Henny Butler v. Edward Hamilton. Judgment Record

 

Henny Butler
against
Edward Hamilton

Be it remembered that heretofore towit, on the Twenty third day of October in the year of our Lord One thousand seven hundred and ninety three; Henny Butler by Gabriel Duvall her attorney produced and filed in the General Court here her Petition against Edward Hamilton, for Freedom, the tenor whereof is in form following towit. To the Honorable the Judges of the General Court: The Petition of Henny Butler humbly sheweth that she is held as a slave by Edward Hamilton of Charles County, although she is entitled to her Freedom being descended from a Free White Woman: she therefore prays that your honors would take her cause into consideration, and discharge her from the custody of the aforesaid Edward Hamilton, and that summonses may issue for her witnesses and soforth. G. Duvall for Petitioner. Whereupon it is ordered by the Court here, that summons issue against the said Edward Hamilton to answer the Petition of the said Henny Butler for Freedom, which accordingly issued, 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 Edward Hamilton 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 May next to answer the Petition of Henny 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 Samuel Chase Esquire Chief Judge of our said Court the 8th day of October Anno domini 1793. Issued the 23d day of October 1793. GD. Jno Gwinn Clk. At which said second tuesday of May in the year of our Lord One thousand seven hundred and ninety four, being the day of the return of the aforegoing summons, comes into the General Court here, the said Henny Butler by her attorney aforesaid, and the sheriff of Charles County to whom the said summons was in form aforesaid directed, makes return thereof to the Court here, that he hath Summoned the said Edward Hamilton to answer the Petition of the said Henny Butler, as by the said writ he was commanded. Whereupon the said Edward Hamilton by John Campbell his attorney appears in Court here, and defends the complaint when the Court here will take the same into consideration, and prays leave of the Court here to imparle until the second tuesday of October next, and to him it is granted, the same day is given to the said Henny Butler also. At which said second tuesday of October in the year of our Lord One thousand seven hundred and ninety four, come again into the General Court here, as well the said Henny Butler by her attorney aforesaid   as the said Edward Hamilton by his attorney aforesaid: Whereupon the said Edward Hamilton by his attorney aforesaid as before defends the complaint when and soforth, and prays leave of the court here further to imparle until the second tuesday of May next, and to him it is granted, the same day is given to the said Henny Butler also. At which said second tuesday of May in the year of our Lord One thousand seven hundred and ninety five, come again into the General Court here, as ell the said Henny Butler by her attorney aforesaid, as the said Edward Hamilton by his attorney aforesaid: Whereupon the said Edward Hamilton by his attorney aforesaid as before defends the complaint when and soforth, and prays leave of the Court here further to imparle until the second tuesday of October next, and to him it is granted, the same day is given to the said Henny Butler also. At which said second tuesday of October in the year of our Lord One thousand seven hundred and ninety five, come again into the General Court here, as well the said Henny Butler by her attorney aforesaid, as the said Edward Hamilton by his attorney aforesaid: Whereupon the said Edward Hamilton by his attorney aforesaid, as before defends the Complaint when andsoforth, and prays leave of the Court here further to imparle until the second tuesday of May next, and to him it is granted, the same day is given to the said Henny Butler also. At which said second tuesday of May in the year of our Lord One thousand seven hundred and ninety six, come again into the General Court here, as well the said Henny Butler by her attorney aforesaid, as the said Edward Hamilton by his attorney aforesaid: Whereupon the said Henny Butler by her attorney aforesaid, produced and filed in Court here the Deposition of William Butler, which ensues in form following towit. William Butler aged upwards of fifty years being sworn on the holy Evangely of Almighty God deposeth & saith that he obtained his Freedom in the General Court on petition against Joseph Neale, & that he is the son of Henny Butler now deceased; that Anne Butler who petitioned against John Keech is sister of the Deponent & born of the said Henny, & was younger than the Deponent. That Edward & William who petitioned against the said John Keech are the children of the Deponents said sister Anne, & the Deponent has known them from their infancy. That Elizabeth Butler who petitioned against Joseph Simmes of Charles County is daughter of the said Anne sister of this Deponent, & he has known her from her infancy. That Mary Anne Butler who petitioned against Joshua Turby is also daughter of the Deponent's said sister Anne & he has known her from her infancy. That Henny Butler who petitioned against Edward Hamilton is also daughter of the Deponent's sister Anne, & he has known her from her infancy. That Josias Butler who petitioned against James Neale   is son of the said Anne, sister of the Deponent, & he has known him ever since he was a child. Sworn to this 19th day of May, before, Bullen. 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. At which said second tuesday of October in the year of our Lord One thousand seven hundred and ninety six, come again into the General Court here, as well the said Henny Butler by Jonathan Roberts Wilmer her attorney, as the said Edward Hamilton 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. At which said second tuesday of May, in the year of our Lord One thousand seven hundred and ninety seven, come again into the General Court here as well the said Henny Butler by her attorney aforesaid, as the said Edward Hamilton 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. At which said second tuesday of October in the year of our Lord One thousand seven hundred and ninety seven, come again into the General Court here, as well the said Henny Butler by her attorney aforesaid as the said Edward Hamilton 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: At which said second tuesday of May in the year of our Lord One thousand seven hundred and ninety eight, come again into the General Court here, as well the said Henny Butler by her attorney aforesaid, as the said Edward Hamilton 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. At which said second tuesday of October in the year of our Lord One thousand seven hundred and ninety eight, come again into the General Court here, as well the said Henny Butler by her attorney aforesaid, as the said Edward Hamilton, 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. At which said second tuesday of May in the year of our Lord one thousand seven hundred and ninety nine, come again into the General Court here, as well the said Henny Butler by her attorney aforesaid, as the said Edward Hamilton 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. At which said second tuesday of October, in the year   of our Lord one thousand seven hundred and ninety nine, come again into the General Court here, as well the said Henny Butler by her attorney aforesaid, as the said Edward Hamilton 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. And now at this day towit, the said second tuesday of May in the year of our Lord One thousand eight hundred, come again into the General Court here, as well the said Henny Butler by her attorney aforesaid, as the said Edward Hamilton by his attorney aforesaid: Whereupon all and singular the premises between the parties aforesaid by the Court here being seen, heard and fully understood, and mature deliberation thereupon had, for that it appears to the Court here, that the said Henny Butler the Petitioner aforesaid is entitled to her Freedom, being descended, in the female line, from a Free white woman, as she by her Petition to the Court here hath alleged: Therefore it is considered by the Court here that the said Henny Butler the petitioner aforesaid, be Free and discharged of and from the service of the aforesaid Edward Hamilton, and that she the said Henny Butler the petitioner aforesaid, go thereof without day and so forth: It is also considered by the Court here, that the said Henny Butler the petitioner aforesaid, recover against the said Edward Hamilton the sum of six hundred and eighty seven pounds of tobacco, by the Court here unto her the said Henny Butler on her assent adjudged for her costs and charges by her about the prosecution of her petition aforesaid laid out and expended, and that she have thereof her Execution andsoforth.

Test. John Gwinn Clk.

22 sids