Samuel Butler v. William Bond. Judgment Record

 

Samuel Butler
against
William 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; Samuel Butler by Henry Ridgely his attorney preferred and filed in the General Court here, his Petition for Freedom against William Bond, which is in the words and of the tenor following towit. To the honorable the Judges of the General Court. The Petition of Samuel Butler humbly Sheweth, that he is held as a Slave by William Bond of Saint Mary's 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   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 William Bond, and that Summons may Issue for his Witnesses, andsoforth. H. Ridgely, for Petitioner.

Thereupon, on motion of the said Samuel Butler by his attorney aforesaid it is ruled and ordered by the Court here, that the said William Bond do not remove the said Samuel Butler out of this State, nor obstruct 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 Samuel Butler well: It is further ruled and 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 William Bond to answer unto the said Petition of the said Samuel Butler; which issued accordingly, directed to the Sheriff of Saint Mary's County in the words and of the tenor following towit. The state of Maryland Sct To the Sheriff of Saint Mary's County, Greeting We command you that you Summon William Bond 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 May next to answer the Petition of Samuel 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) Jno 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 Samuel 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. N.E. P. Ford, Shff. Nevertheless, the said William Bond by Philip Barton Key his attorney, comes into the General Court here, voluntarily: 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 Samuel Butler by his attorney aforesaid, as the said William 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, andsoforth.

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 Samuel Butler by his attorney aforesaid, as the said William Bond by his attorney aforesaid: And the said Samuel Butler by his attorney aforesaid files in Court here the Deposition of Joe Butler, which is in form following towit.

Samuel Butler
vs
William Bond

Joe Butler aged about 52 years being sworn, saith that he knows Sam the Petitioner, and that he is the son of Sarah who lives with Henry Southron, which said Sarah is the Daughter of Nell who is the Daughter of Sarah and that Sarah is the Daughter of old Irish Nell. Sworn before Bullen.

And Whereupon the said William Bond by his said attorney, saith, that he cannot deny the complaint aforesaid of the said Samuel Butler, the Petitioner aforesaid, so as aforesaid made, nor but that the said Samuel 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 Samuel Butler by his said Petition to the Court here preferred against him the said William Bond, above hath alleged; and thereupon, the said Samuel Butler by his attorney aforesaid, prays that he may be dismissed and discharged from the Service of the said William 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 Samuel Butler, the petitioner aforesaid, recover of and against the said William Bond, his Freedom, and that he be hence freed and discharged of and from the service of the said William Bond, and that he the said Samuel Butler, the petitioner aforesaid, go freed and discharged thereof without day, andsoforth. And it is further considered by the Court here, that the said Samuel Butler, the petitioner aforesaid, recover against the said William Bond, the quantity of six six hundred and forty nine pounds of tobacco, by the Court here unto the said Samuel 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