Anthony Boston v. Gassaway Rawlings. Judgement Record

 

Gassaway Rawlings
vs
Anthony Boston

Be it remembered that now here on the second tuesday of May being the tenth day of the said month in the year of our Lord one thousand seven and ninety one the justices of Anne Arundel county court in pursuance of the act of assembly in such case made and provided, transmit to the General court here the record and proceedings of a plaint which was lately depending before them in the said County court between Anthony Boston plaintiff and Gassaway Rawlings Defendant, and wherein the said county court gave judgment for the said Anthony Boston against the said Gassaway Rawlings, and from which said Judgment the said Gassaway Rawlings prayed an appeal into the General Court here; the tenor of which said record and proceedings is in the form of following to wit.

Anne Arundel County Sct. At a county court of the state of Maryland begun and held in the City of Annapolis in and for the County aforesaid on the first Monday of November being the first day of the same month in the year 1790.

Were Present
The worshipful Nicholas Worthington
Allen Quynn
John Brice
Robert Couden Gent. Justices
Benjamin Howard Esq Sheriff Nich: Harwood Clk.

In the record and proceedings of the same court is the following to wit.

 

G.D. Anthony Boston
vs
WC. Gassaway Rawlings

Petition

To the Worshipful the justices of Ann Arundel County court The petition of Anthony Boston humbly sheweth that he is detained in slavery by a certain Gassaway Rawlings of the County aforesaid when he is entitled to freedom being discended from a free yellow woman being one of the portuguies whose name your petitioner is informed was Catherine Boston Your petitioner therefore prays your worships to take your petitioners case into consideration and discharge him from the service of said Gassaway Rawlings and he as in duty bound will pray &.

G. Duvall for Petr.

Which being read and heard and mature deliberation thereupon had it was ordered that summons us issue against Gassaway Rawlings which issued accordingly and was by the Sheriff of Ann Arundel County to whom the same was directed returned thus endorsed. Summoned David Steuart Sheriff.

And the said Gassaway Rawlings by William Cooke his attorney comes and defends the force and injury when and so forth and prays leave to imparle hereunto untill next court and he hath it and the same day is given to the plaintiff also. At which said next court to wit, the second tuesday in November seventeen hundred and eighty eight come again the said parties plaintiff and defendant by their attorneys aforesaid and the said Defendant by his said attorney prays further leave to imparle hereunto untill next court and he hath it and the same day is given to the plaintiff also.

At which said next Court the first Monday in March seventeen hundred and eighty nine come again the said parties plaintiff and defendant by their attorneys aforesaid and the Said   Said Defendant by his said attorney prays further leave to imparle hereunto untill next court and he hath it and the same day is given to the plaintiff also.

At which said next court the first Monday in March seventeen hundred and Eighty nine come again the said parties plaintiff and defendant by their attornies aforesaid and the defendant by his said attorney prays further leave to imparle hereunto untill next court and he hath it and the same day is given to the plaintiff also.

It is agreed by and between the parties that the depositions of any witnesses taken on three days notice to the adverse party be read as evidence in this cause.

At which said next court to wit the first Monday in August seventeen hundred and eighty nine come again the said parties plaintiff and defendant by their attorneys aforesaid and the said Defendant by his said attorney prays further leave to imparle hereunto untill next court and he hath it and the same day is given to the plaintiff also.

At which said next court to wit, the first Monday in November seventeen hundred and eighty nine. Come again the said parties plaintiff and defendant by their attorneys aforesaid and the said defendant by his said attorney prays further leave to Imparle hereunto untill next court and he hath it and the same day is given to the plaintiff also.

At which said next court to wit, the first Monday of March seventeen hundred and ninety come again the said parties plaintiff and defendant by their attorneys aforesaid and the said Defendant by his said attorney prays further leave to imparle hereunto untill next Court and he hath it and the same day is given to the plaintiff also.

At which said next court to wit the first Monday in August seventeen hundred and ninety come again the said parties plaintiff and defendant by their attorneys aforesaid and the said Defendant   Defendant by his said attorney prays further leave to imparle hereunto untill next court and he hath it and the same day is given to the plaintiff also.

The following depositions were agreed to and read as evidence in this cause.

Anthony Boston
vs
Gassaway Rawlings

Petition for freedom in Anne Arundel County Court.

July 20 1789. Anne Harwood of Anne Arundel County of lawful age being first duly sworn on the holy Evangels of Almighty God touching her knowledge of the above dispute deposeth and saith that she this Deponent knew old Lenah from whom Anthony the petitioner descended that she the said Lanah has been dead about forty years and died as a part of this deponents fathers estate that she lived with him as a slave and that she this deponent never heard of said Lenah claiming her freedom till lately that she understood said Lenah was brot into this country in a Guinea Ship amongst other slaves and sold as such and was purchased by one Lockwood and she this deponent has been informed who will'd her to Mrs Jones the grandmother to this Deponent which Mrs Jones left her by will to Gassaway Watkins farther to this deponent that her complexion was yellow and her hair strait and black that this deponent Never understood said woman was a portugea nor knew what Country she came from and that Anthony Boston was the son of Violet who was the daughter of Lenah and further this Deponent saith not. Sword this 20th July before me one of the justices of Ann Arundel County

James Disney.

Elizabeth Rawlings of Lawful age of Ann Arundel County being duly sworn in the dispute above mentioned deposeth and saith that she knew old Lenah who formerly belonged to Samuel Lockwood upon whose death Mrs Jones the Deponents   Deponents grand mother owned her and after Mrs Jones death she belonged to this deponents father Gassaway Watkins and died his property upwards of forty years ago this deponent never heard that she claimed her freedom. That the complexion was yellow and her hair long and black and tied up it was not woolly like the hair of Negroes she never understood that she received wagers from this deponents father and further this deponent saith not. Sworn to this 20th day of July 1789 before the subscriber one of the justices of Anne Arundel County.

Jas. Disney

Richard Watkins being of Lawful age maketh oath that he knew Leaner who belonged to his grand mother Jones and after her decease belonged to his father and died a slave in his service that she was a dark brown Complexion always claimed as a slave and never to the knowledge or belief of Deponent ever claimed any title to her freedom This deponents father held one of her children, John Watkins another and Mrs Elizabeth Smith another who all died slaves and never as the Deponent believes claimed freedom. The deponant has heard that Leaner formerly belonged to one Lockwood and that he has heard she came originally from beyond sea. This deponant saith he never heard that Leaners Mother was ever in this Country that he first Knew her fifty years ago and upwards and thinks she was then sixty years of age and very Grey headed This deponent never heard of any other woman named Leaner that lived with Lockwood Mrs Jones or his this deponents father he further saith that he has heard that Lenah was a Spaniard but dont recollect to have heard from what Country the ship Came in which she was brought to this country that he never heard that Lenah wore a golden cross at any time being asked if at the distribution of his fathers estate any of the representatives objected to take any of the descendants of Lenah from an apprehension that they might one day or other get their freedom, Answers no; that they were fond of taking that family they being more trusty about their business.

Sworn in open court 10th March 1790.

The   The Deposition of Richard Richardson of Lawful age being one of the people called Quakers did solemnly Declare and affirm that he knew a woman named Leaner who lived with and was owned by Mrs Jones a widow this affirmant thinks her name was Anne Jones.

This affirmant declares that he always understood and has heard that Leanor formerly belonged to one Lockwood that he always understood and has heard his father say she was imported from beyond Sea in a negro ship and was sold as a slave and up to the time of her death the said Leaner was always held as a slave this deponent says that he never heard of the said womans claiming freedom that she was of a dark brown complexion and this deponent thinks greatly resembled in her complexion and appearance a slave held by his father that was said to have been brought from Madegascar. This deponant further saith that his grand father owned three of Leaners children who died in his service and they were held as Slaves and never to his knowledge or belief any title to freedom This deponent knew two other of her children one held by Nicholas Watkins and the other by John Galloway and they died Slaves and never as this deponent believes claimed to be free. This Deponent further says that near 40 years ago he has heard his father say that a negro man one of Leaner children held by Thomas Ratcleff applied to the County court of this county for freedom but that he could make nothing appear to shew her was entitled to it and was order into his masters service by the Court and this Deponents thinks his father said he was wiped but is not certain. This deponent say that at the time Leaner lived with Mrs Jones there was another Mulatto or swarthy woman that lived in the family but was no relation to Leaner Being asked if he knew Lenahs Mother saith he never heard she had a mother in this Country. That he knew Lenah upwards of fifty years ago and she was then an Elderly woman when she lived with Mrs Jones affirmed to in open Court 10th March 1790.

Richard Richardson

 

Plummer Iiams aged 72 years being sworn in this cause says he has seen the petitioner and has understood that he is the son of Violet that he did not know Lenah Boston he has often heard talk of Madam Jones's old Lenah and never heard she or any of her family claimed their freedom untill Captain Thomas Watkins and Samuel Watkins informed him that Daniel the property of the said Samuel claimed his freedom and asked the deponent if he knew anything about it and he answered he did not and further saith not.

Sworn to this 4th day of August 1790 in open Court.

Mary Batson a woman of Colour and born of a free woman whose mother was a free white woman aged between sixty and seventy years being first duly sworn to say the truth in this cause deposeth and saith that she knows the petitioner and has known him from a small boy that she knew Violet his mother ever since the deponent was a small girl that she knew old Lenah Boston many years before she died and that she thinks she has been dead upwards of forty years that this Deponent was born in Ann Arundel County not far from the neighbourhood of Lenah and her descendants and has always resided in Anne Arundel County that Lenah was a bright yellow woman with long black hair which was straight this deponent further saith that she has always understood that Lenah the grandmother of the petitioner was a spanish woman and often has been her mother say that she was entitled to be free. This Deponent knew several children of the said Lenah to wit: Daniel, Ned, Tomey, Caesar, Simon, Nat, Bacon Violet, Sarah Marcer[?] she further saith that the deponents mother was born on the eastern shore as she has informed her and that she was brought over when young to Anne Arundel County and was brought up in the Swamp that she was brought up by old Robert Lockwood in the swamp and she has often heard her mother say that she knew the mother of Lenah and she was a spanish woman and that Lenah was very young when she came into this country with her mother and she has often heard her mother say that Lenah's mother died at Robert Loockwoods in his life time and was burried   Buried there and that she used commonly to wear a golden cross round her neck and that it was buried with her the Deponent being asked how old the Deponents mother was when she was born saith she cannot tell but that her mother had sixteen Children and the deponent was the youngest but two that she has frequently heard her mother say that Lenah's mother took care of her when she was young.

This Deponent further saith that she has understood that Ned one of the sons of Lenah many years ago attempted to get his freedom and that he was stopped at London town when on his way to Annapolis and there whipt and prevented from going further. This deponent saith that she has heard Ned say that he was whipped at London Town and his Indentures Burnt and that he thought he was used very ill and has understood that his masters name was Thomas Ratcliff and further she saith not. Being asked if Lenahs Children were born before she came to this Country says no they were all born in Maryland this deponent says she is now upwards of sixty years old and can remember Lenah ever since she was ten years old Lenah had therrten Children. This Deponent being asked how Long Lenah has been dead says near forty years.

Sworn before the subscriber this seventh day of August 1790.

Allen Quynn.

The Deposition of John Welch son of Robert aged sixty two years being Duly sworn in this cause saith that he knew old Lenah who belonged to Gassaway Watkins and whom he got from Mrs Jones his mother she was a bright yellow woman with remarkably long black straight hair; this deponent was young when he knew her and has understood she was an East Indian she had many Children one of which was named Violet if living would be upwards of seventy years of age this deponent knew Violet well When he was about eleven years old and used to see her often and he thinks she   she must have been about twelve or fourteen years older than himself This Deponent further saith that about forty seven or forty eight years ago he heard Richard Watkins son of the aforesaid Gassaway Watkins and in his life time curse the said old Lenah and tell her that she wanted to be free but she never would and further he does not remember to have heard of her claiming her freedom. Sworn before me this 3d day of Febry, 1791.

Richd Harwood Junr.

At which said next court to wit, the first Monday of November seventeen hundred and ninety come again as well the said Anthony Boston by his attorney aforesaid as the said Gassaway Rawlings by his attorney aforesaid Whereupon all and singular the premises aforesaid and the allegations and process as well on the part of the aforesaid Anthony Boston as the aforesaid Gassaway Rawlings being by the Court here seen heard fully understood and mature Deliberation thereupon had.

It is considered by the justices here that the said Anthony Boston of and from any future servitude to the aforesaid Gassaway Rawlings be hence discharged and freed.

And it is also considered that the said Anthony Boston recover against the said Gassaway Rawlings the sum of seven hundred and sixty one and two fifths pound of tobacco by the court hereunto him on his assent adjudged for his costs and Charges by him laid out and expended by occasion of the premises andsoforth.

Whereupon the said Gassaway Rawlings by his attorney aforesaid prays an appeal from the judgment aforesaid so as aforesaid rendered to the general court and the same is granted.

(Seal) In Testimony whereof I have hereunto set my hand and affixed the seal of office this 4th day of May in the year 1791.

Nich: Harwood Clk

And   And now here comes into the said General court as well the said Gassaway Rawlings by William Cooke his attorney as the said Anthony Boston by Gabriel Duvall his attorney and thereupon on motion of the said Anthony Boston by his attorney aforesaid it is ruled by the Court here that the said Gassaway Rawlings assign the errors in the record and proceedings aforesaid, or judgment by the Court here will be rendered against him in default thereof and the said Gassaway Rawlings by his attorney aforesaid prays a day in court here untill the second Tuesday of October next to assign errors in the record and proceedings of the judgment aforesaid; and he hath it: the same day is given to the said Gassaway Rawlings &c. And now at this day towit the said second tuesday of October being the eleventh day of the said month in the year of our Lord one thousand seven hundred and ninety one which said day was given to the said Gassaway Rawlings to assign errors in the record and proceedings of the judgment aforesaid come again into the General Court here the parties aforesaid by their attornies aforesaid and the said Gassaway Rawlings by his attorney aforesaid says that in the record and proceedings aforesaid and also in the given of Judgment aforesaid there is manifest error in this, to wit that by the record aforesaid it appears that the judgment aforesaid in the plaint aforesaid given was given for the said Anthony Boston against the said Gassaway Rawlings when by the law of the land that judgment ought to have been given for the said Gassaway Rawlings against the said Anthony Boston therefore in that there is manifest error and he prays that the judgment aforesaid for that error and others being in the record and proceedings aforesaid may be reversed annulled and held entirely as void and that he the said Gassaway Rawlings may be restored to all he has lost by occasion of the said Judgment; and that the said Anthony Boston may rejoin to the errors aforesaid &c.

And the said Anthony Boston by his attorney aforesaid says   says there is no error in the record and proceedings aforesaid or in the rendition of the judgment aforesaid and prays likewise that the court here may proceed to the examination of the matters aforesaid by the said Gassaway Rawlings above for errors assigned and that the said Judgment may be in all things affirmed &c.

Whereupon by consent of the parties aforesaid by their attornies aforesaid leave is given by the court here for either of the said parties to take depositions of witnesses on giving five days exparte notice and that such depositions be admitted in evidence on the hearing of this cause and thereupon with the consent of the parties aforesaid by their attorneys aforesaid and with the leave of the court here the said Parties file in court here certain depositions admited to be received and read in this cause and which said depositions are in the words following to wit.

Anthony Boston
vs
Gassaway Rawlings

Petition for freedom.

The Deposition of Robert John Smith of Ann Arundel County aged forty four years or thereabouts being first duly sworn on the holy evangelist of Almighty god saith. That he was born in Annapolis and served his apprenticeship in the neighbourhood where Gassaway Watkins deceased liv'd and that he never knew the person called Lenah nor ever in his life heard that such person or her descendants were entitled to their freedom untill about eight or ten years since and that he at no time ever had any conversation with either John Tydings or Joseph Mayo deceased respecting Daniel the slave of Samuel Watkins, brother of Gassaway Watkins, but that about eight or ten years ago the time above alluded to, he recollects having a Conversation with the said Samuel Watkins the master of said Daniel in which the said Samuel said that there was a talk that the said Daniel intended to try to get free, but that he was quite easy about it, for that he was no more entitled to freedom than that boy Jacob alluding to a boy then present who was then a slave of the said Samuel and still continues a slave in possession of his widow and further this Deponent says not.

Robt J. Smith.

Sworn before Sam Chase.

 

Gassaway Rawlings
Against
Anthony Boston

In the General court.

The deposition of Ann Watkins of Anne Arundel County of lawful age being first duly sworn on the holy evangels of Almighty God saith that she knows the defendant in this suit but knew nothing of his mother or grandmother that she has often heard old people in the neighbourhood talk about old Lenah, but does not remember the particulars of such conversation except one; that about thirty years ago or nearly about that time, their was a report that the desendants of som woman named Lenah intended to try to get free and Mr Thomas Sprigg deceased came to the house of Margaret Watkins the mother of this deponents husband and with whom this deponents husband then lived, and asked Margaret Watkins if she had heard it and said they were going to try to get free to which the said Margaret Watkins answered that they ought to be free and that it was then right upon which Mr Sprigg told her to be still about it and said he had some of them. This deponent has often heard her mother in law talk about Lenah and she always said she was no slave and that she was not counted a slave by the family and she further saith that her mother in law has been cleared about sixteen years, and was an old woman when she died perhaps about sixty years of age that she was the daughter of John Lamb and Elizabeth his wife who lived in Anne Arundel County near Queen Anne and was the wife of Nicholas Watkins who has been dead upwards of twenty years and this deponent believes was eighty years old or upwards when he died, and she has heard him say that Lenah and her family ought to be free. Being asked if she heard Mr Watkins or Mrs Watkins give any reason why Lenah ought to be free says she did not. Sworn to this fourth day of June 1791. before Jno Brice.

Anthony Boston
vs
Gassaway Rawlings

Retition for freedom.

The deposition of John Tydings of Ann Arundel County aged sixty one years or thereabouts being first duly sworn on the holy evangels of Almighty God   God saith that he knew old Lenah who he understands formerly lived with Robert Lockwood, and afterwards was in the family of Mr Jones and afterwards in that of Gassaway Watkins. That he knew Lenah when she lived with Robert Lockwood, and afterwards was in the family of Mr Jones and afterwards in that of Gassaway Watkins. That he knew Lenah when she lived at Mr Watkins's forty odd years ago, she was a yellow woman, and the deponent thinks he never saw a person of her complexion before nor since she had long black straght hair like the hair of an Indian and he further saith that about seven or eight years ago he happened at the house of Joseph Mayo since late deceased and the said Joseph Mayo mentioned that he had heard that Mrs Watkins's Daniel was making a move to get free, and asked this deponent if he had heard it, to which he answered that he had and on being asked by the said John Mayo of whom he heard it this deponent replied of Robert Smith; by said Mr Mayo, Smith knows every thing; the said Joseph Mayo observed that he believed they had let it alone to long and said he knew old Lenah when she lived with one Lockwood and that she was as free as he was; but did not mention how she was entitled to her freedom and told this deponent when he knew her first he was an apprentice boy to Mr John Sappington; this deponent saith that Daniel before mentioned is the brother of the petitioner and son of Violet who the deponent understood always was the daughter of old Lenah and she was a yellow woman, and had something of the complexion of her mother. And the deponent further saith that Lenah had not the looks of a negro mulatto and he knew Mareer a daughter of Lenahs who was a very yellow woman. This deponent lived in the neighbourhood of the aforesaid Gassaway Watkins and often saw Lenah.

Sworn to before the subscriber one of the justices of Anne Arundel County this 25th day of October 1791.

John Brice

Gassaway Rawlings
vs
Anthony Boston

Petition for freedom. Appeal from County court of Ann Arundel.

Thomas Gibbs aged upwards of 62 years being first sworn on the holy Evangelist of Almighty God deposeth and saith that he has seen old Lenah at the time she was the property   Property of Mrs Jones when she appeared to this deponent very aged who was himself at that time about seven years of age. that he hath ever understood that the said Lenah was a Slave and never has heard untill lately that either she or her descendants were entitled to freedom. The deponent farther saith that he knew mulatto Moll who he is informed was the mother of Mary Batson and has always understood that she came a servent out of old Lockwoods family and served her time out in the family of old William Richardson and was a then set free. This deponent farther saith that he has known Mrs Anne Watkins ever since she was a small girl that she was the reputed daughter of Parson Spencer a man of very bad character and that she lives adjoining to his plantation and is considered a great injury to the neighbourhood from her connextion with negroes being asked from he understood that mulatto Moll came out of Robert Lockwoods family answers that he cannot particularly recollect being also asked from whom he understood that mulatto Moll was the mother of Mary Batson, answers that he knew Moll who he is informed now calls herself Mary Batson when she was a small girl at which time she lived with her mother mulatto Moll and that he thinks the said Mary Batson is about his age he was born not more than a mile from the place where the said Mary was born as he is informed and believes. Being asked wether the said Mulatto Moll was born free or a slave answers that he has understood that she was born of a white mother by a black father. Being asked wether he knows of any connection of Mrs Watkins with negroes other than negroes assemblng at her house to hear preaching answers he does not. Being asked when and in what numbers they assemble there says chiefly by night and understands in mumbers. Being asked if he knew any of the Brothers of Mary Bation. answers he knew Tom and Mark. being asked wether they were considered as Slaves or free persons Answers that he thinks he has understood that they were to be freed at such an age. being   Being asked if Tom died in the possession of Mr Richardson answers he believes so and that he has understood that the reason mulatto Moll came to serve so long was by her having children by a slave. Being asked wether Tom was worked as a slave answers that he was wored in the same manner as Mr Richardson's other negroes. Being asked whether he over heard Mr Richardson claim him as a slave answers that he never heard him say any thing about him.

Thos Gibbs

Taken in the presence of the Counsel of the parties and sworn to before me this 3d of November 1791.
James Disney

Gassaway Rawlings
vs
Anthony Boston

Appeal from county court of Ann Arundel on a petition for freedom.

Mary Cruckley aged more than seventy six years being first sworn on the holy evangelist of Almighty God deposeth and saith that she was born in Ann Arundel County near the place were Rawlings tavern now stands and was carried as she has been informed and beleives into the swamp an Infant at the breast where she lived adjoining the plantation of old Robert Lockwood and within one mile of his house untill she was sixteen years of age. that she always understood Lenah was a slave of old Robert Lockwood and after his death came as such into the possession of Mrs Jones. that the deponents mother as she believes was well acquainted with old Robert Lockwoods famaly and that from every thing she ever heard from her mother and others during her whole life she has been informed and verily belives that the said Lenah was a slave and had no title to her freedom and that she well remembers one of her (Lenahs) family trying to get free a number of years ago when it could be well proved who Lenah was and all about her and she understood it was then proved that they had no right to their freedom and this deponent further saith that she never heard of such a person as Lenahs mother being in this Country and she believes   Believes no such person ever lived in the swamp or on Robert Lockwoods plantation or she thinks she must have known or heard of her. that she knew old mulatto Moll who she is informed was the mother of the person called Mary Bation and always understood that she served her time out with old William Richardson. that she also knew several mulattoes who did belong to the estate of old Robert Lockwood and were distributed about after his death. To wit among others Toby, Nan, and Bet, who came To old Mrs Metcalf and some to Mr Jones and some to old William Richardson. Being asked wether she had any other reason to believe Lenah was a slave other than seeing her in the possession of Mrs Jones answers that she has no other than seeing her their among other slaves and never hearing that she was free except Mrs Jones leaving her to her son Gassaway Watkins with whom she lived and died as a slave. Being asked what reason she had to believe that her mother was well acquainted with old Robert Lockwood and his family, answers that her father possessed and lived on the plantation adjoining old Robert Lockwood's Plantation and that her mother lived there about two years before this Deponent was born before which time she the deponents mother lived with her father the deponents grand father near where Rawlings tavern now stands not more than five miles from where Robert Lockwood lived. Being asked what age she supposed her mother was when she was married answers that she supposes she was about 18 or 19 years of age. being asked wether she recollects any conversation of her father respecting Lenah answers she does not recollect ever to have heard any. Being asked wether she recollects from whom she heard that Toby, Nan, and Bet came from old Robert Lockwoods estate. answers that he knew the persons, but cannot recollect particularly from whom she heard that they came from Lockwoods estate. Being asked how long she has known mulatto Moll answers about 20 years or more and does not believe that Mulatto Moll   Moll was older than herself. Being asked if mulatto Moll has been dead ten years answers she believes she has been dead for 10 years and that she was an old woman when she died

Mary Auchly
her M mark

Taken in the presence of the counsel of the parties and sworn to before me this 4th day of November 1791.
James Disney.

But because the court here are not advised to give their judgment of and upon the premises day therefore is given to the parties aforesaid before the Court here untill the second tuesday of May next to hear their judgment of and upon the premises because the court now here thereof are not yet advised &ca

At which said second Tuesday of May being the Eighth day of the said month in the year of our Lord one thousand seven hundred and ninety two come again into the General court here the parties aforesaid by their attornies aforesaid Thereupon by consent of the parties aforesaid by their attornies aforesaid leave is given by the court here for either of the said parties to take the depositions of witnesses on giving ten days notice to the adverse party and that such depositions when so taken to be admitted and read in evidence on the hearing of this cause &c. But because the court here are not advised to give their judgment of and upon the premises further day therefore is given to the parties aforesaid before the court here untill the second Tuesday of October next to here their Judgment of and upon the premises because the court now here thereof are not yet advised &c.

At which said tuesday of October being the ninth day of the said month in the year of our Lord seventeen hundred and ninety two come again into the General Court here the parties aforesaid by their respective attornies aforesaid and thereupon the said parties in pursuance of the leave aforesaid file in court here certain Depositions of witness and which are in the words following to wit.

Gassaway Rawlings
vs>
Anthony Boston

Appeal

The deposition of Benjamin Carr of Ann Arundel County   County aged about sixty six years being duly sworn on the holy Evangels of Almighty God saith that he has known Mary Batson a witness sworn in this cause many years, and the said Mary Batson lived with the deponent and on his plantation about ten years, and during the whole time conducted herself honestly and behaved well, and the deponent thinks her honest and deserving of Credit and the deponent never heard any charge against the honesty or veracity of Mary Batson who has raised several children since he knew her.

Sworn to in open court the 16th October 1792.

Jno Gwinn Clk.

Anthony Boston
at suit of
Gassaway Rawlings

Petition for freedom in the General Court, on appeal.

Benjamin Ashwell of Anne Arundel county who says he was born on the first day of January and he thinks in the year seventeen hundred and five, being duly sworn on the holy evangelist of Almighty God deposeth and saith that he does not remember Lenah who formerly lived with Robert Lockwood but he remembers something of Robert Lockwood and thinks he saw him when he this deponent was a small boy he does not remember nor does he know any thing of Lenah nor does he remember ever to have heard Joseph Ford or his father talk of her; he further saith that he knew Joseph Mayo when he was an apprentice boy to John Sappington and he thinks Mayo was rather older than himself but he does not ever recollect ever to have heard him speak of Lenah and he proves nothing about it. Being asked if he knew mulatto Moll who lived with William Richardson says he did and that he knew her son Mark. Being asked if he knew at what age Mark was set free, answers he thinks at the age of thirty one years. Being asked if he knew how long Mulatto Moll has been free says he does not, but he knew her and she has not been dead many years he has not seen her these seven or perhaps ten years. He further saith that he knew William Ford and his wife Hannah   Hannah Ford and was frequently at their house at reapings but does not remember ever to have heard either of them mention anything about Lenah he further says that he never heard mulatto Moll called any thing but free Moll and she lived in a house between Mary Thomas's and William Richardson when he first knew him, and he has known her a great number of years but how long cannot remember.

Benjamin Atwell
his B mark

Sworn this 21st day of May 1792. Before Jas. Disney

The Deposition of Mrs Alice Taylor aged about seventy seven years being first Duly sworn on the holy evangels of Almighty God saith.

That she well knew old Mulatto Moll otherwise called free Moll and often heard her say that she came out of the widow Lockwoods Estate into the family of old William Richardson and served her time out with him, and Mr Richardson afterwards setteled her on a part of his Land and gave her, her maintainance, being asked what time Moll serv'd Mr Richardson answers that she did not remember how long but from frequently hearing her call Daniel Richardson master, asked why she call him so being then free Moll answered and said she came from out of the Swamp from widow Lockwood's and had served her time with his father old William Richardson but do not remember that she heard Moll or any other person say how long she had served being asked if she knew old Lenah who lived with old Mr James Answers that she never knew that there was such a person as Lenah being asked if she knew wether Moll had any children while she lived with Mr Richardson answered that she heard Moll often speak of her Daughter Lucy who lived with old Joseph Hill near Annapolis that she had before she came to Mr Richardson's that she also knew Isaac Mark Ned and Tom Mary Batson and Ann, but how many of the later number she had after she came to Mr Richarson she does not know but she heard Mary Batson say about two years ago that she was far advanced in forty and further saith not. Taken after due notice to the council for the plaintiff Daniel Boston against Henry Hall Defendant and in the presence of the defendant this twenty third day of June 1792.

Richard Harwood Junr

 

Gassaway Rawings
vs
Anthony Boston

In the General Court. October Term 1792.

Anne Brown of Anne Arundel County aged about sixty years being sworn on the holy evangels of Almighty God deposeth and saith that she knows Anthony the defendant but has not much acquaintance with him that she knew Vy his mother very well and she knows old Lenah the mother of Vy as well as she knows her own mother that she the deponent is the daughter of Mary Brown known by the name of Mulatto Moll; that she has always understood from her mother that she lived in the family of old Robert Lockwood in the Swamp in Anne Arundel County that she was to serve the said Robert Lockwood until she was thirty one years old, and that when Mrs Lockwood died she was big with the first child; and she further saith that her mother has told her many times that the mother of Lenah brought her up and took care of here she was small and that she has often heard her said Mother say that the said Lenah's mother was to be free and was a Spanish woman; and she has also heard old Mr Wayson say that Lenah's mother was a Spanish woman and they sometimes called her a hispaniola woman and the deponent has heard the said Wayson who lived in the swamp say she was a free spanish woman, and she has heard the said Wayson talk many a time to her mother about getting her children free; and she further saith that she has heard Mary Ratcliff who was a white woman and lived in the family of Robert Lockwood say that Lenahs mother was a free woman and she has heard her say so many a time; and she has also heard Thomas Ratcliffe husband of the said Mary Ratcliffe who also lived in the family of Robert Lockwood say that Lenah's mother was a free woman and she has also heard old Mr Metcraft in the swamp who she thinks was father of the present old John Metclaf say that Lenah's mother was a spanish woman and free; and she has heard the same from   From his wife and she further saith that she has heard the aforesaid Mary Ratcliff and the mother of the deponent say that Lenah's mother wore a gold Cross and gold bobs in her ears and she heard the aforesaid Thomas Ratcliff and Mary Ratcliffe say that Lenah's mother came into this country free and had good cloaths and gold rings on her fingures and she has heard the said Mary Ratcliffe, Thomas Ratcliff and the mother of the deponent and Lenah all say that Lenah was born before she came to this country and the deponent further sayth that she never heard any old person in the neighbourhood of the Swamp say that Lenah's mother was a slave and she has often heard them talk of her and she further saith that she knew very well old William Foard in the swamp and has been at his house oftener than she has fingures and toes and she used to go with her mother to the said William Foard who employd the mother of the deponent to do sewing work for his negroes and she has often heard the said William Foard say that Lenah was a spanish woman and free and she has often heard the said William Foard and her mother talk about the mother of Lenah and she has heard the said William Foard say that Lenah was a born before she came upon land, and she has heard everyone say so how knew Lenah and whom she heard speak of her Being asked if she ever heard whom William Foard married answered she has heard he married Hannah Galoway daughter of old Samuel Galoway Being asked if she ever heard that William Foard was a servant to the said Samuel Galloway answers she never did hear that he was a sevent to any one. Being asked if he was a man reputed and esteemed answers she can say he was a man who had a very good living and had a good many slaves and kept a very good house and the deponent says that the said William Ford got by his said wife a negro named Peter who came out of old Robert Lockwoods estate as she has understood from her mother, and she has heard her said mother say that Peter's mother was her fellow servant but a slave and further she saith not.

Sworn before the subscriber one of the aldermen of the City of Annapolis.

J Bullen.

 

but because the court here are not advised to give their judgment of and upon the premises further day therefore is given to the parties aforesaid before the court here untill the second tuesday of May next, to hear their judgment of and upon the premises because the court nowhere thereof are not yet advised &c.

And now here at this day to with the 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 comes again into the General court here as well the said Gassaway Rawlings by William Cooke and Luther Martin his attornies as the said Anthony Boston by Gabriel Duvall and William Pinkney his attornies and thereupon the parties aforesaid by their attornies aforesaid in pursuance of the leave aforesaid file in court here certain Depositions of witnesses and which are in the words following to wit.

Whereas ye subscriber is desired to say what I know concerning a negro named Ned formerly belonging to ye widow Lockwood and now in possession of William Glover which is as follows that the said Ned's grandmother old Mareer was always deemed to be a madargasco slave bought by Robert Lockwood and served as a slave during Life and her daughter Lenah was born all the said Lockwoods house and served as a slave till death.

William Foard.

August ye 10th 1747.

The Deposition of John Norris aged about seventy two years who being duly sworn on the holy evangels of Almighty God saith that he has been perfectly acquainted with the hand writing of old William Foard who formerly lived in the Swamp ever since he the said Norris was a boy and have seen abundance of the said Foards writing at various times and that the certificate hereunto annexed (respecting a negro man named Ned) formerly belonging to the widow Lockwood (and now in the possession of William Glover) bearing date the 10th day of August 1747 and signed by the said William Foard is all in the hand writing of the said William Foard

taken this eighth day of October 1792.

Before Richd Harwood Junr.

 

This deponent being again sworn and being asked if he new how Long the said William Foard has been dead answered about thirty years and he thinks not more that he does not know the age of said Foard but that he the said Foard had several Children older than this deponent. This deponent further saith that Ned above mentioned was an old man when he died and that he died some time before the commencement of the late war but how Long he does not know and that he has heard that the above Ned went to Annapolis in order to get his freedom but returned home without it and understood he served contentedly afterwards as a slave This latter deposition taken in the presence of Mr Gabriel Duvall this 13th day of October 1792.

Before Richard Harwood Junior

Margaret Gassaway Watkins of Ann Arundel County of lawful age being sworn on the holy evangels of Almighty God touching her knowledge of the claim of the family of people called Bostons and being asked if she ever heard her father John Watkins speak of them the said Bostons and their right to freedom answers she did not and saith also that she heard her mother on being asked by Daniel Boston as to her husbands declaration say also that she had never heard her husband speak of them that her father has been dead about sixteen years, and the deponent was young when he died.

Sworn before me the 21st day of May. Sworn to before Richd Harwood Junr.

Richard Hopkins son of Philip of Anne Arundel County aged fifty three years and upwards being sworn on the holy evangels of Almighty God touching his knowledge of the right of the family of the Bostons to freedom, saith he knows nothing of them and never heard of the name of Boston; Being asked if he knew Ratcliffs Ned answers he did, and that his father purchased him of William Glover when the deponent was a small boy; that he lived to be an old man, and lived many years after the death of his father that he never heard Ned claim his freedom, nor did he ever hear any one say any thing concerning his freedom untill lately that he was a yellow fellow a bright mulatto and had long hair like a mulatto's hair, and as long as he ever saw mulatto's hair. taken this 21st of May 1793.

Sworn to before Richd Harwood Junr.

 

Dinah Waktins of Ann Arundel County of lawful age being duly sworn on the holy evangels of almighty God deposeth and saith that she remembers Lenah a small yellow woman in the possession of her grand mother Mrs Jones but the deponent was then small and does not remember to have heard anything said about her freedom, but seeing her among her grandmothers people supposed she was a servant of her grandmothers what makes her remember Lenah more particularly she recollects she was a cripple and was disliked by the children. Being asked if she recollects wether Mrs Jones was a kind indulgent mistress, or otherwise answers she was reconed an indulgent mistress. Being asked if she recollects to have heard her husband speak of Lenah's right to freedom answers she does not. Being asked if she recollects ever to have heard Nicholas Watkins or his wife (which Nicholas was father in Law to the Deponent) say any thing about Lenah's freedom answers she does not recollect to have them or any other person ever say any thing about Lenah's freedom.

Taken this 21st Day of May 1793. before Richd Harwood Junr.

Mary Farro wife of Stephen Farro, of Anne Arundel County aged about thirty two years being sworn on the holy evangels of Almighty God to testify the truth of her knowledge respecting the claim of the people who call themselves Bostons to freedom, deposeth and saith that she has at many times heard her mother say that she know Lenah a small yellow woman who was lame and that if she had her right she was as free as she was and that she understood she was a spaniard that she had long black hair and resembled much a yellow man who lived with Major Jonathan Sellman whose name was Andrew Fernander and who the deponent has understood was a spaniard. That her mother has been dead going on three years was named Susannah Grey[?] when she died and her maiden name was Rosinquest; Being asked if she has ever heard her mother say when she was brought up and lived when she was young answers   Answers she does not recollect being asked if she knew how old she was when she died answers she does not not know nor does she recollect that she has heard her mother mention her age so as to remember it, but she was an old woman when she died. Being asked if any person was present when she heard her mother speak as above related answers Her husband Stephen Farro was present and heard her frequently Being asked when she first heard her mother say so answers when she the Deponent was a small girl and she heard her mention it about three or four years before she died; and she heard her say she had a husband named Bacon who was a slave and she wondered why she did not claim near Mrs Jones in Anne Arundel County answers she has heard her say she lived in the neighbourhood where Leneh lived and near to her taken this 21st Day of May 1793. Before Ricd Harwood Junr.

Gassaway Rawlings
vs
Anthony Boston

Appeal. General Court.

Joseph Cowman of Anne Arundel County being one of the people called Quakers personly appeared before the subscriber one of the justices of Anne Arundel county and did solemnly and truly declare and affirm that he has known Mrs Ann Watkins a witness sworn in this cause for twenty years at Least having lived within a few miles of her, and saith that he has never heard any thing to the prejudice of her Character in any respect in his life and has never heard of any ill consequences arising from any persons attending at her house to hear preaching that she said Ann Watkins is of the society of people called Methodists and he believes that the meetings at her house to hear preaching were had from religious motives. Affirmed before me this 25th May 1793.

John Randall.

Whereupon as well the record and proceedings aforesaid and the Judgment given in form aforesaid as the matters aforesaid by the said Gassaway Rawlings above for errors assigned and the depositions aforesaid taken with the consent of the parties aforesaid and admitted to be received and read in evidence in this case being seen and fully understood by the Court here and mature deliberation thereupon had and it being admitted that the said Anthony Boston is a descendant of Violet the daughter of Linah the Daughter of Maria or Marea and it appearing to the court on the examination of the said depositions taken in this case that Maria or Marea was a spanish woman and that her Daughter Linah was born before she came into Maryland   Maryland and was of yellow colour or complexion with long black hair The Court are of oppinion that the said Mariah or Marea was not a slave but free, therefore there is no error in the record and proceedings aforesaid or in giving judgment aforesaid Therefore it is considered by the court here that the said Anthony Boston be free and discharged from all further servitude and that the Judgment aforesaid is given in form aforesaid be in all things affirmed and stand in full force and effect the said Causes for error above assigned and alledged in any wise notwithstanding and it is further considered by the Court here that the said Anthony Boston have execution against the said Gassaway Rawlings as well for the Costs and Charges aforesaid as adjudged unto him in the said County court of Anne Arundel as also the quantity of two thousand one hundred and sixty two pounds of tobacco adjudged unto the said Anthony Boston by the court here for his costs and charges which he hath sustained by occasion of the delay of the execution of the judgment aforesaid by pretence of the prosecution of the said appeal by the said Gassaway Rawlings of and upon the premises as aforesaid prosecuted &c.

Test Jno Gwinn Clk.