Chloe Butler v. Nicholas L. Sewall. Judgment Record

 

Chloe Butler
against
Nicholas Lewis Sewall

Be it remembered, that heretofore towit, on the Twenty fifth day of September in the year of our Lord One thousand seven hundred and ninety; Chloe Butler by Thomas Du Hurst Merrick her attorney, preferred and filed in the General Court here, her petition for Freedom against Nicholas Lewis Sewall, which is in form following towit. To the Honorable the Judges of the General Court. The Petition   of Cloe Butler humbly sheweth to your Honors, that your Petitioner is well entitled to her Freedom being the descendant of a Free white woman but is illegally and unjustly detained in Slavery by Nicholas Lewis Sewall of Saint Marys County although the said Sewall is well informed of the justice of your Petitioners claim to Freedom. May it please your honors to compel the said Nicholas Lewis Sewall by process from this Court to appear and answer the permises, and also to grant Subpoenas for Walter Pye of Charles County and Ann Boarman of Saint Marys County to testify for your Petitioner and grant such further relief to your Petitioner as shall be consonant to justice and as to your Honors shall seem meet, and your Petitioner andsoforth.

T. D. Merrick for Petitioner

Whereupon, the said Chloe Butler by her attorney 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 Nicholas Lewis Sewall, directed to the Sheriff of Saint Mary's County in form following towit. The State of Maryland Sct To the Sheriff of Saint Marys County, Greeting, We command you that you Summons Nicholas Lewis Sewall that all delays and excuses 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 Cloe 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 Thomas Johnson Esquire Chief Judge of our said Court the 17th day of June 1790. Issued the 25th day of September 1790 (T.DM.) Jno Gwinn Clk

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, and the day of the return of the aforegoing Summons, comes into the General Court here, the said Chloe Butler by Gabriel Duvall her attorney; 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. "Not Summoned. P. Ford, Shff." Nevertheless, comes into the General Court here voluntarily, the said Nicholas Lewis Sewall 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   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 Chloe Butler by her attorney aforesaid, as the said Nicholas Lewis Sewall 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, 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 Chloe Butler by her attorney aforesaid, as the said Nicholas Lewis Sewall by his attorney aforesaid; And the said Chloe Butler by her attorney aforesaid files in Court here the Deposition of John Butler, which is in form following to wit. (Here insert it, as entered in this Book in pages 21 & 22 &ca) Whereupon, the said Nicholas Lewis Sewall by his attorney aforesaid, saith, that he cannot deny the Complaint aforesaid of the said Chloe Butler, the petitioner aforesaid, so as aforesaid made, nor but that the said Chloe Butler, the Petitioner aforesaid, is entitled to her Freedom, being the descendant of a Free white woman in manner and form as the said Chloe Butler the Petitioner aforesaid by her said Petition to the Court here preferred against him the said Nicholas Lewis Sewall above hath alleged; and thereupon, the said Chloe Butler the petitioner aforesaid, by her attorney aforesaid prays that she may be dismissed and discharged from the Service of the said Nicholas Lewis Sewall, together with her costs and charges by her about the prosecution of her said petition, to her to be adjudged, andsoforth, Therefore it is considered by the Court here, that the said Chloe Butler the Petitioner aforesaid, recover of and against the said Nicholas Lewis Sewall, her Freedom, and that she be hence freed and discharged of and from the service of the said Nicholas Lewis Sewall, and that she the said Chloe Butler the Petitioner aforesaid, go freed and discharged thereof without day, andsoforth: And it is further considered by the Court here, that the said Chloe Butler the petitioner aforesaid recover against the said Nicholas Lewis Sewall the quantity of Six hundred and twenty seven pounds of tobacco, by the Court here unto the said Chloe Butler on her assent adjudged, for her costs and charges by her about the prosecution of her said Petition in this behalf laid out and expended, and that she have thereof her Execution, andsoforth.

Test John Gwinn Clk