Joseph Shorter v. Thomas Brewer. Judgment Record

 

Joseph Shorter
against
Thomas Brewer

Be it Remembered that heretofore towit on the seventh day of april in the year of our Lord one Thousand seven hundred and ninety two, Joseph Shorter by Gabriel Duvall his attorney prefers to the Court here his petition for freedom against Thomas Brewer in form following towit.

To the honorable the Judges of the General Court The   The Petition of Joseph Shorter humbly sheweth that he is held in Slavery by Thomas Brewer of St Marys County; and he is advised, that he is entitled to his freedom being descended in the female line from a free white woman He therefore prays your Honors the premises being considered to discharge him from the custody of the said Thomas Brewer; if he should prove his descent as aforesaid, and that summons may issue for the said Thomas Brewer to answer this petition, and he will pray & soforth

G Duvall for the Petr

Thereupon it is ordered by the Court here that the write of the State of Maryland of Subpena ad respondendum issued against the said Thomas Brewer to answer unto the said Petition and soforth, and the Same accordingly issues in form following towit.

The State of Maryland To the Sheriff of Saint Marys County Greeting We Command you that you summons Thomas Brewer late of Saint Marys 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 unto the petitioner of Joseph 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 Honourable Samuel Chase Esquire Chief Judge of our said Court the 14th day of February Anno Domini 1792.

Issued the 8th day of April Anno Domini 1792

GD. Jno Gwinn Clk.

The same day is given to the said Joseph Shorter andsoforth

At which said second Tuesday of May being the eighth day of the same month in the year of our Lord one thousand seven hundred and ninety two and the day of the return of the aforegoing writ comes into the General Court here as well the said Joseph Shorter by his attorney aforesaid, and the Sheriff of Saint Marys County to whom the said writ was in form aforesaid directed makes return thereof to the Court here thus endorsed towit.

Sumd F Hamersley Shff

And the said Thomas Brewer by Philip Barton Key his attorney appears in Court here and defends the force and injury when andsoforth, and prays leave of the Court here to imparle untill the second Tuesday of October next, and to him it is granted the same day is given to the Petitioner also.

At which said second Tuesday of October being the ninth day of the same month in the year of our Lord one thousand seven hundred and ninety two, to which said day the said Thomas Brewer had leave to imparle come again into the General Court here as well the petitioner as the Defendant by their attornies, and the said Thomas Brewer by his said attorney as before defends the force and injury when and soforth and prays further leave of the Court here to imparle untill the second Tuesday of May next and to him it is granted the same day is given to the Petitioner also.

At   At which said second Tuesday of May being the fourteenth day of the same month in the year of our Lord one Thousand seven hundred and ninety three, to which said day the said Thomas Brewer had leave to imparle, comes again into the General Court here as well the Petitioner as the Defendant by their attornies and the said Thomas Brewer by his said attorney (as before) defends the force and injury when and soforth, and prays further leave of the Court here to imparle untill the second Tuesday of October next, and to him it is granted the same day is given to the said Joseph Shorter also.

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, to which said day the said Thomas Brewer had leave to imparle, come again into the General Court here as well the Petitioner as the Defendant by their attornies, and the said Thomas Brewer by his said attorney (as before) defends the force and injury when and soforth and prays leave of the Court here to imparle untill the second Tuesday of May next, and to him it is granted the same day is given to the said Joseph Shorter also.

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, to which said day the said Thomas Brewer had leave to imparle, come again into the General Court here as well the Petitioner as the defendant by their attornies and the said Thomas Brewer by his said attorney (as before) defends the force and injury when and soforth and prays further leave of the Court here to imparle untill the second Tuesday of October next, and to him it is granted, the same day is given to the said Joseph Shorter also.

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 and ninety four, to which said day the said Thomas Brewer had leave to imparle come again into the General Court here, as well the Petitioner as the Defendant by their attornies, and the said Thomas Brewer by this said attorney (as before) defends the force and injury when and soforth and prays leave of the Court here to imparle untill the second Tuesday of May next, and to him it is granted to the same day is given to the said Thomas Brewer also.

At which said second Tuesday of May being the twelfth day of the same month in the year of our Lord one Thousand seven hundred and ninety five to which said day the said Thomas Brewer had leave to imparle come again into the General Court here as well the Petitioner as the Defendant by this attornies and the said Thomas Brewer by his said attorney as before defends the force and injury when andsoforth, and prays leave of the court here to imparle untill the second Tuesday of October next, and to him it is granted the same day is given to the said Joseph Butler also.

At which 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   ninety five, to which said day the said Thomas Brewer had leave to imparle come again into the General Court here as well the said Petitioner as the Defendant by their attornies and the said Thomas Brewer by his said attorney (as before) defends the force and injury when and soforth and prays further leave of the Court here to imparle untill the second Tuesday of May next, and to him it is granted the same day is given ot the said Joseph Shorter also.

And Now at this day towit the said second Tuesday of May being the tenth day of the same month in the year of our Lord one Thousand seven hundred and ninety six, to which said day the said Thomas Brewer had leave to imparle, come again into the General Court here the said petitioner as the Defendant by their attornies and the said Joseph Shorter by Jonathan R Wilmer has attorney files in Court here the following Depositions towit (here insert the Deposition of Terry Shorter as entered in this Book in page 39

The Deposition of Mary Butler aged thirty eight years being duly sworn on the holy evangely of Almighty God deposeth and saith that she knows the Petitioner and has known him about fourteen or fifteen years, and has known Thomas Brewer the Defendant about the same time; That she lived many years within four miles of the Petitioner; that she has known Patty Shorter as she called herself ever since the Deponent was a girl & she lived with the defendant ever since she knew her, that the said Patty always past as the mother of Joseph and Joseph was always reputed to be her son, and she never heard it contradicted, and she was well acquainted in the defendants family, and has heard the Defendant Thomas Brewer say that Joseph Shorter now present was the son of Patty aforesaid; that the deponent has always understood that Pattys mother was named Peggy but she did not know her.

Sworn to this 11th day of November 1795.

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 Joseph Shorter the Petitioner aforesaid is entitled to his freedom as he be his Petition to the Court here hath alledged Therefore it is considered by the Court here That the said Joseph Shorter the Petitioner aforesaid be free and discharged of and from the service of the said Thomas Brewer and that he the said Joseph Shorter the Petitioner aforesaid go thereof without day &ca.

It is further considered by the Court here that she said Joseph Shorter recover against the said Thomas Brewer the quantity of six hundred and Eighty three pounds of Tobacco by the Court here unto him on his assent adjudged for his costs and charges by him about the prosecution of his Petition laid out and expended, and that he have thereof his Execution andsoforth.

Test. John Gwinn Clerk