Bridgett Butler v. Richard Bennett Mitchell. Judgment Record

 

Bridgett Butler.
against
Richard Bennett Mitchell.

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; Bridgett Butler by Thomas Du Hurst Merrick her attorney preferred and filed in the General Court here, her Petition for Freedom against Richard Bennett Mitchell, which is in form following towit: To the Honorable the Judges of the General Court. The Petition of Bridgett 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 Richard Bennett Mitchell of Charles County, although the said Mitchell is well informed of the justice of your petitioners claim to Freedom. May it please your honors to compel the said Richard Bennett Mitchell by process from this Court to appear and answer the premises, and also to grant Subpoenas for Walter Pye of Charles County and Ann Boarman of Saint Mary's 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 &ca T. D. Merrick for Petitioner.

Thereupon, on motion of the said Bridgett Butler by her attorney aforesaid, it is ruled and ordered by the Court here, that the said Richard Bennett Mitchell do not remove the said Bridgett Butler out of this State, nor obstruct her from attending this Court from time to time in support of her Petition for Freedom, preferred to the Court here; and in the mean time to feed, cloath and use the said Bridgett Butler well; It is further ruled and ordered by   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 Richard Bennett Mitchell to answer unto the said Petition of the said Bridgett Butler; which said Summons issued accordingly, directed to the Sheriff of Charles County, in the words and of the tenor following, towit: The State of Maryland Sct To the Sheriff of Charles County, Greeting: We command you that you Summon Richard Bennett Mitchell, 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 unto the Petition of Bridgett 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 Seventeenth day of June Anno domini 1790.

Issued the 25th day of September 1790. (T. D. M.) 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 Bridgett Butler by her 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, Shff." And the said Richard Bennett Mitchell being so forewarned, comes into the General Court here by William Craik 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, and soforth.

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 Bridgett Butler by her attorney aforesaid, as the said Richard Bennett Mitchell 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 Bridgett Butler by her attorney aforesaid, as the said Richard Bennett Mitchell 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 said parties, 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 Bridgett Butler by Gabriel Duvall her attorney, as the said Richard Bennett Mitchell by his attorney aforesaid: And the said Bridgett Butler by her attorney aforesaid files in Court here the Deposition of Elizabeth Butler, which is in the words and of the tenor following towit.

Abraham Butler vs Elizabeth Ridgate

Peto for Freedom. Elizabeth Butler aged about Sixty Seven years being Sworn on the Holy Evangely of Almighty God, deposeth & saith, that she has known Abraham, the Petitioner many years, and she thinks he was not above Seven years old when she first knew him; he is the son of Monica, whom this Deponent well knew; and she was the Daughter of Jenny, whom this Deponent has seen and can remember her; which Jenny was the reputed Daughter of old Irish Nell. This Deponent further saith that she knows Bridget, the Petitioner against Capt. Mitchell, & has known her ever since she was about seven years old; she is Daughter of Chloe, who has obtained her Freedom on a petition against Nicholas Lewis Sewall; and this Deponent well knows Fanny who petitions against Rinaldo Johnson; and Mary a Petitioner against the same person; and Henny a petitioner against Thomas Clagett, they are all the Daughters of the aforesaid Chloe who is the Daughter of this Deponent, and the Deponent was present at the birth of the said Henny, Fanny and Mary & has known them ever since. Sworn to this 30th day of December 1791. Before the subscriber, one of the Justices of Anne Arundel County. Allen Quynn.

Whereupon   Whereupon, the said Richard Bennett Mitchell by his attorney aforesaid, saith, that he cannot deny the complaint aforesaid of the said Bridgett Butler, the petitioner aforesaid, so as aforesaid made, nor but that the said Bridgett Butler, the petitioner aforesaid, is entitled to her Freedom, being the descendant of a Free white woman, in manner and form as the said Bridgett Butler, by her said petition to the Court here, preferred against him the said Richard Bennett Mitchell above hath alleged; and thereupon, the said Bridgett Butler, the petitioner aforesaid, by her attorney aforesaid, prays that she may be dismissed and discharged from the service of the said Richard Bennett Mitchell, together with the 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 Bridgett Butler, the Petitioner aforesaid, recover of and against the said Richard Bennett Mitchell, her Freedom, and that she be hence freed and discharged of and from the service of the said Richard Bennett Mitchell, and that she the said Bridgett Butler, the petitioner aforesaid, go freed and discharged thereof without day, andsoforth. And it is further considered by the Court here, that the said Bridgett Butler, the petitioner aforesaid, recover against the said Richard Bennett Mitchell, the quantity of Five hundred and thirty Six pounds of tobacco, by the Court here, unto her the said Bridgett 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 and soforth.

Test. John Gwinn Clerk