Ralph Butler v. John Lucas. Judgment Record

 

Ralph Butler
against
John Lucas

Be it remembered that heretofore towit on the Fourteenth day of May in the year of our Lord One thousand seven hundred and eighty nine; Ralph Butler by Gabriel Duvall his attorney, preferred and filed in the General Court here his Petition for Freedom against John Lucas, which is in form following towit. To the Honorable the Judges of the General Court. The Petition of Ralph Butler humbly Sheweth that he is held in Slavery by John Lucas of St Mary's County altho' he is entitled to his Freedom being the son of Nelly Butler who was Daughter of Jane Butler who was Daughter of Eleanor Butler a Free white woman. Your Petitioner therefore prays your Honors to direct Summons to issue against the said John Lucas and that the premises considered he be discharged and he will pray and soforth.

G. Duvall for Petitioner.

Whereupon, the said Ralph Butler by his attorney aforesaid prosecuted and sued forth out of the General Court here, to writ of the State of Maryland of Subpoena ad respondendum against the said John Lucas directed to the Sheriff of Saint Marys County in form following towit. The State of Maryland Sct To the Sheriff of Saint Mary's County, Greeting. We command you that you Summon John Lucas late of Saint Mary's 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 October next to answer the Petition of Ralph Butler 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 Robert Hanson Harrison Esquire   Chief Judge of our said Court the 26th day of June Anno domini 1789. Issued the 29th day of July 1789. GD. Jno Gwinn Clk.

At which said Second Tuesday of October being the Thirteenth day of the said month in the year of our Lord One thousand seven hundred and eighty nine, and the day of the return of the aforegoing Summons comes into the General Court here, the said Ralph Butler by his attorney aforesaid; and the Sheriff of Saint Mary's County aforesaid to whom the said Summons was in form aforesaid directed, makes return thereof to the Court here thus endorsed towit. "Summoned 17th August. P. Ford, Sheriff"

Whereupon, comes into the General Court here, the said John Lucas by Philip Barton Key his attorney; 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 May next; the same day is given to the parties aforesaid, then, andsoforth.

At which said Second Tuesday of May being the Eleventh day of the said month in the year of our Lord One thousand seven hundred and ninety, come again into the General Court here as well the said Ralph Butler by his attorney aforesaid, as the said John Lucas 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 parties aforesaid, then and soforth.

At which said second Tuesday of October being the Twelfth day of the said month in the year of our Lord One thousand seven hundred and ninety, come again into the General Court here, as well the said Ralph Butler by his attorney aforesaid, as the said John Lucas 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 parties aforesaid, then, andsoforth.

At which said second Tuesday of May being the Tenth day of the said month in the year of our Lord One thousand seven hundred and ninety one, come again into the General Court here, as well the said Ralph Butler by his attorney aforesaid, as the said John Lucas by his attorney aforesaid; Thereupon further process of and upon   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 parties aforesaid, then, andsoforth.

And now at this day towit, the said second Tuesday of October being the Eleventh day of the said month in the year of our Lord One thousand seven hundred and ninety one, come again into the General Court here, as well the said Ralph Butler by his attorney aforesaid as the said John Lucas by his attorney aforesaid: and the said Ralph Butler by his attorney aforesaid, files in Court here the Deposition of Clement Parsons and John Butler, which are in form following towit

Ralph Butler
vs
John Lucas

Peto for Freedom. The Deposition of Clement Parsons of Saint Marys County aged 62 years deposeth & saith that he hired the Petitioner of the Defendant three or four years ago; and he heard the Defendant say that if the Butlers got free who had the same equal right with Ralph, he should set Ralph Free without costs or trouble, and this Deponent understood from the Defendants conversation at the time that he admitted the Petitioner to be of the Butler Breed, and further he saith not. Sworn this 24th day of May 1791. Before the subscriber one of the Justices of Anne Arundel County. Allen Quynn

(here insert John Butler's Deposition, which is in this Book entered in pages 21 & 22)

Whereupon, the said John Lucas by his attorney aforesaid saith, that he cannot deny the complaint aforesaid of the said Ralph Butler the petitioner aforesaid, so as aforesaid made, nor but that the said Ralph Butler the petitioner aforesaid is entitled to his Freedom being the son of Nelly Butler who was the Daughter of Jane Butler who was the Daughter of Eleanor Butler a Free white woman, in manner and form as the said Ralph Butler by his said petition to the Court here preferred against him the said John Lucas above hath alleged; And thereupon the said Ralph Butler by his attorney aforesaid prays that he may be dismissed and discharged from the service of the said John Lucas together with his costs and charges by his costs and charges by him about the prosecution of his said petition to him to be adjudged, andsoforth: Therefore it is considered by the Court here, that the said Ralph Butler the petitioner aforesaid, recover of and against the said John Lucas his Freedom, and that he be hence freed and discharged of and from the service of the said John Lucas, and that he the said Ralph Butler the petitioner aforesaid, go freed and discharged thereof without day, andsoforth: And it is further considered by the Court here,   that the said Ralph Butler the Petitioner aforesaid, recover against the said John Lucas the quantity of One thousand three hundred and fifty seven pounds of tobacco by the Court here unto the said Ralph Butler on his assent adjudged, for his costs and charges by him about the prosecution of his said Petition in this behalf laid out and expended, and that he have thereof his Execution, andsoforth.

Test John Gwinn Clk.