O Say Can You See

At a Court held for hearing Appeals and writs of Error in the City of Annapolis on the third Tuesday in October being the sixteenth day of the same month Anno Domini seventeen hundred and seventy, the following record was transmitted from the Provincial Court   Maryland to wit. At a Provincial Court begun and held at the City of Annapolis in Ann Arundel County in and for the Province aforesaid on the second Tuesday of September being the Eleventh Day of the same Month and in the Twentieth Year of the Dominion of the Right Honourable Frederick Absolute Lord and Proprietary of the Province of Maryland aforesaid Anno Domini 1770

Present
William Hayward Esqr Chief Justice
The Honble
John Hepburne
John Leeds
John Beale Bordley
Daniel of St Thomas Jenifer
and Philip Thomas See Equires Justices

John Clapham Esqr Sheriff
Reverdy Ghiselin Cl

In the Record and Proceedings of the same Court amongst others is as follows to wit.

JH William Butler & Mary Butler
a
TJ Richard Boarman

Petition

To the Honourable the Justices of the Provincial Court.

The Honble Petition of William Butler and Mary Butler Sheweth that they are Justly Entitled to freedom but are detained in a State of Perpetual Slavery by Richard Boarman of St. Marys County Planter

Your Petitioners therefore desire your Honours to Consider their case and Set them at Liberty and otherwise relieve them in the Premisses. And as in duty Bound they will ever pray &ca

J Hall for Petrs

Which being read and Heard and mature Deliberation thereupon had it was ruled and Ordered by the Court that Summons issue against the said Richard Boarman for his Appearance here next Court which issued accordingly and was by the Sheriff of Saint Mary's County to whom the same Writ was directed returned.   At which said next Court to with the Second Tuesday of April Anno Domini 1764 Comes again as well the said William Butler and Mary Butler by John Hall their Attorney as the said Richard Boarman by Thomas Johnson Junior his attorney Thereupon the said Cause is Continued till next Court. At which said next Court to wit the Second Tuesday of September Anno Domini 1764 Comes again the Parties aforesaid by their attorneys aforesaid Thereupon the said Cause is further Continued untill next Court.

At Which said next Court to wit the second Tuesday of April Anno Domini 1765 Comes again the Parties aforesaid by their Attorneys aforesaid Thereupon the said it is Ordered and ruled by the said Court that the Depositions of John Branson Samuel Love Senior John Jordan Smith and Elizabeth Warring be admitted as Evidence on behalf of the Defendant on giving four Days Notice of the time and place of Examination to the Complainants and Thereupon the said Cause is further Continued until next Court

At Which said next Court to wit the second Tuesday of September Anno Domini 1765 Comes again the said Parties by their attorneys aforesaid Thereupon the said Cause is further Continued untill next Court.

At Which said next Court to with the second Tuesday of April Anno Domini 1766 comes again the parties aforesaid by their attorneys aforesaid Thereupon the said Cause is further continued until next Court. At which said next Court to wit the Third Tuesday of October Anno Domini 1766 comes again the said Parties by their Attorneys aforesaid Thereupon it is Ordered and ruled by the said Court that the Depositions of all Witnesses on both sides to be taken before a majestrate be admitted as Evidence on the argument of this cause in Case the Evidences are not able to attend the adverse party giving two Days notice of the time and place of taking each Deposition and thereupon the said Cause is further Continued until (next)   next Court. At which said next Court to wit the third Tuesday of May Anno Domini 1767 Comes again the Parties aforesaid by their Attorneys aforesaid Thereupon the said Cause is further Continued untill next Court. At Which said next Court to wit the third Tuesday of October Anno Domini 1767 Comes Gain the Parties afsd by their Attorneys aforesaid Thereupon the said Cause is further Continued until next Court

At which said next Court wi wit the Third Tuesday of May Anno Domini 1768 comes again the Parties aforesaid by their Attorneys aforesaid Thereupon the said Cause is further Continued until next Court.

At Which said next Court to wit the third Tuesday of October Anno Domini 1768 comes again the Parties aforesaid by their Attorneys aforesaid Thereupon the said Cause is further continued untill next Court. At Which said next Court to wit the Third Tuesday of May Anno Domini 1769 comes again the Parities aforesaid by their Attorneys aforesaid Thereupon the said Cause is further continued untill next Court. At which said next Court to wit the third Tuesday of October Anno Domini 1769 Comes again the Parties aforesaid by their Attorneys aforesaid. Thereupon the said Cause is further Continued untill next Court. At Which said next Court to wit the second Tuesday of April Anno Domini 1770. Comes again the Parties aforesaid by their Attorneys aforesaid Thereupon the said Cause is further Continued untill next Court.

At which said next Court to wit the second Tuesday of September Anno Domini 1770 Comes again as well the said William Butler and Mary Butler by their Attorney aforesaid as the said Richard Boarman by his Attorney aforesaid Whereupon all and Singular the Premisses aforesaid and the Allegations and Evidence as well on the part of the said William Butler and Mary Butler as the said Richard Boarman being by the Court (how)   how seen heard fully understood and mature Deliberation thereupon had It is Considered by the Justices here that the said William Butler and Mary Butler of and from any further Servitude to the said Richard Boarman be here discharged and Freed And it is also Considered that the said William Butler and Mary Butler recover against the said Richard Boarman the Sum of           Pounds of Tobacco by the Court how until them on their Assent Adjudged for their Costs and Charges by them laid out and Expended by Occusion[?] of the Premisses &ca And thereupon the said Richard Boarman by his Attorney aforesaid prays an Appeal from the Judgment aforesaid so as aforesaid Rendered to his Lordships High Court of Appeals and the same is granted

It is therefore Ordered that the Record and Proceedings in the Premises aforesaid be Transmitted to the High Court of Appeals accordingly.

Test R Ghiselin Clk

Copies of the Depositions of the Witnesses taken and admitted as evidence on the hearing of the aforegoing cause is hereto annexed.

In Testimony that the aforegoing is a true copy of the Record and Proceedings in the Premises the Seal of the Provincial Court is hereto affixed this 15th Day of October 1770.

R Ghiselin Clk

 

Charles County Sst September 12th 1767

The Deposition of John Jordan Smith Aged about Eighty five years taken before me the subscriber one of his Lordships the Justices of the said County he been first sworn on the Holy Evangels Deposeth and saith that above sixty years ago he was well acquainted with Eleanor Butler an Irish Woman and Negro Charles and that they lived together several years and that they had three Children which then lived with them one named John one named Sarah and one named Catharine. And this Deponent further saith that he believes that the said John was then between nineteen and twenty years of age and Sarah about seventeen and Catharine about fifteen years of age and this Deponent further saith that the said Eleanor Butler used to come several times to his Fathers House to wash for the Family and further saith that the said Eleanor and Charles lived on a plantation of Majr Boarmans and that he saw them several times at the Majrs and further this Dept saith not.

John Jordan Smith

Allen Davis

I further Certifie that William Butler was present when the above Deposition was taken. Allen Davies

The Deposition of Jean Howard aged Seventy years or thereabouts being sworn on the Holy Evangelists of Almighty God declares that when she this Dept was ten Eleven or twelve years of age She used frequented to be at Major Boarmans (House) his wife being God Mother to this Dept and at that time there was in Major Boarmans Possession two mulatto's as Slaves the one a young Man named Jack twenty years of Age or there abouts the other a woll grown young lusty wench named Kate both whur[?] Molatto's she this Deponent often heard Major Boarmans family say was the Children of Negroe Charles a Slave to the said Boarman and Nell Butler an Irish Woman and also several of the Neighbours say the Same Likewise that they were Married

Jean Howard
her + mark

St Marys Count Sst I hereby Certify that the above Deposition was taken before me one of his Lordships Justices for the Coty afd

Jno Reeder Junr
21st Sept 1767.

(The)   The Deposition of Thomas Beach aged Seventy eight years being first duly sworn of the Holy Evangels of Almighty God Deposeth and saith that he knew Irish Nell that the first of his knowing her was at Mr Leonard Brookes and that she the said Irish Nell appeared to him at the time to be about forty years old that Nell had a Daughter called Abigail that when he first knew her she was about nine or ten years old and lived at Leonard Brookes's and that he this Deponent was then about twenty or twenty one years old. And that he has often heard that William Butler was the Son of the said Abigail and that Irish Nell was a White Woman and that when he first knew Irish Nell he was about twenty or twenty one years old.

Thomas Beach
his + mark

Sworn to in Open Court 28th Octr: 1767

Test R Ghiselin Clk

William & Mary Butler
agt
Richard Boarman

In the Provincial Court May 27th 1767 Ann Whitehorn Aged Seventy six Years the Eleventh Day of December next being first sworn on the Holy Evangels of Almighty God in Open Court Deposeth and saith that William Butler one of the Petitioners is a Son of Eleanor Butlers Daughter named Elizabeth commonly called Abigail which said Elizabeth this Depoant saith was near her Age but something younger that they were Girls together and lived within two miles of each other and that she never knew or heard that the said Eleanor Butler was in a State of Slavery that he frequently used to come and See her Children and Stay with them for a Month and Longer at a time as other free people do that she never knew or heard that the said Eleanor Butler was married to a Negro that the said William Butler is as she believes about forty four years old that the said Elizabeth Mother of the Petitioner has been dead about thirty years that she knew Eleanor Butler from the time she this Deponant was seven years old or thereabouts to the Time of the said Eleanors Death and (that)   that she the said Deponant always lived within a Mile or two of Elizabeth commonly called Abigail Daughter of the said Irish Nell and that the said Eleanor was a Midwife and lived Chiefly among the Boarmans in Charles County without being Confined to any particular place that she knows of That Eleanor Bore three or four Children after she this Deponent knew her and at the time of her first knowing her was a child bearing woman That Eleanor she believes was about forty years old when she died but does not know how Long it is since her Death. That one of the Children which the said Eleanor used to go and See was at Richard Boarmans that is now, but then Leonard Brooke's in Saint Marys County and another at Richard Brookes in Saint Marys County. That she heard but dont know from whom That Leonard Brooke's wife was of the Family of the Sanders; who the Wife of Richard Brooke's was that she never heard maybe she was a Sly. She thinks she has heard so and further saith not.

Ann Whitehorn her x mark

William & Mary Butler
agt
Richard Boarman

In the Provincial Court 27th May 1767 Samuel Abell Junr Aged fifty years next March being first Sworn on the Holy Evangels of Almighty God in Open Court Deposeth and Saith that in April one Thousand Seven hundred and sixty four as well as he can remember he was at Annapolis attending the Provincial Court with Mr Edwards and Lodged at one House and Mr Richard Boarman the Defendant came to their Lodgings and in discourse about the matter now in question he the said Boarman told him and Edwards that Lord Baltimore a good many years ago came into this Country to live and brought with him a woman named Butler whose Christian name he do not remember to Wash and Iron and boarded with his Grand father and that some time after they had been there the said Woman called Butler fell in Love with one of his Grand fathers Negroes and wanted to Marry him and upon my Lord being informed that She wanted to Marry the Negro My (Lord)   Lord sent for her in and Chid her and told her that if She Married the Negro She would by that means enslave herself and her Posterity upon which the Woman told him that She had rather Marry the Negro under them Circumstances than to Marry his Lordship with his Country upon which he told her She might go and Marry him and be Damned. Accordingly She went and was Married to the Negro and of that Marriage came those two Negroes William and Mary Butler the Petitioners upon which he this Deponant or Mr Edwards he dont remember which of them asked him if those were not a good many of that Family he said there was about one hundred and twenty of them but the Negroes by their Count made near three hundred of them for that they had taken even some Salt Water Negroes into their Count and upon Asking him how they came to be Slaves as they came of a white Woman and he said he Claimed them by a Law of this Province whereby White Women Marrying of Slaves should become Slaves to the House of their Husbands Master and He took out of his Pockett a Paper which he said was a Coppy of the Act and it appeared to be a Copy of an Act and under that Act he Claimed them and thinks as well as he can remember he said Mr Darnall Copyed it for him Afterwards this Deponent and Mr Edwards were talking about the matter and that they would be summoned as Evidences upon which Mr Boarman said he only spoke to them as friends and desired they would say nothing about the matter and after they the said Deponant and Edwards went home several people came to him and asked what the Conversation was which passed between him and Boarman upon which he knew he never told any Body and when he See Mr Edwards she asked him how he came to tell of it he said it was no Secret Mr Boarman had told it to fifty people besides and further saith not.

Saml Abell Junr

Sworn to in Open Court
Test R Ghiselin Clk

 

Wm and Mary Butler
a
Richard Boarman

In the Provincial Court 27th May 1767

Nathaniel Suit Aged forty years the twenty Second Day of July next being first Sworn on the Holy Evangels of Almighty God in open Court deposeth and saith That his Father Nathaniel Soot at the Time of his Death was in the Eighty ninth year of his Age and that he has been dead ten years Last April and that about seventeen or Eighteen years ago he told his Father that Ned Butler had Sued for his Freedom and his Father said he was a Foolish Dog would never get Free nor none of Irish Nells Children for She was Married to a Negro Fellow of Major Boarmans named Charles and that Enslaved them all and said he was there when they were Married and was a small Boy and went there with his Mother and thinks his Father said they wanted him to kiss the Bride of she wanted to kiss him or did kiss him and he ranaway and further saith not.

Nathaniel Suit

Sworn to in Open Court.
Test R Ghiselin Clk

William & Mary Butler
a
Richard Boarman

William McPherson Aged Sixty Years the fifth Day of September next being first Sworn on the Holy Evangels of Almighty God in Open Court deposeth and Saith that he knew Eleanor Butler Commonly called Irish Nell about fifty years ago when Pomphrey John Sanders Married Major William Boarmans Widow[?] and brought his Wife home he saw Irish Nell and a Negro Charles at the said Sanders's That he has seen Nell and Charles together and that Negro Charles called the said Nell his Old Woman and She called him her Old Man That he never knew of the said Nell being hold as a Slave That when Charles went to Saunders's Quarter Nell went there also and acted as a Cooke that Nell appeared to him to be an Old Woman and bore no Children after his knowledge of her That he knew a Daughter of her's called (Kate)   Kate that Kate was the Mother of Pegg and that Pegg was the Mother of Moll and of the Petitioners that he first knew Kate about forty two years ago that She then had Children and died about Seven or Eight Years ago, and thinks she must in his Judgment have been Seventy Years old if not more at the time of her death That Eleanor Butler hath been dead about Thirty eight Thirty Nine or forty years ago that he knew two other Daughters of the said Eleanor called Moll and Nan that Nan was the youngest of the three and he believes Moll Younger than Kate that John Saunders hired Negro Charles to Nasy Boarman that Eleanor Butler either came with him or followed him there and acted as a Free Woman and took in spinning and acted as a Midwife that Charles was afterwards hired to Saunders's Son and moved away from Nasy Boarmans but that Eleanor Butler stayed at Nasy Boarmans till She died that the said Eleanor appeared to him much Broken and an Old Woman when She died, that when Eleanor first came into the Country She lived with Major William Boarman as he has Heard that the Children of Nell before spoken of in this Deposition were held as Slaves That is Kate by John Baptist Boarman Pegg by Ignatius Boarman and Moll was born at Ignatius Boarmans and fell to a Son of the said Boarmans called Francis Boarman that he knew Ned Butler pretty near twenty seven or twenty eight years ago That he was then a Man grown and Appeared to him to be about twenty seven or twenty eight years old.

Will: McPherson

Sworn to in Open Court

Test R Ghiselin Clk

 

Richard Boarman
ads
Wm & Mary Butler

In the Provincial Court May 27th 1767

Edward Edelon Aged fifty years as thereabouts being first Sworn on the Holy Evangels of Almighty God in open Court Deposeth and saith That he heard his Father Richard Edelen Say a little before he died which S was seven years next Fall that he was Eighty nine Years Old or thereabouts and that he heard his Father Say he went to Major Boarmans one Morning and when he came there he said My Lord Baltimore was there and then lived there and he heard Lord Baltimore ask for Eleanor Butler a Servant Woman of Major Boarmans when She came to him he said I understand you are going to be Married to Day to Negro Charles he said to her what a Pitty so Likely a young Girl as you are should fling herself away so as to Marry a Negro and he said not only that but you'l make Slaves of your Children and their posterity and he heard his Father Say he did not Stay to See them Married but he understood they were Married that Day and lived together afterwards as Man and Wife This Conversation with his Father happened about Twenty Years ago that he says that his Sister married one of the Boarmans who had some of the Defendants of Nell Butlers and her Children as he has heard now Claims them & further saith not

Edward Edelen

Sworn to in open Court.
Test R Ghiselin Clk

Richard Boarman
ads
Wm and Mary Butler

In the Provincial Court May 27, 1767

Benjamin Jameson Aged forty eight Years Last November being first Sworn on the Holy Evangels of Almighty God in Open Court deposeth and saith That he has heard his Mother who is now dead Say that She has heard Old Madam Witham who is also dead Say That She Saw Irish Nell or Nell Butler he's not certain which Married to Negro Charles That the said Charles at that Time belonged to Old Major Boarman further he has heard her Say She heard Old Mrs Doynes who is also Dead (Say)   That She was at Major Boarmans when they were Married and thinks She See Them Married and further has heard her Say that She heard one Old Ann Short who is also Dead Say She was at major Boarmans when they were Married and thinks said She seen them Married and also heard Old Mrs Ruthorn who is also Dead Say that She was at Major Boarmans when the same Nell and Charles as She understood was Married but that She did not See them Married that She heard several people wish them much Joy and that She behaved as a Bride and that he has heard his Mother Say that She heard many People Say that My Lord was at Major Boarmans at the time when they were Married and Cautioned this Nell Butler against that before they were Married that if she married Negro Charles She would Enslave herself, and all her Posterity My Lord Asked her how She would Like to go to Bed to a Negro She Answered him that She rather go to Bed to Charles than His Lordship. That he heard Mr Yates who was a Majistrate of Charles County and now also Dead Say That they were Married under a Law that made them Slaves. That Mr. Yates at the time of his Death was about fifty or Sixty Years Old as he Apprehends. That Mr. Yates was not a Native of this Province as he believes and was a Man when he first Saw him he Says he knew Ned Butler when a Man grown that he appeared to him to be above twenty or near thirty or more about Seventeen or Eighteen Years ago but that he is unable to form any Judgment of what Age he was and further Saith not.

Benja Jameson

Sworn to in Open Court.
Test R Ghiselin Clk

Richard Boarman
ads Wm and Mary Butler

In the Provincial Court 27 May 1767

Thomas Bowling Aged Sixty tree years last March being first Sworn on the Holy Evangels of Almighty God Deposeth and Saith

That in some discourse with his Mother who is now Dead I heard her Say that in some Discourse with Irish   Irish Nell about her Marriage with a Negro Irish Nell told her the Day she Expected to be Married She was early up intending to Clean the House out and a Gentleman whether it was Lord Baltimore or any other person he cant remember Asked her if She was the Girl that was to be Married that Day to the Negro She said Yes he then Chid her and told her She would put a Mark by that upon her Children and bring them into Slavery that it She would Marry a White Man her Children might be of Credit in the World otherwise they would be in Slavery upon which She fell a Crying and said it was to Choice She would rather have Charles than have your Lordship or his Lordship he can't tell which upon which he said Marry him if you will and so we were Married and that this Conversation between him and his Mother happened about thirty Years ago That he knew Kate a Daughter of Irish Nell who had a Daughter named Pegg who had several Children that he understood Jack was the Eldest Child of Irish Nell That he knew Jack about fifty four or fifty five years ago and then he appeared to be one or two and twenty Years of Age that several Young People were with him in the Yard who he knew to be about one or two and twenty and that he appeared to be of their age he himself at that time being Six or Seven Years old That he always understood the Descendants of the said Irish Nell were held in Slavery during his remembrance and that several of them who he knew were held as Slaves that he knew Leonard Brooke who he always understood Married Major Boarmans Daughter and Richard Brooke and his Wife Clear which Clear was the Daughter of Major Boarman. That he this Deponant from his Infancy Lived in the Neighbourhood of Boarmans Family in Charles County until he was forty Years Old and then removed into Prince Georges County

That he was nine or ten years Old his Mother Sent (him)   him for Corn and then he Saw Ned Butler at his Master Joseph Piles his House and that the said Ned Butler was a Size Bigger than himself and that he Judged himself, to be a Year or two Older than himself. That he has heard that on Hubbert was a Roman Priest and lived in the Neighbourhood near Major Boarmans That it was before his Time and that he never Saw him as he knows of that one Haddock Succeeded him and that he knew him very well and that Mr Hubbert died an Old Man as he has heard That he does not know whether Nell was a Slave or not for when he knew her She was Old and past her Labour

Thomas Bowling

Sworn to in Open Court.
Test R Ghiselin Clk

Richard Boarman
ads
Wm and Mary Butler

In the Provincial Court 27th May 1767

William Simson Aged Sixty nine Years being first Sworn on the Holy Evangels of Almighty God in Open Court deposeth and Saith That as for Irish Nell and her Husband [illegible] he knows any Body he knew them Likewise he knew Kate who came from them and he knew the Grand son Ned who went for Kates Son And he the said Ned and himself were Pretty [illegible] of an Age and were Children and Played together his Master put him out to Work and his Master go this Deponent to work with him he kept on to work for some time and then went away from this Deponent down to his Master called Billy Neale who Lived at Kob[?] that He has heard his Father Say he was at the Wedding of these two Old People called Nell Butler and Charles and saw them Married and heard him tell Captn Redhead[?] he was at the Wedding and a fine Wedding it was the Catn told his Father She was a foolish Woman for Marrying the Negro for that it would make herself and her Children Slaves forever after And as for the [unclear] Couple he used to Work abroad and doth not know whether they lived or died   Slaves that the Time he went to work abroad he was two or three and twenty that he remembers Nell Butler and Negro Charles and they passed as Man and Wife and called themselves so and that Charles he believes was a Salt Water Negro and always understood was a Slave of Major William Boarman That his this Deponents Daughter Married Baker Brooke's who had one or two Mulatto's who he understood were of the Family and that Baker Brooke and his Wife were both Dead without Children That Baker Brooke did not get these Mulatto's by his Wife That he knew the people when he was two or three and twenty years old by that they did not come into his Walks after he went away to Work being asked how Old Nell was when he first knew her said it was a great While ago and that he don't know not very Old about Thirty or Perhaps forty years Old. That he has heard his Father talk of one Mr Hubbert being a Roman Priest and that he used to preach at a Chappell pretty nigh Major Boarmans and that this Deponant dont remember ever to have seen him and further Saith not.

Wm Simpson

Sworn to in Open Court
Test R Ghiselin Ck

Richard Boarman
ads
William & Mary Butler

In the provincial Court 27th May 1767

Joseph Jameson Aged fifty two Years next December being first sworn on the Holy Evangels of Almighty God in Open Court deposeth and saith That he knew Irish Nell very well that she lived at Mr Nasy Boarmans within a Mile of his Fathers that She had a Daughter living with her who died as a Slave of Mr Boarman and being Asked how he knew She was a Slave Sayes She worked among the other Slaves and lived as they did She then died and Mr Boarman sent for a Spade and he went and give it out of the Mill and went with them to the place where they put in her in the Ground the Old Woman Nell was Lamenting the Loss of her Daughter and said it was the greatest Loss   She had met with since She was Married some one there by standing Asked her who Married her and she answered one Mr Hubbert since that about 36 or 37 Years ago Mrs Doynes happened at his Fathers Major Boarmans Charles was there of an Errand Sent and his Mother said to Mrs Doynes there was Major Boarmans Charles the Husband of Elenearo Butler who Mrs Doynes said she and Madam Witham Saw Married and the Morning before they were Married My Lord Baltimore then was living at Major Boarmans was pleased to ask this Eleanor Butler whether She was going to be Married to Negro Charles that Day or not her answer to him was She hoped She was that Day to be Married who said to her he was Surprised She was going to Marry a Negro which She was likely enough to Marry some one of her own Colour her Answer was She had much rather be Married to Negro Charles than his Lordship he then Said She did not Consider what She w as about or going to do for that She did not bring only Slavery upon herself but all for Posterity. That he knew Negro Charles and that he was always reputed to be a Negro Slave of Major William Boarman That the said Negro Charles and Irish Nell were always deemed as Man and Wife and did acknowledge themselves as such That he knew several Children of Nell Butlers named Kate Moll and Nan that Kate had a Child named Pegg who was the Mother of Moll that he believes Kate at the Time of her Death was between Sixty and Seventy Years Old That all the Descendants of the said Nell that he knew lived and died Slaves they working and Living as such except the said Kate who he had heard from the Neighbourhood and one spalding had purchased her Freedom and further saith not.

Joseph Jameson

Sworn to in Open Court.
Test R Ghiselin Ck

 

William & Mary Butler
a
Richard Boarman

In the Provincial Court 27th May 1767

Mary Crossen Aged Seventy four years the fifteenth Day of February next being first Sworn on the Holy Evangels of Almighty God in Open Court deposeth and Saith that she knew Eleanor Butler a White Woman commonly called Irish Nell that She was Settled by Nasy Boarman then a single Man with her Children at a place when Gerrard Boarman now lives called Zachiah Swamp near the Old Bridges that She lived within two Miles of Irish Nell that She knew some of her Children one called Kate the other Moll that She knew Nell as Long as She can remember and that she Supposes She was twelve or fourteen years old when She first took an account of her Kate Nells Daughter has been Dead between Six & Seven years Kate had several Children Two of them She knew Jack & Jenny That Kate was upwards of fifty years old when She died that Kate and Moll when she first knew them were young women and that she thinks Kate was fourteen or fifteen years older than herself but cannot be certain and that Kate was Older than Nan that She does not know that Nell was a free Woman but appeared to her to do as She pleased That She was a Hard Labouring body and made Good Crops and She believes Mr Nasy Boarmans Family got them That She has heard that Kate had a Daughter Called Pegg to the best of her knowledge That She has heard that Nell had a Daughter called Abby and further saith not.

Mary Crosen
her N mark

Sworn to in Open Court
Test R Ghiselin Ck

 

Charles County Sct September 17th 1765 Mrs Elizabeth Warren Aged sixty two years being duly sworn deposeth and saith that She knew Negro Charles who was a Slave to Mr William Boarman Sixty Years ago as also a White Woman named Nell which said Slave and White Woman She understood from all her Acquaintance of them times to be Man and Wife and never heard it disputed till some few years ago And this Deponent further saith that as far back as She can remember She Saw a Negro Man named Jack at Major Wm Boarmans a Person who went for the Son of the aforesaid Charles and Nell that She always understood from the neighbours he was a Slave to said Boarman that said Jack runaway from his said Master that Mr Boarmans Son followed him to the Lower parts of Virginia and that said Jack brought his Freedom that he never returned as She knows of

Elizabeth Warren
her x mark

Charles County Sst I Certifie that the above Deposition was taken at the Instance of Mr George Boarman in the presence of Negro Will Butler this 17th September 1765.

By Geo Dent.

September the 18th 1765 Mr Samuel Love Senior Aged Seventy nine or thereabouts being duly Sworn on the Holy Evangilist of Almighty God Deposeth and Sayeth that his Mother and Grand Mother & Old Mr Richard Edlin and several other People about Seventy Years ago he has often hearn them Say that a Negro Man Slave called John   Slave to Major William Boarman was married to Eleanor Butler and he has often hearn it said they always went as man and wife another deponent say he often heard Eleanor Butler called the said Negro John her husband and he saith he never heard the said Eleanor Butler had a base born child

Samuel Love Senr
his S mark

Chas County September the 18th 1765 I certify that the above deposition was taken before me

John Winter

Saint Marys County The deposition of John Branson aged Eighty two years some time next month being first sworn on the holy Evangelists declares that sixty two years ago he this deponant workt at William Boarmans in Charles County at which time a Mulatto man called Jack was put to work with him which he was informed was a son of a white woman called Irish Nell and at that time he declares that the said Jack was about twenty four or five years old and that he understood the said Jack was a Slave and that it was occasioned by his mother intermarrying with a Slave belonging to the aforesaid William Boarman and farther the deponent saith not. Taken before us the Subscribers two of his Lordships Justices of the County aforesaid this 19th day of September Anno Domini 1765

Zach Bond
Tho Bond

True Copies
R Ghiselen Cl Provl Court

And it is ordered by the Court that this cause be continued until next Court At which said next Court to wit the third Tuesday in February being the nineteenth day of the same month Anno Domini 1771 It is further ordered by the Court this cause be further continued until next Court. At which said next Court to wit the third Tuesday in May being [torn page] twenty first day of the same month Anno Domini 1771 this cause came on to be argued Whereupon all and singular the premises being by the Court here seen heard and fully understood and mature deliberated[?] thereupon had It is ordered by the Court here that the Judgment of[?] the Provincial court be reversed and the Appellees remanded back to Slavery.

Test James Brookes Clk Ct Appls

In testimony that the aforegoing is a true Copy from the Records and proceedings of the Court of Appeals I have hereto set my hand and affixed the Seal of said Office this 22d day of May Anno Domini 1784

Thos D. Merrick Cl Ct App

Boarman
a
Butler

Copy Judgt

Cost £ 3.3.9