Teresa Shorter v. Joseph Boarman. Judgment Record

 

Teresa Shorter
against
Joseph Boarman

Be it remembered that heretofore towit on the fourteenth day of November in the year of our Lord one thousand seven hundred and ninety Teresa Shorter by Gabriel Duvall her attorney prefers to the Court here her petition for Freedom against Joseph Boarman in form following towit.

To the honourable the Judges of the General Court.

The petition of Teresa Shorter humbly sheweth, that she is held as a Slave by Joseph Boarman of Charles County, although she is entitled to her freedom being descended from a free woman your petitioner is the daughter of Lucy Shorter, who was the daughter of Jane Shorter who was the Daughter of Elizabeth Shorter a free woman She therefore prayeth that your honours would take her case into consideration and discharge her from the custody of the aforesaid Joseph Boarman and that Summonses may issue for her Witness and soforth.

G Duvall for petitioner

Thereupon it is ordered by the Court here that that the writ of the State of Maryland of Subpena ad respondendum issue against the said Joseph Boarman to answer unto the said petition and so forth, and the same accordingly issues directed to the Sheriff of Charles County in form following towit.

The State of Maryland Sst To the Sheriff of Charles County. We command you that you Summon Joseph Boarman 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 Teresa 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 Thomas Johnson Esquire Chief Judge of our said Court the 24 day of November Anno Domini 1790.

Issued the 7th day of December 1790. Jno Gwinn Clk.

G Duvall

The same day is given to the said Teresa Butler there and soforth.

At which said second Tuesday of May being the tenth day of the same month in the year of our Lord one thousand seven hundred and ninety one and the day of the return of the aforegoing writ, comes into the General Court her the said Teresa Butler by her attorney aforesaid, and the Sheriff of Charles County to whom the said writ was directed makes return thereof to the Court here thus enclosed towit.

"Summonded" Thos A Dyson Shff Charles County.

And the said Joseph Boarman by Philip Barton Key his attorney appears in Court here and defends the force and injury when and soforth and prays leave of the Court here to imparle untill the Second Tuesday of October next and to him it is granted, the same day is given to the said Teresa Shorter also

At which said second Tuesday of October being the Eleventh day of the same month in the year of our Lord one thousand seven hundred and ninety one, to which said day the said Joseph Boarman had leave to   imparle come again into the General Court here as well the petitioner as the Defendant by their attornies, and the said Joseph Boarman by his said attorney as before defends the force and injury when and soforth and prays further leave of the Court here to imparle until the second Tuesday of May next, and to him it is granted the same day is given to the said Teresa Shorter also

At which said second Tuesday of May being the Eighth day of the same month in the year of our Lord one thousand seven hundred and ninety two to which said day the said Joseph Boarman had leave to imparle, come again into the General Court here as well the petitioner as the Defendant by their attornies and the said Joseph Boarman by his said attorney as before defends the force and injury when and soforth, and prays further leave of the Court here to imparle untill the second Tuesday of October next and to him it is granted, the same day is given to the said Teresa Shorter also.

At which said Second Tuesday of October being the ninth day of the same month in the year of our Lord one thousand seven hundred and ninety two to which said day the said Joseph Boarman had leave to imparle, come again into the General Court here as well the said Petitioner as the Defendant by their attornies and the said Joseph Boarman by his said attorney as before defends the force and injury when and so forth and prays leave o the Court here to imparle untill the second Tuesday of May next, and to him it is granted the same day is given to the said Teresa Butler also.

At which said second Tuesday of May being the fourteenth day of the same month in the year of our Lord one thousand seven hundred and ninety three, to which said day the said Joseph Boarman had leave to imparle come again into the General Court here as well the petitioner as the Defendant by their attornies and the said Joseph Boarman by his said Attorney (as before) defends the force and injury when andsoforth and prays leave of the Court here to imparle untill the second Tuesday of October next and to him it is granted the same day is given to the said Teresa Shorter also.

At which said second Tuesday of October being the Eighth day of the same month in the year of our Lord one Thousand seven hundred and ninety three to which said day the said Joseph Boarman had leave to imparle, come again into the General Court here as well the petitioner as the Defendant by their attornies and the said Joseph Boarman by his said attorney (as before) defends the force and injury when andsoforth and prays leave of the Court here to imparle untill the second Tuesday of May next, and to him it is granted The same day is given to the said Teresa Butler also.

At which said second Tuesday of May being the thirteenth day of the same month in the year of our Lord one Thousand seven hundred and ninety four to which said day the said Joseph Boarman had leave to imparle come again into the General Court here as well the petitioner as the defendant by their attornies and the said Joseph Boarman by his said attorney (as before) defends imparle untill the second Tuesday of October next, and to him it is granted the same day is given to the said Teresa Butler also.

At   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 to which said day the said Joseph Boarman had leave to imparle come again into the General Court here as well the said Petitioner and the Defendant by their attornies and the said Joseph Boarman by his said attorney (as before) defends the force and injury when andsoforth, and prays further leave of the Court here to imparle untill the second Tuesday of May next and to him it is granted the same day is given to the said Teresa Butler also.

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 to which day the said Joseph Boarman had leave to imparle, come again into the General Court here as well the Petitioner as the Defendant by their attornies and the said Joseph Boarman by his said attorney (as before) defends the force and injury when andsoforth and prays further leave of the court here to imparle untill the second Tuesday of October next and to him it is granted the same day is given to the said Teresa Shorter also.

At which 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, to which said day the said Joseph Boarman had leave to imparle, come again into the General Court here as well the Petitioner as the Defendant by their attornies and the said Teresa Shorter by her attorney aforesaid files in Court here the following Deposition towit.

The Deposition of Terry Shorter aged fifty eight years being sworn on the Holy evangely of Almighty God, deposeth & saith that she knows Teresa Shorter who petitioned against Joseph Boarman & 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 & 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 of 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 & brother of Basil who obtained his Freedom against Charles Carroll.

That Stephen Shorter who petitioned against 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 Neal of St Mary's   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, & 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 this deponent knew Nanny ever since she the said Nanny was a child & she is about five years younger that the deponent. that Nanny was the Daughter of Patty Shorter who belonged to old John Lancaster and was grandmother of this Deponent; That she has understood that said Nanny is now in Kentucky with a 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 as 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 mother sister Betty that Betty's mother was the deponents mother, and Betty was many years younger than the deponent 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 Smith or Patuxent the said Tom was a Boy and appeared to be about six or seven years old, that the Deponents mother Nelly was then sick at Mr Smiths & died of that illness; that this deponent had never seen the said Tom but once before that & he then seemed to be about two years old; that her said sister Betty was then big with her next child & Tom always passed for Betty's child & 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, & Clem always past as the son of the deponent's 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 Gerrard Shorter who petitioned against Mary Boarman is son of this deponents 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 & never heard it contradicted.

Sworn this 17th day of October 1795 before John Randall

Taken before John T. Mason & Gabriel Duvall

And   And the said Joseph Boarman by his said attorney (as before) defends the force and injury when and soforth and prays further leave of the Court here to imparle untill the second Tuesday of May next and to him it is granted the same day is given to the said Teresa Shorter also.

And now at this day towit the said Second Tuesday of May being the tenth day of the same month in the year of our Lord one thousand seven hundred and ninety six, to which said day the said Joseph Boarman had leave to imparle, come again into the General Court here as well the Petitioner as the Defendant by their attornies and the said Teresa Shorter by Jonathan Roberts Wilmer her attorney files in Court here the following Deposition towit.

Jenny Shorter aged sixty two years and upwards being sworn on the holy evangely of Almighty God deposeth & saith that she knew Terry Shorter who petitioned against Joseph Boarman; she was Daughter as the deponant always understood of Lucy Shorter who belonged to William Neale near Port Tobacco & 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 Russiton who was always reputed to be the brother of the said Lucy, Henny & Basil.

The Deponent also saith that Anne Shorter who petitioned against Raphael Boarman is Daughter of this Deponent & was sold & 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 & the like, & she was sent away some months afterwards; that it was at the house of the mother 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 Brant is Daughter of Minta now deceased who was Daughter of this deponent, & the deponent knew 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 Philis.

That Tom who petitioned against Richard Jordan this Deponent has known ever since, he was about two years old; he is the son of Betty who was sister on the mother's & father's side of this Deponent That Clem who petitioned against Raphael Neale is a full 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 Teresa Shorter the   the petitioner aforesaid is entitled to her Freedom as she by her petition to the Court here hath alledged. Therefore it is considered by the Court here that the said Teresa Shorter the petitioner aforesaid be free and discharged of and from the service of the said Joseph Boarman and that she the said Teresa Shorter the petitioner aforesaid go thereof without day &ca. It is further considered by the Court here that the said Teresa Shorter recover against the said Joseph Boarman the quantity of Eight hundred and four pounds of Tobacco by the Court here unto her on her assent adjudged for her costs and charges by her about the prosecution of her petition laid out and expended and that she have thereof her execution &ca.

Test John Gwinn Clk.