Maria Boston v. Benjamin Ogle. Judgement Record

 

Maria Boston
against
Benjamin Ogle

Be it remembered, that heretofore, to wit, on the twenty first day of November in the year of our lord one thousand seven hundred and ninety one, the said Maria Boston by George Jenings her attorney Exhibited to the Court here her Petition for freedom against the said Benjamin Ogle and which is of the tenor and form following, towit; To the Honourable the Judges of the General Court, The Petition of Maria Boston, humbly sheweth that your Petition is held in slavery by a certain Benjamin Ogle of Anne Arundel County when she is entitled to her freedom being descended from a free yellow woman being one of the Portugues whose name as your Petitioner is informed was Lenah Boston, your Petitioner therefore pray your honours to take her case into consideration and discharge her from the service of the said Benjamin Ogle and your Petition as in duty bound will pray &c. G. Jenings for Petitioner

Thereupon the writ of the State of Maryland of Summons issued forth out of the General Court here directed to the Sheriff of Anne Arundel County in form following to wit. The State of Maryland to Wit; To the Sheriff of Ann Arundel County, Greeting. We command you that you summons Benjamin Ogle late of Ann Arundel County that all delays and excuses be 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 unto the Petition of Maria Boston 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 Court the 1st day of November Anno Domini 1791. Issued the 21st day of November Anno Domini 1791. (G. Jgs.) Jno Gwinn Clk.

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, and the return day of the said writ comes into the General Court here the said Maria Boston by her attorney aforesaid; and the Sheriff of Anne Arundel County aforesaid to whom the said writ was in form aforesaid directed to wit; William Goldsmith Gentleman makes return thereof of the Court here thereon endorsed to wit. "Summoned. Wm Goldsmith Shff."

Thereupon the said Benjamin Ogle appears in Court here by William Cooke his attorney: thereupon further process of and upon the premises aforesaid between the said parties in continued until the second Tuesday of October next: the same day is given to the said parties then &c.

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 come again into the General Court here the parties   parties aforesaid by their attornies aforesaid: thereupon further process of and upon the premises aforesaid between the parties aforesaid is further continued until the second Tuesday of May next: the same day is given to the said parties then &c.

And now at this day to wit, the 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, come again into the General Court here as well the said Maria Boston by George Jenings, Gabriel Duvall, and William Pinkney her attornies as the said Benjamin Ogle by his attorney aforesaid: Whereupon by consent of the parties aforesaid by the attornies aforesaid it is agreed that the Depositions of Witnesses taken and filed in the case determined at this Term in the General Court here on an appeal from Anne Arundel County Court between Gassaway Rawlings appellant and Anthony Boston appellee be received and admitted as Evidence in this cause and which said Depositions are in form following to wit.

(Here follow all the Depositions against Anthony Boston as recorded in Liber J. G. No 18 folios 586 587 &c)

Whereupon the said Benjamin Ogle by his attorney aforesaid saith that he cannot deny the complaint of the said Maria Boston so as [?] made nor but that the said Maria Boston is entitled to her freedom being descended from a free yellow woman, being one of the Portugese whose name was Lenar Boston in manner and form as she the said Maria Boston by her said Petition to the Court here preferred against him the said Benjamin Ogle above hath alleged;

Therefore it is considered by the Court here that the said Maria Boston the Petitioner aforesaid recover of and against the said Benjamin Ogle her freedom and that she be hence freed and discharged of and from the service of the said Benjamin Ogle and that she the said Maria Boston the Petitioner aforesaid go freed and discharged thereof without day &c. And it is further considered by the Court here that the said Maria Boston the Petitioner aforesaid recover against the said Benjamin Ogle the quantity of five hundred and ninety one pounds of Tobacco by the Court here unto the said Maria Boston on her assent adjudged for her costs and charges by her about the prosecution of her said Petition in this behalf laid out and expended; and that she have thereof her execution.

Test. John Gwinn Clk.