John Boston v. John Francis Mercer. Judgement Record

 

John Boston
against
John Francis Mercer

Be it remembered, that heretofore towit, on the first day of November in the year of our Lord one thousand seven hundred and ninety one, John Boston by George Jenings his attorney preferred and filed in the General Court here his petition for Freedom against John Francis Mercer which is in form following to wit.

To the honourable the Judges of the General Court The Petition of John Boston, Humbly sheweth that your Petitioner is held in Slavery by a certain John F. Mercer when he is entitled to Freedom being descended from a free yellow woman, being one of the Portugues whose name as your petitioner is informed was Lenar Boston; your Petitioner therefore prays your honours to take his case into consideration and discharge him from the service of the said John F. Mercer and your petitioner as in duty bound will pray &ca

Geo. Jenings for Petitioner

Whereupon, in pursuance of the Rule and order of the Court here in such case made, on the twenty first day of November in the year of our Lord one thousand seven hundred and ninety one the said John Boston by his attorney aforesaid, prosecuted and sued forth out of the General Court here, the writ of the State of Maryland of Subpoena ad respondendum against the said John Francis Mercer 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 John F. Mercer 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 John Boston prefered 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 1st day of November Anno Domini 1791.

Issued the 21st day of November Anno Domini 1791.

Jno Gwinn Clk.

G. Jgs.

[incomplete image]  

aforegoing Summons comes into the General Court here, the said John Boston by his attorney aforesaid; and the sheriff of Anne Arundel County aforesaid to whom the said summons was in form aforesaid directed makes return thereof to the court here thus Endorsed, to wit. Summoned Wm Goldsmith Shff.

Whereupon comes into the General Court here, the said John Francis Mercer by William Cooke his attorney. And thereupon further process of and upon the premises aforesaid, between the Parties aforesaid by order of the Court here is continued until the second Tuesday of October next; the same day is given to the parties aforesaid, then and soforth.

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, come again into the General Court here as well the said John Boston by his attorney aforesaid, as the said John F. Mercer by his attorney aforesaid; Thereupon, further process of and upon the premises, between the parties aforesaid by order of the Court here is further continued untill 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 John Boston by George Jenings, William Pinkney and Gabriel Duvall his attornies aforesaid as the said John F. Mercer 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 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 John Boston by his attornies aforesaid as the said John F. Mercer by his attorney aforesaid. Whereupon the parties aforesaid by their attornies aforesaid agree that all the Testimony taken in the case of Anthony Boston against Gassaway Rawlings be received as Evidence in this case and the   the said John Boston by his attornies aforesaid, files in Court here, the Depositions of Ann Brown which are in form following to wit.

Anne Brown aged about sixty years being sworn on the holy Evangely of Almighty God deposeth and saith, that she knows John Boston and Jenny Boston who petitioned for their freedom against John Francis Mercer and has known them ever since they were born having lived close to them in the neighbourhood at the time, they are brother and sister of Ben, Phil and Maria who petitioned against Richard Sprigg, and son and daughter of Nelly who belonged to Thomas Sprigg deceased; Nelly was daughter of Maria who lived with William Richardson and after his death with Daniel Richardson she also knew Maria well and always understood she was daughter of old Lenah whom this deponent knew when she lived with Madam Jones and she further saith that Fanny, Henny, Anne, Bet, and Daniel are children of Jenny.

Sworn to this    day of    1793 J Bullen.

Anne Brown aged about sixty years being sworn on the holy Evangely of Almighty God deposeth and saith that she knows Maria Boston, Benjamin Boston, and Philip Boston who petitioned for their freedom against Richard Sprigg and she has known them all ever Since they were born having lived close to them in thee Neighbourhood when they were born; they are the sons and daughters of Nelly who belonged to Thomas Sprigg father of the defendant, when they were born and she knew Nelly well she was some thing older then the deponent, and the deponents first child and Nellys firsts child were nearly of an age; Nelly was the daughter of Maria Boston who belonged to William Richardson and afterwards to Daniel Richardson and the said Maria was always reputed to be the daughter of old Lenah Boston who belonged to Madam Jones; she knew the said Maria well and she used to call Lenah, Mother, and Linah used to come to see her and acknowledged her as her daughter, and she never heard it denied or contradicted.

Sworn to this    day of    1793. J Bullen.

Ann Brown aged about sixty years being sworn on the holy Evangely of Almighty God deposeth and saith, that she well knows Guy the petitioner now present, against Richard Richardson, having lived in Richard Richardson's family, [incomplete image]   Deponent has known ever since she knew herself and she always understood that the said Hannah was daughter of Sarah Boston, whom this deponent did not know, but has always understood she was daughter of Old Lenah who lived with Madam Jones and she never heard it denied or contradicted That Peter and John are sons of Dinah Boston sister of the aforesaid Guy; and Deborah is daughter of Minta also sister of Guy; that Dinah and Minta are both dead and this deponent knew them both well.

Sworn to this    day of October 1793. J Bullen.

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 parties aforesaid, then and soforth.

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, come again into the General Court here as well the said John Boston by his attornies aforesaid, as the said John Francis Mercer by his attorney aforesaid; Whereupon, the parties aforesaid by their attornies aforesaid file in Court here an agreement in form following towit

Benjamin Boston
against
Richard Sprigg

Petition for Freedom in the General Court.

It is agreed that this cause and the other petitions from the same family against the defendant and others be continued untill next Term, and that depositions taken in Annapolis in the presence of the Counsel on both sides, or on notice to the opposite Counsel be read as Evidence; and that the petitioners in the mean time have liberty to hire themselves and receive the money to their own use

G. Duvall for Petr
W. Cooke p Defdt

Whereupon 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 said month, in the year of our Lord one thousand seven   seven hundred and ninety four, come again into the General Court here as well the said John Boston by his attorneys aforesaid as the said John Francis Mercer 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 parties aforesaid, then and so forth.

At which said second Tuesday of May being the twelfth day of the said month in the year of our Lord one thousand seven hundred and ninety five, come again into thee General Court here as well the said John Boston by his attornies aforesaid, as the said John Francis Mercer 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 untill the second Tuesday of October next; the same day is given to the parties aforesaid, then and so forth.

And now at this day to wit, the said second Tuesday of October being the thirteenth day of the said 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 John Boston by his attornies aforesaid, as the said John Frances Mercer by his attorney aforesaid; And the said John Boston by his attornies aforesaid file in court here the depositions in form following to wit.

John Boston
vs
John F. Mercer

Anne Brown aged about sixty three years being Sworn on the holy evangely of Almighty God deposeth and saith, that she knows John Boston now present who belongs to Col. Mercer and she has known him ever since he was born in the family of Thomas Sprigg deceased; he is son of Nelly Boston and brother of Benjamin and Philip who petitioned against Richard Sprigg; that Jenny Boston who petitioned against Col Mercer is sister of John and Maria is also sister of John; that Fanny, Henry, and Anne are Children of Jenny all of whom this deponent knows. That Peter who petitioned against Stephen Steward is son of Darkey who was daughter of Violet and Sister of Anthony Boston who petitioned against Gassaway Rawlings and obtained his Freedom. That George Boston who petitioned against James Murray is son of Tamar who obtained her freedom against Benjamin Ogle and whom this deponent well knew. That she well knows Peter and John who have petitioned against   against Richard Richardson they are the sons of Dinah now deceased who was daughter of Hannah, who was daughter of Sarah who was daughter of Lenah Boston all of whom this deponent well knew That Deborah who has petitioned against Richard Richardson is daughter of Minta who is now dead; Minta was daughter of Hannah Boston, who was daughter of Sarah aforesaid the daughter of Lenah. That she knows Richard Boston who has petitioned against Joshua Warfield he is son of Darkey who was daughter of Violet and Sister of Anthony who obtained his freedom against Gassaway Rawlings. Sworn this 17th day of October 1795. before J Bullen

Benjamin Boston
vs
Richard Sprigg

Petition for freedom in the General Court.

Jonathan Selman of Anne Arundel County being duly sworn on the holy Evangely of Almighty God in this Cause, and being asked if he knew a certain Andrew Fenara who served as a Soldier during the last war, answers he did; he was a Soldier under the Command of the deponent upwards of three years; and after his discharge was employed two or three years in the Capacity of a Servant that the said Andrew Ferrara was a Spaniard as the deponent always understood and he himself has told the deponent so often, and he spoke the spanish language; also the French and Italian that he has told the deponent he was born in New Spain, and had been in old Spain. Done before James Disney this 19th May 1794. Jona Sellman Junr

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 John Boston the petitioner aforesaid is entitled to his Freedom, being descended, from a Free Yellow woman, as he by his petition to the court here have alleged; Therefore it is considered by the court here, that the said John Boston the petitioner aforesaid, be free and discharged of and from the service of the aforesaid John Francis Mercer and that he the said John Boston the petitioner aforesaid go thereof without day, &c. it is further considered by the Court here, that the said John Boston the petitioner aforesaid recover against the said John Francis Mercer the quantity of Eleven   Eleven hundred and fifty seven pounds of tobacco by the court here unto him the said John Boston on his assent adjudged 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.

And thereupon the said John Francis Mercer by his attorney prays an Appeal from the Judgment aforesaid of the Court here so as aforesaid rendered to the high court of Appeals of the state of Maryland, and to him it is granted: It is therefore ordered by the Court here that the record of the proceedings aforesaid, in the plea aforesaid with all things thereunto relating, be transmitted to the said High Court of Appeals, and the same is transmitted accordingly.

Test John Gwinn Clerk.