O Say Can You See

Prince George's County sct

At a county court of the State of Maryland held for the county aforesaid at Upper Marlborough Town in said county on the first Monday in April being the fourth day of the same month in the year of our Lord one thousand seven hundred and Ninety Six

Present
Michael J. Stone Esquire Chief Justice
David Craufurd and Thomas Duckett Esqrs. Associate Justices
Joseph Boone Esquire Sheriff
John Read Magruder jun Clk

In the Record of Proceedings of the same Court among other things is the following towit

Be it remembered that heretofore towit on the twentieth day of March in the year Seventeen hundred and ninety five command was given the Sheriff of Prince Georges County that he should take John Ashton late of Prince Georges County Clergyman if he should be found in his Bailiwic and him should safely keep so that he might have his Body before the Justices of our next County Court to be held at Upper Marlborough Town in said County on the first Monday in April then next to answer unto Edward Queen of a plea wherefore with force and arms andsoforth at the county aforesaid he the said John upon him the said Edward an assault did make and him the said Edward did beat and evilly treat and imprison and in Prison against the Laws of this State for a long time did detain and other harms to him the said Edward did to the great damage of the said Edward and against the peace dignity & Government of the State of Maryland andsoforth

And that thereof he the said Sheriff should not fail at his Peril and that he should have then and there that writ andsoforth.

And now at this day towit the first Monday in April (being the sixth day of the same month in the year seventeen Hundred and ninety five and the day of the return of the aforegoing writ) comes here at the Court House in the Town aforesaid before the Justices of the court here the said Edward Queen by Philip Barton Key his Attorney aforesaid and offers himself against the said John Ashton in the plea aforesaid and the Sheriff towit William John Jackson Gentleman to whom the same writ was directed likewise comes and makes return thereof to the Court here thus endorsed towit.

Cepi Wm J Jackson Sheriff

And the said John Ashton being called upon appears here in Court by William Kilty his attorney and defends the force and injury when andsoforth and prays leave of the court here to imparle untill next Court and he hath it the same day is given the Plaintiff also

At which said next Court towit the first Monday in September in the year last aforesaid here came again the Parties aforesaid by their attorneys aforesaid, and the said John Ashton by his attorney aforesaid prays further leave of the court here to imparle untill next Court and it is granted unto him the same day is given the plaintiff also.

At which said next court towit the first Monday in April in the year Seventeen Hundred and Ninety Six here come again the parties aforesaid by their attorneys aforesaid.

And the said Edward Queen by his attorney aforesaid declares against the said John Ashton in the plea aforesaid in manner and form following towit— Prince Georges County Sct: John Ashton late of Prince Georges County Clergyman was attached to answer unto Edward Queen of a plea wherefore with force and arms andsoforth at the   County aforesaid he the said John upon him the said Edward an assault did make and him the said Edward did beat and evilly treat and imprison and in Prison against the Laws of the State for a long time did detain and other harms to him the said Edward did to the great damage of the said Edward and against the Peace dignity and Government and dignity of the State of Maryland andsoforth.

And whereupon the said Edward by Philip Barton Key his attorney complains that the said John on the fifteenth day of October in the year of our Lord one thousand seven hundred and ninety one at the County aforesaid with force and arms towit with swords swords staves and Knives on him the said Edward at the county aforesaid an assault did make and him the said Edward did then and there beat wound and imprison & ill treat & him the said Edward there in Prison without any reasonable cause & against the law of the State of Maryland a long time towit for the space of three years then next ensuing did detain, untill the said Edward Expended and laid out & was obliged & compelled to expend and lay out several large sums of Money for his deliverance from the arrest and imprisonment aforesaid & him the said Edward in the service of him the said John by duress as aforesaid for a long time towit from the fifteenth day of October seventeen hundred and Ninety one until the eighteenth day of May in the year Seventeen hundred and Ninety four at the County aforesaid did keep and detain and other outrages to him the said Edward then and there done & committed to the great damage of him the said Edward and against the peace of the State of Maryland whereby he saith he is prejudiced & hath damage to the Value of one hundred pounds current money & therefore he brings suit andsoforth

Ph. B. Key for Plaintiff Pledges &c. John Doe & Richard Roe

And the said John Ashton by his attorney aforesaid (as before defends   the force and injury when andsoforth and saith that he is not guilty) of the Trespass aforesaid as the said Edward Queen in his declaration aforesaid against him complains and of this he puts himself upon the Country.

And the said John Ashton by leave of the court here according to the form of the Statute in such cases made and provided further defends the force and injury when andsoforth and says that the said Edward ought not to have and maintain his action aforesaid thereof against him because he says that the writ Original aforesaid of the said Edward was Impetrated on the Twentieth day of March in the year seventeen hundred and ninety five and not before.

And that the said John at any time within one year next before the Impetration of the said writ of him the said Edward was not guilty of the Trespass aforesaid in the declaration aforesaid of the said Edward mentioned and this he is ready to Verify wherefore he prays Judgment if the aforesaid Edward his action aforesaid against him to have and maintain ought andsoforth.

And the said Edward Queen as to the first plea of him the s aid John Ashton whereby he puts himself upon the country saith he doth the same in like manner andsoforth.

And the said Edward Queen as to the Second plea of him the said John Ashton saith that he by any thing therein alledged ought not to be precluded from having and maintaining his action aforesaid against him the said john because he saith that he the said John was guilty of the Trespass in the declaration aforesaid of him the said Edward mentioned within one year next before the Impetration of the writ Original of him the said Edward in manner and form as he the said Edward in his said declaration against him Complains and this he prayed may be Enquired of by the Country and the said John in like manner andsoforth Wherefore for the   Trial of the said Issues command is given the Sheriff of Prince Georges County that he immediately cause to come here twelve good and lawfull men of his Bailiwic by whom &c who neither &c. to recognize &c. because as well &c. of which said Precept the said Sheriff towit Joseph Boone Gentleman makes return that he has here ready twelve &c. as by the said Precept he was commanded towit James Mewburry, Thomas Harwood, Benjamin Brooker, Francis Magruder, [illegible] Tilghman Hillcary, Dennis Magruder, Charles Hodges, John Magruder Burgess, Thomas Magill, Isaac Lansdale, John Baden Jun, and Samuel Judson Coolidge, who being duly Elected Tried and sworn to say the Truth in the Premises upon their Oath Do say that as to the first issue between the said Edward Queen and the said John Ashton within joined the said John Ashton is not guilty of the Trespass in the declaration of the said Edward Queen mentioned as the said John Ashton hath by pleading alleged. And as to the other issue between the said Parties within likewise joined the Jurors aforesaid on their Oath aforesaid further say that the said John Ashton at any time within one year next before the impetration of the writ Original of the said Edward Queen was not guilty of the Trespass in the declaration of the said Edward Queen mentioned.

Therefore It is considered by the Court here that the said Edward Queen take nothing by his writ aforesaid but be in mercy for his false clamour and that the said John Ashton go thereof without day &c. And It is also considered that the said John Ashton recover against the said Edward Queen the quantity of Four hundred and thirty three Pounds of Tobacco by the Court here unto him (with his assent) adjudged for his costs and charges by him about his defence in this behalf sustained and that he have thereof his Execution &c.

Memorandum — Before the Jurors aforesaid withdrew from the Bar of the Court here the following Bills of Exceptions were taken and filed towit in this cause towit

In the Trail of this cause the counsel for the Plaintiff prayed the direction of the court and their opinion to the Jury that the present suit is proper and [illegible] in form in point of Law to enable the Plaintiff to recover damages if the Jury should be of opinion from the testimony sworn to them in this cause that the defendant without legal authority detained the plaintiff in his service as stated in the declaration which Opinion and direction as prayed the court being divided in Opinion refused to give and the counsel for the Plaintiff Prayed leave to Except according to the form of the act of Assembly in such cases made and Provided and that the court would Sign, seal, and allow this their Bill of Exceptions which is accordingly done this twelfth day of April Seventeen hundred and ninety six.

David Craufurd (Seal)
Thomas Duckett (Seal)

In the Trial of this cause the counsel for the defendant prayed the court to direct the Jury that if they are of Opinion from the Evidence that the plaintiff was held as a slave by the defendant Prior to the fifteenth day of October in the year seventeen hundred and ninety one that the Said Plaintiff being then held and possessed as a slave by the defendant (Petitioned for his Freedom to the General Court on that day) and that the unlawfull imprisonment and detention stated in the declaration consisted in the said Plaintiff being kept and contained in the Possession of the defendant as a slave as aforesaid from the commencement of the said Petition to the time of the Plaintiffs being freed and discharged from the service of the defendant by the   Judgment of the General Court that then the Plaintiff is not entitled to recover in the action now brought which direction the court being divided in Opinion refused to give. And the Counsel for the defendant prayed leave to Except according to the act of Assembly in such cases made and Provided and that the Court would sign seal and allow this their Bill of Exceptions which is accordingly done this twelfth day of April seventeen hundred and Ninety Six.

David Craufurd (Seal)
Thos Duckett (Seal)

And the said Edward Queen by his attorney aforesaid prays an appeal from the Judgment aforesaid of the Court here to the General Court to be held at the City of Annapolis on the Second Tuesday of May next and the same is granted and thereupon it is Ordered that the Record and Proceedings in the Premises aforesaid with all things relating to the same be transmitted to the Judges of the General Court aforesaid that the said Judges thereon may Proceed as to justice appertains andsoforth. A Transcript whereof is hereby accordingly transmitted to the Honorable the Judges of the General Court of the Western Shore of Maryland

Jno Read Magruder Jun Clk

In Testimony that the aforegoing is a true copy from the Record of Proceedings of Prince Georges County Court

I have hereunto set my hand and affixed the Public seal of my office this 29th day of April Anno Domini 1796

Jno Read Magruder jun Clk
Prince Georges County Court