William Butler v. John Laidler. Judgment Record

 

William Butler
against
John Laidler.

Be it remembered that heretofore, towit, on the Twenty ninth day of July in the year of our Lord One thousand seven hundred and eighty nine; William Butler by Gabriel Duvall his attorney, preferred and filed in the General Court here, his Petition for Freedom against John Leidler, which is in form following towit: To the Honorable the Judges of the General Court. The Petition of William Butler, humbly sheweth, that he is held in slavery by John Leidler of Charles County, although he is entitled to his Freedom, being the son of Sarah Butler who was the Daughter of Bess Butler, who was the Daughter of Eleanor Butler a Free white woman. Your Petitioner therefore prays your honors to direct summons to issue against the said John Leidler & that the premises considered he be discharged; and he will pray & soforth. G. Duvall 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 John Laidler do not remove the said William 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 William 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 John Laidler to answer unto the said Petition of the said William Butler; which said Summons issued accordingly directed to the Sheriff of Charles County in form following towit. The State of Maryland Sct To the Sheriff of Charles County, Greeting: We command you that you summon John Laidler late of Charles 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 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 Robert Hanson Harrison Esquire, Chief Judge of our said Court the Twenty Sixth day of June in the year of our Lord One thousand seven hundred and eighty nine. (G Duvall)

Issued the 29th day of July 1789. 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 William Butler by his attorney aforesaid; and the Sheriff of Charles County aforesaid to whom the said Summons was in form aforesaid directed, makes return thereof to the Court here, thus endorsed towit. "Summoned, Thos A. Dyson, Sheriff." And the said John Laidler, being so forewarned, 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 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, comes again into the General Court here, as well the said William Butler by his attorney aforesaid, as the said John Laidler 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.

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 William Butler by his attorney aforesaid, as the said John Laidler 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 a gain into the General Court here, as ell the said William Butler by his attorney aforesaid, as the said John Laidler 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.

At   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 John Laidler 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 William Butler by his attorney aforesaid, as the said John Laidler 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 the words and of the tenor 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 Nase, 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 was 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 John Laidler 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 the son of Sarah Butler who was the Daughter of Bess Butler, who was the Daughter of Eleanor Butler a Free white woman, in manner and form as the said William Butler, by his said Petition to the Court here preferred against him the said John Laidler, 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 John Laidler, 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 John Laidler, his Freedom, and that he be hence freed and discharged of and from the service of the said John Laidler, 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 John Laidler, the quantity of Five hundred and thirty four pounds of tobacco, by the Court here, unto the said William 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 Clerk.