Eleanor Shorter v. Hanson Briscoe. Judgment Record

 

Eleanor Shorter
against
Hanson Briscoe

Be it remembered that heretofore towit on the third day of September in the year of our Lord one Thousand seven hundred and ninety two Eleanor Shorter by Gabriel Duvall her attorney prefers to the Court here her petition for freedom against Hanson Briscoe in form following towit.

To the honorable the Judges of the General Court

The petition of Eleanor Shorter humbly sheweth that she with her son James Shorter are held in slavery by Hanson Briscoe of Washington County and she is advised that they are entitled to their freedom being descended in the female line from a free white woman she therefore prays your Honors the premises being considered, that they may be discharged from the custody of the said Hanson Brisco, and that summons may issue for him to answer this petition and she will pray and soforth.

G Duvall for Petitioner

Thereupon it is ordered by the Court here that the writ of the State of Maryland of Subpena ad respondendum issue against the said Hanson Briscoe to answer unto the said Petition and soforth and the same accordingly issues directed to the Sheriff of Washington County in form following towit.

The State of Maryland Sst To the sheriff of Washington County Greeting We command you that you summons Hanson Briscoe that all delays and excuses 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 unto the Petition of Eleanor Shorter & her son James 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 Honorable Samuel Chase Esquire Chief Judge of our said Court the 29th day of May Anno Domini 1792.

Issued the 3d day of September 1792.

GD. Jno Gwinn Clk.

The same day is given to the said Eleanor Shorter also.

At which said second Tuesday of October being the ninth day of the same month in the year of our Lord on thousand seven hundred and ninety two and the day of the return of the aforegoing writ comes into the General Court here as well the said Eleanor Shorter by her attorney aforesaid and the sheriff of Washington County to whom the said writ was in form aforesaid directed makes return thereof to the Court here thus endorsed towit.

Summoned Henry Shryock Shff.

And the said Hanson Briscoe by Philip Barton Key his attorney appears in Court here and 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 Eleanor Shorter also.

At   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 Hanson Briscoe had leave to imparle. Come again into the General Court here, as well the petitioner as the Defendant by their attornies, and the said Hanson Briscoe by his s aid 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 Petitioner 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 Hanson Briscoe had leave to imparle come again into the General Court here as well the Petitioner as the Defendant by their said attornies and the said Hanson Briscoe by his attorney aforesaid (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 Petitioner 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 Hanson Briscoe had leave to imparle come again into the General Court here as well the Petitioner as the Defendant by their attornies and the said Hanson Briscoe by his said attorney (as before) 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 same Petitioner also.

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 Hanson Briscoe had leave to imparle come again into the General Court here as well the Petitioner as the Defendant by their attornies and the said Hanson Briscoe as before defends the force and injury when and soforth 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 Petitioner 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 said day the said Hanson Briscoe hand leave to imparle, come again into the General Court here as well the said Petitioner as the Defendant by their attornies and the said Hanson Briscoe (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 Petitioner 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   and ninety five, to which said day the said Hanson Briscoe had leave to imparle Come again into the General Court here as well the Petitioner as the Defendant by their attornies and the said Hanson Briscoe (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 Petitioner 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 Hanson Briscoe had further leave to imparle come again into the General Court here as well the Petitioner as the Defendant by their attornies and the said Eleanor Shorter by Jonathan R Wilmer her attorney files in Court here the following Deposition towit.

Joseph Butler aged fifty three years or thereabouts being sworn on the holy evangely of Almighty God deposeth & saith that he knows the Petitioner Nelly Shorter now present & knew her from her infancy & she was born the property of James Mills of St Marys County; she is Daughter of Betty now deceased, and Betty belonged to Raphael Neale father of Raphael Neale of St Marys County when he first knew her and she was always reputed to be the daughter of old Jenny Shorter who lived with Raphael Neale aforesaid now deceased, & he knows old Jenny very well. Sworn to this 23d day of May 1796. 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 Eleanor Shorter 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 Eleanor Shorter the petitioner aforesaid be free and discharged of and from the service of the said Hanson Briscoe and that she the said Eleanor Shorter the Petitioner aforesaid go thereof without day &ca. It is further considered by the Court here that the said Eleanor Shorter recover against the said Hanson Briscoe the quantity of six hundred and thirty seven 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 andsoforth.

Test John Gwinn Clerk