Patty Shorter v. Thomas Stone. Judgment Record

 

Patty Shorter and her Six children, Clement, Charles, Ned, Bett, Joseph, and James.
against
Thomas Stone

Be it remembered that heretofore to wit, on the twelfth day of May in the year of our Lord one thousand seven hundred and ninety two; Patty Shorter for her self and her six children Clement, Charles, Ned, Bett, Joseph and James by Gabriel Duvall her attorney prefered and filed in the General Court here her petition for Freedom against Thomas Stone which is in form following to wit.

To the honourable the Judges of the General Court. The Petition of Patty Shorter humbly sheweth, that she (together with her six children Clement, Charles, Ned, Bett, Joseph, James) is held in slavery by Thomas Stone of Charles County, and she is advised that she is entitled to her Freedom being descended in the female line from a free white woman she therefore prays your honours the premises being considered to discharge   them from the custody of the said Thomas Stone should they prove their descent as aforesaid and that summons may issue for the said Thomas Stone to answer unto this petition and she will pray and so forth. G Duvall for petr.

Whereupon in pursuance of the rule of the Court here in such cases made and provided, the said Patty Shorter for herself and her six children aforesaid by her attorney aforesaid, on the day and year aforesaid, prosecuted and sued forth out of the General Court here the writ of the State of Maryland of Subpoena ad respondendum against the said Thomas Stone directed to the sheriff of Charles County in form following to wit.

The State of Maryland to wit. To the sheriff of Charles County Greeting. We command you that you summons Thomas Stone 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 unto the petition of Patty Shorter and her children 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 honourable Samuel Chase Esquire Chief Judge of our Said Court the Eighth day of May 1792.

Issued the 12th day of May Anno Domini 1792. GD. Jno Gwinn Clk.

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 day of the return of the aforegoing summons comes into the General Court here, the said Patty Shorter for herself and her six children aforesaid by her attorney aforesaid; And the sheriff of Charles County aforesaid to whom the said summons was in form aforesaid aforesaid directed makes no return thereof to the Court here: And the said Thomas Stone comes not into the General Court here: Whereupon the said Patty Shorter for herself and her six children aforesaid by her attorney aforesaid, afterwards to wit, on the twenty second day of December in the year of our Lord one thousand seven hundred and ninety two again prosecuted and sued forth out of the General Court here the writ of the State of Maryland of Subpoena ad respondendum against the said Thomas Stone directed to the sheriff of Charles County in form following to wit.

The State of Maryland to wit, To the sheriff of Charles County, Greeting. We command you that you summons Thomas Stone that all delays and Excuses set a side he be and appear before the Judges of our General   General Court to be held at the City of Annapolis on the second Tuesday of May next to answer unto the petition of Patty Shorter and her children prefered against him for freedom hereof he is not to fail and fail not at your peril have you then and there this writ. Witness the honourable Samuel Chase Esquire chief Judge of our said Court the 19th day of November 1792.

Issued the 22d day of December Anno Domini 1792. GD. Jno Gwinn Clk.

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 summons comes again into the General Court here the said Patty Shorter for herself and her six children aforesaid by her attorney aforesaid; And the sheriff of Charles County aforesaid to whom the said Summons was in form aforesaid directed, makes return thereof to the Court here thus endorsed to wit. Summoned James Simms Shff.

Whereupon comes into the General Court here the said Thomas stone by Philip Barton Key his attorney; And on motion of the said Patty Shorter for herself and her six Children aforesaid by her attorney aforesaid it is ruled by the Court here that the said Thomas Stone enter into a recognizance to the State of Maryland in the usual form in such Cases made and provided. Whereupon a certain Thomas Andrew Dyson of Charles County comes into Court in his proper person and acknowledges himself to owe and stand justly indebted to the State of Maryland in the sum of three hundred 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 Thomas Stone do not remove the said Patty Shorter and her six children, Clement, Charles, Ned, Bett, Joseph and James out of the said State of Maryland nor obstruct the said Patty Shorter from attending this Court from time to time in support of her petition for freedom exhibited in the said court for herself and her six children aforesaid against the said Thomas Stone and his the mean time to feed cloath and use her the said Patty Shorter and her six children aforesaid, well and pay whatever   satisfaction the Court shall adjudge for the service of the said Patty Shorter and her six children aforesaid from his Term to the time of the Judgement with costs. Thereupon further process of and upon the premises aforesaid between the parties aforesaid, by order of the Court here is continued until the second Tuesday of October next, the same day is given to the parties aforesaid, then and so forth.

At which said second Tuesday of October being the Eighth day of the same month in the year of our Lord one thousand seven hundred and ninety three, come again into the General Court here as well the said Patty Shorter for herself and her six children aforesaid, by her attorney aforesaid, as the said Thomas Stone 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; the the same day its given to the said parties then and so forth.

At which said second Tuesday of May being the thirteenth day of the said month in the year of our Lord one thousand seven hundred an ninety four come again into the General Court here as well the said Patty Shorter for herself and her six children aforesaid, by her attorney aforesaid, as the said Thomas Stone 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; the same day is given to the said Parties then and so forth.

At which said second tuesday of October being the fourteenth day of the said month in the year of our Lord one thousand seven hundred and ninety four, come again into the General Court here as well the said Patty Shorter for self and her six children aforesaid by her attorney aforesaid as the said Thomas Stone 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; the same day is given to the said parties then and so forth.

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 Patty Shorter for self and her six children by her attorney aforesaid by her attorney aforesaid as the said Thomas Stone by his attorney aforesaid; Thereupon further process   process of and upon the premise aforesaid between the parties aforesaid by order of the Court here is further continued until the second tuesday of October next; the same day is given to the said parties then and so forth.

And now at this day to wit, the said second tuesday of October being the thirteenth 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 Patty Shorter for herself and her six children, Clement, Charles, Ned, Bett, Joseph and James by her attorney aforesaid as the said Thomas Stone by his attorney aforesaid; And the said Patty Shorter for herself and her six children aforesaid files in Court here sundry depositions which are in form following to wit.

Teresa Shorter
against
Joseph Boarman

The Deposition of Terry Shorter aged fifty eight years being sworn on the holy evangely of Almighty God deposeth and saith that she knows Teresa Shorter who petitioned against Joseph Boarman and has known her eighteen or nineteen years; that she is sister of Charity Shorter who obtained her freedom against Ignatius Matthews and also a Sister of Basil Shorter who petitioned against Charles Carroll and obtained his freedom. That Robert Shorter who petitioned against Mary Neale now Mary Simms by Intermarriage with Robert Simms, is also a brother of Basil who petitioned against Charles Carroll, being the son of Lucy Shorter who formerly belonged to William Neale near Port Tobacco. That Jim Shorter who petitioned against Mrs. Bradford is also son of Lucy aforesaid and brother of Basil who obtained his freedom against Charles Carroll. That Stephen Shorter who petitioned against John Boarman is son of Jenny who petitioned against Mrs. Bradford which Jenny is full sister of this deponent and this deponent obtained her freedom against Mrs. Chunn. That Anne Shorter who petitioned against Raphael Boarman is also a daughter of this deponents Sister Jenny aforesaid. That Monica Shorter who petitioned against Edward Hazle is the daughter of Jenny Shorter who belonged to Henry Neale of St. Mary's County, which Jenny is sister of Basil who obtained his freedom against Charles Carroll. That Priscilla Shorter who petitioned against John Smith is daughter of Appy   Appy, and sister of George Shorter who petitioned against Henry Neale. That Baptist who petitioned against the said Smith is son of the said Priscilla. That Ignatius Shorter who petitioned against John Fenwick is the son of Nanny Shorter which Nanny is aunt of this deponent and this deponent knew Nanny ever since she the said Nanny was a child, and she is about five years younger than the deponent that Nanny was the daughter of Patty Shorter who belonged to old John Lancaster and was a grand mother of this deponent; that she had understood that said Nanny is now in Kentucky with Mr. Fenwick who claims Nase. That Phillis Shorter who has petitioned against Mary Boarman is daughter of this deponents Sister Jenny who petitioned against Mrs. Bradford and Letty who has petitioned against the said Mary Boarman is daughter of said Phillis. That Thomas Shorter who belongs to Richard Jordan she has always understood was son of the deponents Sister Betty that Betty;s mother was the deponents mother, and Betty was many years younger than the deponent and the deponent knew her ever since she the said Betty was a child, being both born in the same family. That when the deponent went to see her mother and her sister at John Smiths on patuxent the said Tom was a boy and appeared to be about six or seven years old, that the deponents mother Nelly was then sick at Mr. Smiths and dies of that Illness; that this deponent had never seen the said Tom but once before that, she then seemed to be about two years old; that her said Sister Betty was then big with her next child, and Tom always past for Betty's child and she never heard it contradicted or questioned.

That Clem Shorter who petitioned against Raphael Neale is about three years older than Tom and she has known Clem ever since she knew Tom having first seen them at the same time and Clem always past as the son of the deponent's Sister Betty aforesaid and she never heard it contradicted, and he was owned by Betty as her child. That Ignatius Shorter who petitioned against Henry Howell is brother of this deponent and son of her mother Nelly, and the deponent has known him ever since he was a child. That Gerrard Shorter who petitioned against Mary Boarman is son of this deponent's Sister Jenny who petitioned against Mrs. Bradford. That Patty Shorter who has petitioned against Thomas Stone this deponent has known ever since she was a child she is daughter of Betty who was aunt of this deponent and Sister of this deponent's Mother Nelly and was always reputed as such and she never heard it contradicted; the said Betty was daughter of Patty   Patty who belonged to old John Lancaster as the deponent understood and never heard it contradicted.

Sworn this 17th day of October 1795, before John Randall. Taken before John T. Mason and Gabriel Duvall.

Priscilla Shorter
against
John Smith

Sarah Butter of a Anne Arundel County aged fifty three years and upwards being sworn on the holy Evangely of Almighty God deposeth and saith that she knews Priscilla Shorter now present and has known her ever since she was born; that they were both born in the family of Henry Neale deceased who was son of Roswell Neale; the said Priscilla Shorter is daughter of Appy Shorter now deceased; the deponent knew Appy well, she belonged to the said Henny Neale; that Appy has been dead about nineteen years; that she had Eleven Children to wit, Henny Joshua, Anthony, Jenny, Shadrack, George, Nelly, Peter, Prissy and Lucy and Gerrard; that Henny, Joshua, Jenny, Shadrack, George, Nelly and Gerrard are dead; that Lucy belongs to Henry Neale of St. Mary County son of Henry Neale deceased beforementioned and has petitioned against him. That the deponent knew Jenny Shorter very well, and Appy was always reputed the daughter of Jenny Shorter and they always claimed one another as mother and daughter and she never heard it contradicted.

Sworn 27 Octo 1795 before J. Bullen.

Leonard Shorter
against
Richard Edelen

Priscilla Shorter aged between forty and fifty years being sworn on the holy Evangely of Almighty God deposeth and saith that the petitioner Leonard Shorter now present is the son of the deponent and her master John Smith sold him to Philip Ford four or five years ago, and Philip Ford gave him to the defendant who married his daughter. That Baptist Shorter who petitioned against John Smith is also son of the deponent, and is older than Leonard and is now about twenty four years of age.

Sworn to this 30th day of October 1795; before J. Bullen

Teresa Shorter against Joseph Boarman

Jenny Shorter aged sixty two years and upwards being sworn on the holy evangely of Almighty God deposeth and saith that she was daughter as the deponent always understood of Lucy Shorter who belonged to William Neale near Port Tobacco, and afterwards to the widow of said Neale, which Lucy was sister of Henny who petitioned   petitioned against Henry Barnes and of Basil who petitioned against Charles Carroll; that she knows Robert Shorter commonly called Bob Russeton who was always reputed to be the brother of the said Lucy, Henny and Basil.

The deponent also saith that Anne Shorter who petitioned against Raphael Boarman is daughter of this deponent and was sold and sent to the havanna as she has been informed; that the said Anne was sent away by Raphael Boarman sometime after she had petitioned; being asked if Raphael Boarman knew if she had petitioned, answers she thinks he did; he was in the house when the deponent heard Benjamin Wakefield read the order of Court about her petitioning that she was to be used well and the like, and she was sent away some months afterwards; that it was at the house of the within of Raphael Boarman when the deponent heard the order of Court read, and from said house she was sent. That Nell Shorter who petitioned against William Chandler Brent is daughter of Minta, now deceased who was daughter of this deponent and the deponent knew said Nell ever since she was a child. That Phillis who petitioned against said Mary Boarman is daughter of this deponent, and Letty who petitioned against said Mary Boarman is daughter of said Phillis. That Tom who petitioned against Richard Jordan this deponent has known ever since he was about two years old; he is the son of Betty who was Sister on the mother's and father's side of this deponent. That Clem who petitioned against Raphael Neale is a full brother of said Tom.

Sworn to this 16th day of May 1796, before J. Bullen

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 Patty Shorter and her six children Clement, Charles, Ned, Bett, Joseph, and James, the petitioners aforesaid are entitled to their Freedom being descended, in the female line, from a free white woman as they by their petition to the Court here have alledged; Therefore it is considered by the court here, that the said Patty Shorter and her six children Clement Charles, Ned, Bett, Joseph and James the petitioners aforesaid, be free and discharged of and from the service of the aforesaid Thomas Stone and that they the said Patty Shorter and her six children Clement, Charles, Ned, Bett, Joseph and James the petitioners aforesaid go thereof without day, &c. It is further considered by the Court here that the said Patty Shorter and her six children, Clement, Charles, Ned, Bett, Joseph and James the petitioners aforesaid recover against the said   said the said Thomas Stone the quantity of six hundred and seventy one pounds of Tobacco by the Court here unto them the said Patty Shorter and her six children aforesaid on their assent adjudged for their costs and charges by them about the prosecution of their petition aforesaid laid out and expanded, and that they have thereof their Execution, &c.

Test John Gwinn Clk.