Leonard Shorter v. Richard Edelen. Judgment Record

 

Leonard Shorter
against
Richard Edelen

Be it remembered that heretofore to wit, on the Twenty first day of May in the year of our Lord one thousand seven hundred and ninety two; Leonard Shorter   Shorter by Gabriel Duvall his attorney preferred and filed in the General Court here, his petition for freedom against Richard Edelen which is in form following to wit.

To the honourable the Judges of the General Court. The petition of Leonard Shorter humbly sheweth, that he is held in slavery by Richard Edelen of Charles County, and he is advised that he is entitled to his freedom being descended in the female line from Elizabeth Shorter a free white woman. He therefore prays your honours the premise being considered, to discharge him from the further service of the said Richard Edelen if he should prove his descent as aforesaid and that summons may issue for the said Richard Edelen to answer this petition, and he will pray and so forth. G. Duvall for Petr

Whereupon in pursuance of the rule and order of the Court here in such case made, on the day and year aforesaid, the said Leonard Shorter by his attorney aforesaid, prosecuted and sued forth out of the General Court here the of the State of Maryland of Subpoena ad respondendum against the said Richard Edelen directed to the sheriff of Charles County in form following to wit.

The State of Maryland to wit. To the sheriff of Charles County Greeting. We command you that you summons Richard Edelin late of Charles County that all excuses and delays be set a side 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 Leonard Shorter 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 honourable Samuel Chase Esquire chief Judge of our said Court the 8th day of May Anno Domini 1792.

Issued the 21st day of May Anno Domini 1792. G.D. Jno Gwinn Clk

At which said second Tuesday of October being the ninth day of the said month in the year of our Lord one thousand seven hundred and ninety two, and the day of the return of the aforegoing Summons comes into the General Court here, the said Leonard Shorter 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 to wit. Summoned James Simms Sheriff.

Whereupon   Whereupon, comes into the General Court here the said Richard Edelen by Philip Barton Key his attorney; And on motion of the said Leonard Shorter by his attorney aforesaid, it is ruled by the Court here that the said Richard Edelen enter into a recognizance to the State of Maryland in the usual form in such cases made and provided, Whereupon a certain Philip Ford of Saint Marys County comes into Court here in his proper person and acknowledges himself to owe and stand justly indebted to the State of Maryland in the sum of one hundred pounds current money to be levied of his body goods and Chattels lands and tenements, to and for the use of the said State of Maryland, on condition that the said Richard Edelen do not remove the said Leonard Shorter out of the State of Maryland nor obstruct the said Leonard Shorter from attending this Court from time to time in support of his petition for Freedom exhibited in the said Court against the said Richard Edelen and in the mean time to feed cloath and use him the said Leonard Shorter well and pay whatever satisfaction the Court shall adjudge for the services of the said Leonard Shorter from this Term to the time of the Judgement with Costs; Thereupon further process of upon the premises aforesaid between the parties 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 so forth.

At which said second Tuesday of May being the fourteenth day of the said month in the year of our Lord one thousand seven hundred and ninety three, come again into the General Court here as well the said Leonard Shorter by his attorney aforesaid, as the said Richard Edelen 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 Eighth day of the said month in the year of our Lord one thousand seven hundred and ninety three, come again into the General Court here as well the said Leonard Shorter by his attorney aforesaid, as the said Richard Edelen by his attorney aforesaid. Thereupon further process of and upon the premisses 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 and soforth.

At which said second tuesday of May being the thirteenth day of the same   same month in the year of our Lord one thousand seven hundred and ninety four, come again into the General Court here as well the said Leonard Shorter by his attorney aforesaid as the Richard Edelen 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 and so forth.

At which said second Tuesday of October being the fourteenth day of the same month in the year of our Lord one thousand seven hundred and ninety four come again into the General Court here as well the said Leonard Shorter by his attorney aforesaid as the said Richard Edelen 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 and so forth.

At which said second Tuesday of May being the twelfth day of the same month in the year of our Lord one thousand seven hundred and ninety five, come again into the General Court here as well the said Leonard Shorter by his attorney aforesaid as the said Richard Edelen 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 said parties then and so forth.

And now at this day to wit, the said second Tuesday of October being the thirteenth day of the same month in the year of our Lord one thousand seven hundred and ninety five, come again into the General Court here as well the said Leonard Shorter by his attorney aforesaid as the said Richard Edelen by his attorney aforesaid; And the said Leonard Shorter by his attorney aforesaid files in Court here sundry Depositions, which are inform following to wit.

Teresa Shorter
against
Joseph Boarman

The Deposition of Terry Shorter aged fifty eight years being Sworn on the holy Evangely of Almighty God deposeth and saith that she knows Teresa Shorter who petitioned against Joseph Boarman and   and has known her Eighteen or nineteen years that she is sister of Charity Shorter who obtained her freedom against Ignatius Matthews, and also a Sister of Basil Shorter who petitioned against Charles Carroll and obtained his freedom. That Robert Shorter who petitioned against Mary Neale now Mary Simms by Intermarriage with Robert Simms is also a brother of Basil who petitioned against Charles Carroll, being the son Lucy Shorter who formerly belonged to William Neale near Port Tobacco. That Jim Shorter who petitioned against Mrs Bradford is also son of Lucy aforesaid and brother of Basil who obtained his freedom against Charles Carroll. That Stephen shorter who petitioned gainst John Boarman is son of Jenny who petitioned against Mrs Bradford which Jenny is full sister of this deponent and this deponent obtained her freedom against Mrs Chunn. That Anne Shorter who petitioned against Raphael Boarman is also a daughter of this deponents Sister Jenny aforesaid. That Monica Shorter who petitioned against Edward Hazle is the daughter of Jenny Shorter who belonged to Henry Neale of St Marys County, which Jenny is Sister of Basil who obtained his freedom against Charles Carroll. That Priscilla Shorter who petitioned against John Smith is daughter of Appy, and sister of George Shorter who petitioned against Henry Neale. That Baptist who petitioned against the said John Smith is son of the said Priscilla. That Ignatius Shorter who petitioned against John Fenwick is the son of Nanny Shorter which Nanny is Aunt of this deponent and the deponent knew Nanny ever since she the said Nanny was a Child and she is about five years younger than the deponent that Nanny was the daughter of Patty Shorter who belonged to old John Lancaster and was grand mother of this deponent; that she has understood that said Nanny is now in Kentucky with Mr. Fenwick who claims Nase. That Phillis Shorter who has petitioned against Mary Boarman is daughter of this deponents Sister Jenny who petitioned against Mrs Bradford, and Letty who has petitioned against the said Mary Boarman is daughter of said Phillis. That Thomas Shorter who belongs to Richard Jordan she has always understood was son of the deponents Sister Betty that Bettys mother was the deponent's Mother, and Betty was many years younger than the deponent and the deponent knew her ever since she the said Betty was a child, being both born in the same family. That when the deponent went to see her Mother and her Sister at John Smiths on Patuxent the said Tom was a boy and appeared to be about six or seven old that the deponents Mother Nelly was then sick at Mr. Smiths and died of that Illness; that this deponent had never seen the said Tom but once before that, and he then   then seemed to be about two years old; that her said Sister Betty was then big with her next Child, and Tom always past for Bettys child and she never heard it contradicted or questioned. That Clem Shorter who petitioned against Raphael Neale is about three years older than Tom and she has known Clem ever since she knew Tom having first seen them at the same time, and Clem always past as the son of the deponents Sister Betty aforesaid and she never heard it contradicted and he was owned by Betty as her Child. That Ignatius Shorter who petitioned against Henry Howell is brother of this deponent and son of her mother Nelly, and the deponent has known him ever since he was a child. That Gerard Shorter who petitioned against Mary Boarman is son of this deponent's Sister Jenny who petitioned against Mrs Bradford. That Patty Shorter who has petitioned against Thomas Stone this deponent has known ever since she was a child she is daughter of Betty who was aunt of this deponent and Sister of this deponents Mother Nelly and was always reputed as such and she never heard it contradicted; the said Betty was daughter of Patty who belonged to old John Lancaster as the deponent always understood and never heard it contradicted. Sworn this 17th day of October 1795 before Taken before John T. Mason and Gabriel Duvall. John Randall.

Priscilla Shorter
against
John Smith

Sarah Butler of Anne Arundel County aged fifty three years and upwards being sworn on the holy Evangely of Almighty God deposeth and saith that she knows Priscilla Shorter now present and has known her ever since she was born; that they were both born in the family of Henry Neale deceased, who was son of Roswell Neale; the said Priscilla Shorter is daughter of Appy Shorter now deceased; the deponent knew Appy well, she belonged to the said Henry Neale; that Appy has been dead about nineteen years that she had Eleven Children to wit, Henny, Joshua, Anthony Jenny, Shadrack, George, Nelly, Peter, Prissy and Lucy and Gerrard that Henny, Joshua, Jenny, Shadrack, George, Nelly, and Gerrard are dead; that Lucy belongs to Henry Neale of St. Mary's County son of Henry Neale deceased beforementioned, and has petitioned against him; That the deponent knew Jenny Shorter very well and Appy was always reputed the daughter of Jenny Shorter, and they always claimed one another as mother and daughter and she never heard it contradicted. Sworn to 27 Octo 1795 before J. Bullen.

 

Leonard Shorter
against
Richard Edelen

Priscilla Shorter aged between forty and fifty years being sworn on the holy Evangely of Almighty God deposeth and saith that the Petitioner Leonard Shorter, now present, is the son of the deponent and her master John Smith sold him to Philip Ford four or five years ago, and Philip Ford gave him to the defendant who married his daughter. That Baptist Shorter who petitioned against John Smith is also son of this deponent and is older than Leonard and is now about twenty four years of age. Sworn to this 30th day of October 1795 before J. Bullen.

Teresa Shorter
against
Joseph Boarman

Jenny Shorter aged sixty two years and upwards being Sworn on the holy evangely of Almighty God deposeth and saith that she knew Terry Shorter who petitioned against Joseph Boarman; she was daughter as the deponent always understood of Lucy Shorter who belonged to William Neale near Port Tobacco and afterwards to the widow of said Neale, which Lucy was Sister of Henny who petitioned against Henry Barnes, and of Basil who petitioned against Charles Carroll; that she knows Robert Shorter commonly called Bob Russeton, who was always reputed to be the brother of the said Lucy, Henny and Basil. The deponent also saith that Anne Shorter who petitioned against Raphael Boarman is daughter of this deponent and was sold and sent to the Havanna as she has been informed; that the said Anne was sent away by Raphael Boarman sometime after she had petitioned; being asked if Raphael Boarman knew that she had petitioned, answers she thinks he did; he was in the house when the deponent heard Benjamin Wakefield read the order of Court about her petitioning, that she was to be used well and the like, and she was sent away some months afterwards; that it was at the house of the within of Raphael Boarman when the deponent heard the order of Court read, and from said house she was sent. That Nell Shorter who petitioned against William Chandler Brent is daughter of Minta now deceased, who was daughter of this deponent and the deponent know said Nell ever since she was a Child. That Phillis who petitioned against Mary Boarman is daughter of this deponent and Letty who petitioned against said Mary Boarman is daughter of said Phillis. That Tom who petitioned against Richard Jordan this deponent has known ever since he was about two years; he is the son of Betty who was Sister on the mother's and father's side of this deponent. That Clem who petitioned against Raphael Neale is a full brother   brother of said Tom. Sworn to this 16th day of May 1796 before J. Bullen.

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 Leonard Shorter the petitioner aforesaid, is entitled to his freedom, being descended, in the female line from Elizabeth Shorter a free white woman, as he by his petition to the Court has alledged; therefore it is considered by the Court here that the said Leonard Shorter the petitioner aforesaid, be free and discharged of and from the service of the aforesaid Richard Edelen and that he the said Leonard Shorter the petitioner aforesaid, go thereof without day, &c. It is further considered by the Court here, that the said Leonard Shorter the petitioner aforesaid, recover against the said Richard Edelen the quantity of six hundred and seventy seven pounds of Tobacco for his costs and charges by him about the prosecution of his petition aforesaid laid out and expended, and that he have thereof his execution &c.

Test. Jno Gwinn Clk.