William Butler v. Samuel Bond. Judgment Record

 

William Butler
against
Samuel Bond.

Be it remembered, that heretofore towit: on the Seventh day of December in the year of our Lord One thousand seven hundred and ninety; William Butler by Henry Ridgely his attorney prefered and filed in Court here his Petition for Freedom against   Samuel Bond, in the words and of the tenor following towit To the Honorable Judges of the General Court; The Petition of William Butler humbly sheweth that he is held as a Slave by Samuel Bond of Prince Georges County, altho' he is entitled to his Freedom, being descended from a free white woman whose name was Eleanor Butler; Your Petitioner is the son of Sarah Butler, who was the Daughter of Eleanor Butler, who was the Daughter of Sarah Butler who was the Daughter of Eleanor Butler the Free white woman aforesaid: He therefore prays your Honors to take his case into consideration, and discharge him from the custody of the said Samuel Bond, and that Summonses may Issue for his Witnesses & soforth. H. Ridgely for Petitioner.

Thereupon, on motion of the said William Butler by his attorney aforesaid it is ruled and ordered by the Court here that the said Samuel Bond do not remove the said William Butler out of this State, nor obstructs him from attending this Court from time to time in support of his Petition for Freedom preferred to the Court here; and in the mean time to feed, cloath and use the said William Butler well: It is further ruled & ordered by the Court here, that the writ of the State of Maryland of Summons issue forth out of the General Court here against the said Samuel Bond to answer unto the said Petition of the said William Butler, which issues accordingly, directed to the Sheriff of Prince Georges County in the worlds and of the tenor following towit The State of Maryland Sct To the Sheriff of Prince Georges County, Greeting: We command you that you Summon Samuel Bond late of Prince Georges 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 the Petition of William 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 24th day of November Anno domini 1790.

Issued the 7th day of December 1790. (H.R.) John Gwinn Clk

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, and the day of the return of the aforegoing Summons, comes into the General Court here, the said William Butler by his   his attorney aforesaid; and the Sheriff of Prince Georges County aforesaid to whom the said Summons was in form aforesaid directed, makes return thereof to the Court here thus endorsed towit: "Summoned. Edwd Lloyd Wailes, Shff." And the said Samuel Bond being so forewarned now comes into the General Court here, 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 October next; the same day is given to the parties aforesaid then, andsoforth.

At which 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 William Butler by his attorney aforesaid, as the said Samuel Bond 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, and soforth.

And now at this day towit, the said second Tuesday of May being the Eighth day of the said month in the year of our Lord One thousand seven hundred and ninety two, come again into the General Court here as well the said William Butler by his attorney aforesaid, as the said Samuel Bond by his attorney aforesaid: and the said William Butler by his attorney aforesaid files in Court here, the Deposition of Joseph Butler, which is in form following towit.

Jane Butler
vs
Joseph Sim

Joseph Butler aged fifty one or two years, being duly sworn on the Holy Evangely of Almighty God deposeth & saith, that he well knows Jane the Petitioner against Joseph Sim, she is the sister of Nace who obtained his Freedom on a Petition against the said Joseph Sim, and is Daughter of Rebecca who obtained her Freedom against Mrs Shervin. And he further saith that he well knows Will Butler who Petitioned against John Laidler[?]; he is son of Sarah who is Daughter of Betty & Sister of Jacob Butler who obtained his Freedom on a Petition against Eleanor Taney. And he further saith that he well knows Lydia Butler aged about Seventeen years who petitioned against Anne Digges of Charles County and Sarah Butler sister of the said Lydia who petitioned against the same person; they are the Daughters of Letty, sister of the Deponent, which Letty is Daughter of Sarah who was Daughter of Sarah who was Daughter of Eleanor Butler a Free   white woman. And he further saith that he well knows William Butler who has petitioned against Samuel Bond of St Mary's County, he is son of Sarah who is daughter of Nell who was Daughter of Sarah who was Daughter of Irish Nell as this Deponent has always understood. And he further saith that William Butler who has petitioned against Joseph Neale he well knows and he is the son of Henny now deceased who was Daughter of Nanny also deceased, who this Deponent has always understood was the Daughter of Irish Nell, and this Deponent being told that he once proved the said William to be the Daughter of Sarah, saith it was not so intended, nor did he mean to swear to any such thing the fact being otherwise, but supposes it happened from several persons being mentioned together and he did not understand the Deposition when read to be as it now appears; and he further saith that Anne who petitioned against John Keech is sister of the said William & Daughter of Henny aforesaid now deceased. Sworn to this    day of May 1792. Before Bullen Whereupon, the said Samuel Bond by his attorney aforesaid, saith that he cannot deny the complaint aforesaid of the said William Butler the Petitioner aforesaid, so as aforesaid made, nor but that the said William Butler, the petitioner aforesaid, is entitled to his Freedom, being descended from a Free white woman whose name was Eleanor Butler, in manner and form as the said William Butler by his said Petition to the Court here preferred against him the said Samuel Bond above hath alleged; and thereupon, the said William Butler by his attorney aforesaid prays that he may be dismissed and discharged from the service of the said Samuel Bond, together with 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 William Butler the Petitioner aforesaid, recover of and against the said Samuel Bond his Freedom, and that he be hence freed and discharged of and from the service of the said Samuel Bond, and that he the said William Butler the Petitioner aforesaid, go freed and discharged thereof without day, andsoforth, and it is further considered by the Court here, that the said William Butler the Petitioner aforesaid, recover against the said Samuel Bond the quantity of Seven hundred and twenty six pounds of tobacco by the Court here, unto the said William Butler on his assent adjudged for his   his costs and charges by him about the prosecution of his s aid Petition in this behalf laid out and expended, and that he have thereof his Execution, andsoforth.

Test. John Gwinn Clerk