Charles Butler v. John Thomas. Judgment Record

 

Charles Butler
against
John Thomas

Be it remembered, that heretofore towit, on the Fourteenth day of May in the year of our Lord one thousand seven hundred and eighty nine; Charles Butler of Gabriel Duvall his attorney, preferred and filed in the General Court here, his Petition for Freedom against John Thomas, which is in form following to wit. To the Honorable the Judges of the General Court. The Petition of Charles Butler, humbly sheweth, that he is held in slavery by Col. John Thomas of Charles County, although he is entitled to his Freedom, being the son of Nelly Butler, who was the Daughter of Jane 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 Col. John Thomas and that the premises considered, he be discharged; and he will pray andsoforth.

G. Duvall for Petitioner.

Thereupon, on motion of the said Charles Butler by his attorney aforesaid, it is ruled and ordered by the Court here, that the said John Thomas do not remove the said Charles 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 Charles 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 John Thomas to answer unto the said Petition of the said Charles 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 Thomas late of Charles County, Gentleman, 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 Charles 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 the said Court the 26th day of June anno domini 1789.

Issued the 29th day of July 1789. (GD.) Jno Gwinn Clk.

At which said Second Tuesday of October, being the Thirteenth day of 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 Charles 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, Shff" And the said John Thomas 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, come again into the General Court here, as well the said Charles Butler by his attorney aforesaid, as the said John Thomas 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 Charles Butler by his attorney aforesaid, as the said John Thomas 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   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 again into the General Court here, as well the said Charles Butler by his attorney aforesaid, as the said John Thomas 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 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 Charles Butler by his attorney aforesaid, as the said John Thomas 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 Charles Butler by his attorney aforesaid, as the said John Thomas by his attorney aforesaid: and the said Charles Butler by his attorney aforesaid files in Court here the Depositions of Clement Parsons and Nancy Butler, which are in form following towit.

Ralph Butler
vs
John Lucas

Peto for Freedom. The Deposition of Clement Parsons of Saint Mary's County aged 62 years deposeth & Saith that he hired the Petitioner of the Defendant three of four years ago; and he heard the Defendant say that if the Butlers got Free who had the same equal right with Ralph, he should set Ralph Free without costs or trouble, and this Deponent understood from the Defendants conversation at the time that he admitted the Petitioner to be of the Butler Breed, and further he saith not. Sworn this 24th day of May 1791. Before the subscriber one of the Justices of Anne Arundel County. Allen Quynn

Charles Butler
agt
John Thomas

Nancy Butler being about the age of 82 years, being sworn, saith, she knows Charles, the Petitioner, and his mother is the Sister of the   Deponent, and She was named Nell and belonged to Madam Sherbin. that this Deponent is the Daughter of Jenny and that Jenny was the Daughter of old Nell Butler commonly called Irish Nell; and the Deponent further saith that she knows Joanna now here present, who petitioned against Mary Boarman; she is the Daughter of Betty, who obtained her Freedom on a Petition against Henry Hill, last Term. Bullen.

Whereupon, the said John Thomas by his attorney aforesaid, saith that he cannot deny the complaint aforesaid of the said Charles Butler, the Petitioner aforesaid, is entitled to his Freedom, being the son of Nelly Butler, who was the Daughter of Jane Butler, who was the Daughter of Eleanor Butler a Free White woman, in manner and form as the said Charles Butler, by his Petition to the Court here, preferred against the said John Thomas, above hath alleged; And thereupon, the said Charles Butler by his attorney aforesaid, prays that he may be dismissed and discharged from the Service of the said John Thomas, 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 Charles Butler, the petitioner aforesaid, recover of and against the said John Thomas, his Freedom, and that he be hence freed and discharged of and from the Service of the said John Thomas, and that he the said Charles Butler, the Petitioner aforesaid, go freed and discharged thereof without day, andsoforth. And it is further considered by the Court here, that the said Charles Butler, the petitioner aforesaid, recover against the said John Thomas, the quantity of Six hundred and fifty seven pounds of tobacco, by the Court here, unto the said Charles 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.