shorter by her attorney aforesaid, as the said Henry Barnes by his attorney aforesaid. Whereupon the parties aforesaid by their attornies aforesaid agree that the Depositions taken and filed in the case Basil Shorter against Henry Rozier be received as evidence in this cause; which said Depositions are in form following to wit. (Here insert them, from Liber G.G. No folio 242 &ca Basil Shorter against Henry Rozier.) And thereupon the parties aforesaid by their attornies aforesaid agree to submit the case to the decision of the Court here, on the Testimony filed in Court here in this case. Whereupon, all and singular the premises between the parties aforesaid by the Court here being seen, heard and fully understood, and mature deliberation thereupon had, for that it appears to the Court here, that the said Henrietta Shorter, the Petitioner aforesaid, is entitled to her Freedom, being descended from a Free woman, as she by her Petition to the Court here hath alleged: Therefore it is considered by the Court here, that the said Henrietta Shorter, the petitioner aforesaid be Free and discharged of and from the service of the said Henry Barnes; and that she the said Henrietta Shorter, the Petitioner aforesaid go thereof discharged andsoforth: And it is further considered by the Court here, that the said Henrietta Shorter the Petitioner aforesaid, recover against the said Henry Barnes the quantity of Two thousand five hundred and twenty one pounds of tobacco by the Court here unto her the said Henrietta Shorter on her assent adjudged for her Costs and Charges by her about the prosecution of her Petition aforesaid, laid out and expended, and that she have thereof her Executions, andsoforth.

Test. John Gwinn Clerk.