George Boston v. John Francis Mercer & Sophia Mercer. Judgement Record

 

George Boston
against
John F. Mercer & Sophia his wife Ex of
Richard Sprigg

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; George Boston by George Jenings his attorney produced and filed in the General Court here his Petition against Richard Sprigg for Freedom, the tenor whereof is in form following towit. To the Honorable the Judges of the General Court, The Petition of George Boston humbly sheweth, that he is detained in slavery by a certain Richard Sprigg of Anne Arundel County when he is entitled to his Freedom being descended from a Free yellow woman being one of the Portuguese whose name your petitioner is informed was Lenah Boston. Your petitioner therefore prays your Honors to take your petitioners case into consideration and to discharge him from the services of the said Richard Sprigg and he as in duty bound will pray &ca G. Jenings for Petr
Whereupon, it is ordered by the Court here, that Summons issue against the said Richard Sprigg to answer the Petition of the said George Boston prefered against him for Freedom, which is accordingly issued directed to the sheriff of Anne Arundel County in form following towit. The State of Maryland towit, To the Sheriff of Ann Arundel County Greeting: We command you that you summons Richard Sprigg 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 George 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 honorable Samuel Chase Esquire Chief Judge of our said Court the 1st day of November Anno domini 1791. Issued the 2d day of November Anno domini 1791. (G.J.) Jno Gwinn Clk At which said second tuesday of May in the year of our Lord One thousand seven hundred and ninety two, being the day of the return of the aforegoing summons, comes into the General Court here, the said George Boston by his attorney aforesaid, and the sheriff of Anne Arundel County to whom the said summons was in form aforesaid directed, makes return thereof to the Court here that he hath summoned the said Richard Sprigg to answer the petition of the said George Boston prefered against him for Freedom, as by the said summons he was commanded: Whereupon the said Richard Sprigg by William Cooke, his attorney appears in Court here, and defends the Complaint when the Court shall take the same into Consideration, 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 George Boston also. At which said second tuesday of October in the year of our Lord One thousand seven hundred and ninety two, come again into the General Court here, as well the said George Boston by his attorney aforesaid, as the said Richard Sprigg by his attorney aforesaid: Whereupon the said Richard Sprigg by his attorney aforesaid as before defends the Complaint andsoforth, and prays leave of the Court here further to imparle until the second tuesday of May next, and to him it is granted, the same day is given to the said George Boston also. At which said second tuesday of May in in the year of our Lord One thousand seven hundred and ninety three, come again into the General Court here as well the said George Boston by George Jenings, Gabriel Duvall and William Pinkney his attornies as the said Richard Sprigg by his attorney aforesaid as before defends the complaint and soforth, and prays leave of the Court here further to imparle until the second tuesday of October next, and to him it is granted, the same day is given to the said George Boston also. At which said second tuesday of October in the year of our Lord One thousand seven hundred and ninety three, come again into the General Court here, as well the said George Boston by his attornies aforesaid as the said Richard Sprigg by his attorney aforesaid: Whereupon the said Richard Sprigg by his attorney aforesaid as before defends the complaint and soforth, and prays leave of the Court here further to imparle until the second tuesday of May next, and to him it is granted the same day is given to the said George Boston also. At which said second tuesday of May in the year of our Lord One thousand seven hundred and ninety four, come again into the General Court here as well the said George Boston by his attornies aforesaid, as the said Richard Sprigg by William Cooke and Luther Martin his attornies: Whereupon it is agreed by and between the parties aforesaid that all the Testimony taken in the cause of Anthony Boston against Gassaway Rawlings in Anne Arundel County Court and removed by Appeal to this Court, and all Testimony taken since the said Appeal, be received as Evidence in this cause: which said Testimony is as follows towit. July 20th 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 Lenah 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's claiming her Freedom till lately, that she understood said Lenah was brought into   this Country in a Guinea ship amongst other slaves and sold as such and was purchased by one Lockwood as she this Deponent has been informed, who willed her to Mrs Jones the Grand Mother of this Deponent which Mrs Jones left her by will to Gassaway Watkins, 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. Sworn this 20th July before me one of the Justices for Anne Arundel County. Jas Disney. Elizabeth Rawlings of lawful age of Anne 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 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 & tied up, it was not woolly like the hair of negroes; she never understood that she received wages 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 Deponent has heard that Learner formerly belonged to one Lockwood & that he has heard she came originally from beyond sea, this Deponent saith he never heard that Leaners mother was ever in this County, that he first knew her fifty years ago and upwards and thinks she was then 60 years of age & 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 don't 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 to in open Court 10th March 1790. 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 & has heard that Leaner formerly belonged to one Lockwood, that he always understood and has heard his Father say he 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 woman claiming Freedom that she was of a dark brown complexion, and this deponent thinks greatly resembled in her complection and appearance a slave held by his Father, that was said to have been brought from Madegascar, this deponent further saith that his Grand Father owned three of Learners children who died in his service, and that 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 Leaners children held by Thomas Ratcliff applied to the County Court of this County for Freedom, but that he could make nothing appear to shew he was entitled to it, and was ordered into his masters service by the Court, and this Deponent thinks his Father said he was whiped but is not certain, this deponent says 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 Leaners 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 and never heard she or any of her family claimed their Freedom until Capt Thomas Watkins was buried about then years ago when 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 any thing about it, and he answered he did not & 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 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 Anne Arundel County not far from the neighbourhood of Lenah and her descendants and has always resided in Anne Arundel 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 Grand Mother of the Petitioner was a Spanish woman and often has heard her mother say that she was entitled to be free. The Deponent knew several children of the said Lenah towit Daniel, Ned, Toney, Caesar, Simon, Nat, Bacon, Violet, Sarah, Maria 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 Lenahs mother died at Robert Lockwoods in his lifetime and was 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 Mother took care of her when she was young; This Deponent further saith that he 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 their 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 ask 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 then then 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 who was the mother of the Petitioner this Deponent saith that 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 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 that she never would and further he does not remember to have heard of her claiming her Freedom. Sworn before me this 3d day of February 1791. Richd Harwood Junr. The Deposition of Robert John Smith of Anne Arundel County aged forty four years or thereabouts being first duly sworn on the Holy Evangelists of Almighty God, saith that he was born in Annapolis & served his apprenticeship in the neighbourhood where Gassaway Watkins deceased lived & 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 until about eight or ten years since & 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 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 & Still continues a slave in possession of his widow & further this Deponent says not Sworn Before Saml Chase. Robt J. Smith. The Deposition of Anne 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 Grand Mother; that she has often heard old people in the neighbourhood talk about old Lenah, but does not remember the particulars of such conversations, except one that about thirty years ago or nearly about that time, there was a report that the   descendants of some 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 & with whom this deponents Husband then lived, and asked Margaret Watkins if she had heard it, and said that 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 their 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 dead 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 & 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. The Deposition of John Tydings of Anne Arundel County aged sixty one years or thereabouts being first duly sworn on the holy Evangels of Almighty God, saith that he knew old Lenah who he understands formerly lived with Robert Lockwood, and afterwards was in the family of Mrs 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 straight hair like the hair of an Indian; and he further saith that about seven or eight years ago he happned at the House of Joseph Mayo Senior[?] 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 Joseph Mayo of whom he heard it, this Deponent replied, of Robert Smith: Ay[?] said Mr Mayo Smith knows every thing; the said Joseph Mayo observed 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 some thing of the complexion of her mother: And the Deponent further saith that Lenah had not the looks of a negro or 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. Jno Brice. Thomas Gibbs aged upwards of 62 years being first sworn on the holy Evangels of Almighty God deposeth & saith that he has seen old Lenah at the time she was the 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 & never has heard until lately that either she or her descendants were entitled to Freedom. The Deponent further saith that he knew Mulatto Moll, who he is informed was the mother of Mary Batson & has always understood that she came a servant out of old Lockwoods family & served her time out, in the family of old William Richardson & was then set free: This Deponent further 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 & that she lives adjoining to his plantation & is considered a great injury to the neighbourhood from her connection with negroes: Being asked from whom 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 & that he thinks the said Mary Batson is about his age, & tht he was born not more than a mile from the place where the said Mary was born as he is informed & believes. Being asked whether 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 whether he knows of any connections of Mrs Watkins with negroes other than negroes assembling at her House to hear preaching? Answers he does not. Being asked when & in what numbers they assemble there? Says chiefly by night & understands in numbers. Being asked if he knew any of the Brothers of Mary Batson? Answers he knew Tom & Mark. Being asked whether 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 asked if Tom died in the possession of Mrs Richardson? Answers he believes so, & that he has understood that the person? Mulatto Moll came to serve so long was by her having children by a slave. Being asked whether Tom was worked as a slave? Answers that he was worked in the same manner as Mr Richardsons other negroes Being asked whether he ever heard Mr Richardson claim him as a slave? Answers that he never heard him say any thing about him Taken in the presence of the counsel of the parties & sworn to before me this 3d of November 1791 Jas Disney. Thos Gibbs. Mary Cruckly aged more than seventy six years being first sworn on the Holy Evangelists of Almighty God deposeth & saith that she was born in Anne Arundel County near the place where Rawling Tavern now stands & was carried as she has been informed & believes into the Swamp an infant at the breast where she lived adjoining the plantation of old Robert Lockwood & within one mile of his House, until she was sixteen years of age, that she always understood Lenah was a slave of old Robert Lockwood & 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 Lockwood & his family & that from every thing she has ever heard from her mother & others during her whole life, she has been informed & verily believes that the said Lenah was a slave & had no title to her Freedom & 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 & all about her & 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 & she 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 Batson & always understood their she served her time out with old William Richardson, that she also knew several mulattos who did belong to the estate of old Robert Lockwood & were distributed about after his death, towit, among others Toby, Nan, & Bet who came to old Mrs Metcalf & some to Mrs Jones's & some to old William Richardson. Being asked whether 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 there among other slaves & never hearing that she was Free, whom she lived & died as a slave. Being asked what reason she had to believe that her mother was well acquainted with old Robert Lockwood & his family? Answers that her Father possessed & lived on the   plantation adjoining old Robert Lockwood's plantation & that her mother lived there about ten 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 whether she recollects any conversation of her Father respecting Lenah? Answers she does not recollect to have heard any. Being asked whether she recollects from whom she heard that Toby, Nan & Bet came from old Robert Lockwoods estate? Answers that she 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, & does not believe that Mulatto Moll was older than herself. Being asked if Mulatto Moll has been dead 8 or 10 years? Answers she believes she has been dead 8 or 10 years & that she was an old woman when she died. Mary Cruckly her K mark Taken in the presence of the Counsel of the parties & sworn to before me this 4th day of Novr 1791. Jas Disney. The Deposition of Benjamin Carr of Anne Arundel 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 & 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. Benjamin Atwell 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 Evangels of Almighty God deposeth & saith, that he does not remember Lenah who formerly lived with Robert Lockwood: but he remembers some thing of Robert Lockwood, and thinks he saw him when he the 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 knows 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 knows 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 Ford and was frequently at their House at reapings, but does not remember ever to have heard either of them mention any thing 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's when he first knew her and he has known her for a great number of years,but how long he cannot remember. Sworn this 21st day of May 1792. Before Jas Disney. Benjamin Atwell his B mark. 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 settled her on a part of his land and gave her her maintenance. Being asked what time Moll served Mr Richardson? answers that she did not remember how long, but from frequently hearing her call Daniel Richardson master, asked her why she called him so, being then Free, Moll answered and said she came from out of the swamp from widow Lockwoods 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 Mrs Jones? Answers that she never knew that there was such a person as Lenah; Being asked if she knew whether 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 that she also knew Isaac, Mark Ned & Tom, Mary Batson and Ann, but how many of the later number she had after she came to Mr Richardsons she does not know, but she heard Mary Batson say about two years ago thta she was far advanced in forty and further sayeth not. Taken after due notice to the counsel for the plaintiff Daniel Boston against Henry Hall Defendant, and in the presence of the Defendant this Twenty third day of June 1792. Richd Harwood Junior.   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 knew old Lenah the mother of Vy as well as she knew 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 her 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 her when 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 Mrs Wayson say that Lenah's mother was a Spanish woman and they some times 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 Lenah's mother was a Free woman and she has heard her say so, many a time; as she has also heard Thomas Ratcliff Husband of the said Mary Ratcliff who also lived in the family of Robert Lockwood say that Lenahs mother was a Free woman; and she has also heard old Mr Metcalf in the Swamp who she thinks was Father of the present old John Metcalf say that Lenah's mother was a Spanish woman and Free; and she has heard the same from his wife; and she further saith that she has heard the aforesaid Mary Ratcliffe and the mother of the Deponent say that Lenahs Mother wore a gold cross and gold bobs in her ears; and she has heard the aforesaid Thomas Ratcliffe and Mary Ratcliffe say that Lenahs mother came into this Country Free; and had good Cloths and gold rings on her Fingers; and she has heard the said Mary Ratcliffe Thomas Ratcliffe and the mother of the Deponent and Lenah all say the Lenah was born before she came to this Country: And the Deponent further saith 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 very well knew   old William Foard in the Swamp, and has been at his House oftener than she has fingers & toes, and she used to go with her mother to the said William Foard who employed 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 Lenah; and she has heard the said William Foard say that Lenah was born before she came upon land and she has heard every one say so who 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 Galloway daughter of old Samuel Galloway; 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 servant to any one, being asked if he was a man respected and esteemed? Answers she can't 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 Foard 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 Bullen. Whereas the 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 Maria was always deemed to be a Madargasco Slave bought by Robert Lockwood and served as a slave during life and her Daughter Lenna was born at ye said Lockwoods House and served as a slave till death August ye 10th 1747. William Foard. 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 a bundance 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 knew 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 other 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 doth 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 Richd Harwood Junr. Margaret Gassaway Watkins of Anne Arundel County of lawful age being sworn on the Holy Evangels of Almighty God touching her knowledge of the claims of the family of people called Bostons and being asked if she had 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 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 & upwards being sworn on the holy Evangely 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 & 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, until lately; that he was 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 Jun. Dinah Watkins of Anne 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 any thing said about her Freedom, but seeing her among her Grand Mothers people supposed she was a servant of   her Grand Mother, what makes her remember Lenah more particularly, she recollects she was a cripple, and was disliked by the children: Being asked if she recollects whether Mrs Jones was a kind indulgent mistress, or otherwise? Answers she was reckoned 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 Evangely 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 knew 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 Selman whose name was Andrew Fenander and who the deponent has understood was a Spaniard. That her mother has been dead going on three years, was named Susanna Grey when she died, & her maiden name was Rosenquest: Being asked if she has ever heard her mother say where she was brought up and lived when she was young? Answers she does not recollect; Being asked if she knew how old she was when she died? Answers she does 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 her Freedom. Being asked if she ever heard her mother say that she lived near Mrs Jones in Anne Arundel County? Answers she has heard her say she lived in the neighbourhood where Lenah lived & near to her. Taken this 21st day of May 1793. Before Richd Harwood Junr. Joseph Cowman of Anne Arundel County being one of the people called Quakers personally appeared before the subscriber one of the Justices of Anne Arundel County and did solemnly & truly declare and affirm that he has known Mrs Anne 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 the said Anne Watkins is of the society of people called Methodists: and he believes that the meetings at her House to hear preaching were held from religious motives. Affirmed before me this 25th May 1793. John Randall. 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. At which said second tuesday of October in the year of our Lord One thousand seven hundred and ninety four, come again into the General Court here, as well the said George Boston by his attornies aforesaid, as the said Richard Sprigg by his attornies 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. At which said second tuesday of May in the year of our Lord One thousand seven hundred and ninety five, come again into the General Court here as well the said George Boston by his attornies aforesaid, as the said Richard Sprigg by his attornies aforesaid: Whereupon the said George Boston by his attornies aforesaid produced and filed in Court here the Deposition of William Harwood, which ensues in form following towit. William Harwood of Anne Arundel County being sworn on the Holy Evangels of Almighty God deposeth and saith that in the year Seventeen hundred and seventy four, as well as he recollects, he happened in company with a Mrs Margaret Watkins an old Lady at Colonel Harwoods and in the course of some conversation that passed between them she informed this Deponent that there were some negroes in the neighbourhood entitled to be Free and that it was her opinion they would some time or other obtain their Freedom; he well remembers that she named negroe Daniel who was at that time in the possession of Mr Samuel Watkins as one of the persons who ought to be Free. This Deponent is informed that the said negro Daniel has since the death of Samuel Watkins been discharged and set at liberty. This Deponent has been informed that Margaret Watkins was the wife of Nicholas Watkins who was the son of Mrs Jones. Sworn before me one of the Justices of the peace for Anne Arundel County this 25th day of May 1795. Allen Quynn. Thereupon further process of and upon the premises aforesaid, between the parties aforesaid, but order of the Court here is further continued until the second tuesday of October next. At which said second tuesday of October in the year of our Lord one   thousand seven hundred and ninety five, come again into the General Court here as well the said George Boston by his attorneys aforesaid, as the said Richard Sprigg by his attornies aforesaid: Whereupon the said George Boston by his attornies aforesaid, produced and filed in Court here the Deposition of Anne Brown, which ensues in form following towit. Anne Brown of Anne Arundel County aged sixty six years being sworn on the holy Evangely of Almighty God deposeth & saith that she knows Betty the petitioner & has known her ever since she the said Betty was a girl; she is the daughter of Nanny who formerly belonged to Gassaway Watkins and afterwards to Henry Hall; that the said Betty is sister of Daniel who obtained his Freedom on a petition against said Henry Hall; that she knew Nanny aforesaid before she had any children; she is sister of Anthony Boston who obtained is Freedom on petition against Gassaway Rawlings, and is daughter of Violet whom the Deponent knew before the aforesaid Nanny was born; Violet belonged to the aforesaid Gassaway Watkins, and was the reputed daughter of Lenah Boston whom the Deponent knew when she the Deponent was a Girl, that the Deponent always understood that Violet aforesaid was the daughter of Lenah and she never heard it contradicted. That the Deponent knows George Boston, Nathan Boston & Daniel Boston who petitioned against Richard Sprigg, they are sons of Maria who some years ago lived with Dr Steuart in Annapolis: that the aforesaid Maria is sister of Ben who obtained his Freedom against the aforesaid Richard Sprigg, and is daughter of Nelly whom the Deponent has known ever since she the deponent was a girl, they being born on the same plantation, & Nelly was the reputed daughter of Maria Boston whom the deponent knew until her death which happened about eighteen or twenty years ago; That the said Maria was reputed to be the daughter of old Lenah aforesaid & the Deponent never heard it contradicted. Sworn to this third day of June 1797. Before 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. At which said second tuesday of May in the year of our Lord One thousand seven hundred and ninety six, come again into the General Court here as well the said George Boston by his attornies aforesaid, as the said Richard Sprigg by his attornies 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. At which said second tuesday of October in the year of our Lord One thousand seven hundred and ninety six, come again into the General Court here as well the said George Boston by his attornies aforesaid, as the said Richard Sprigg by his attornies 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. At which said second tuesday of May in the year of our Lord One thousand seven hundred and ninety seven, come again into the General Court here, as well the said George Boston by his attornies aforesaid, as the said Richard Sprigg by his attornies 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. At which said second tuesday of October in the year of our Lord one thousand seven hundred and ninety seven, come again into the General Court here, as well the said George Boston by his attornies aforesaid, as the said Richard Sprigg by his attornies 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. At which said second tuesday of May in the year of our Lord One thousand seven hundred and ninety eight come again into the General Court here, as well the said George Boston by his attornies aforesaid, as the said Richard Sprigg by his attornies aforesaid: 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. At which said second tuesday of October in the year of our Lord One thousand seven hundred and ninety eight, come again into the General Court here, as well the said George Boston by his attornies aforesaid; as the said Richard Sprigg by his attornies 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. At which said second tuesday of May in the year of our Lord One thousand seven hundred and ninety nine, come again into the General Court here, as well the said George Boston by his attornies aforesaid, as the said Richard Sprigg by his attornies 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. At which said second tuesday of October in the year of our Lord One thousand seven hundred and ninety nine, come again into the General Court here, the said George Boston by his attornies aforesaid; and the said Richard Sprigg by his attornies aforesaid does not come: Whereupon the said George Boston by his attornies aforesaid suggests to the Court here; that after the last continuance of the plea aforesaid, towit, after the second tuesday of May last, and before this time, towit, on the — day of — at the County aforesaid, the said Richard Sprigg departed the life, and the same is not denied; Whereupon it is ordered by the Court here, on the prayer of the said George Boston by his attornies aforesaid, that a summons be forthwith issued, returnable to the next Term, directed to a certain John Francis Mercer and Sophia Mercer his wife Executive of the Testament and last   will of the said Richard Sprigg, commanding them to be and appear before the General Court here on the second tuesday of May next, to defend the action aforesaid, according to the Act of Assembly in such case made and provided; and such summons accordingly issues in form following towit. The State of Maryland Sct To the Sheriff of Anne Arundel County, Greeting. Whereas Richard Sprigg late of Anne Arundel County Gentleman, was heretofore summoned to be in the General Court, held at the City of Annapolis, to answer unto George Boston in a plea of Freedom and soforth; to which said plea the said Richard Sprigg appeared and impared; And Whereas the said Richard Sprigg is since deceased, as it hath been suggested in the said General Court: Therefore you are hereby commanded to summon John Francis Mercer and Sophia his wife Executrix of the Testament and last will of the said Richard Sprigg, that they be and appear before the said General Court, to be held at the City of Annapolis on the second tuesday of May next, to answer unto the said George Boston in the plea aforesaid, according to the directions of the Act of Assembly in such case lately made and provided, if to them it shall seem meet. Hereof fail not at your peril, and have you then and there this writ. Witness the honorable Jeremiah Townley Chase esquire chief Judge of the said General Court, the Eighth day of October in the year of our Lord One thousand seven hundred and ninety nine. Issued the Eleventh day of November 1799. JRW.[?] Jno Gwinn Clk. the same day is given to the said George Boston then and there and soforth. And now at this day towit the said second tuesday of May in the year of our Lord One thousand eight hundred, comes again into the General Court here, the said George Boston by his attorney aforesaid, and the said Sheriff of Anne Arundel County to whom the said aforegoing writ was in form aforesaid directed, makes return thereof to the Court here that he hath summoned the said John Francis Mercer and Sophia Mercer his wife to answer to the said George Boston, as by the said Summons he was commanded: Whereupon the said John Francis Mercer and Sophia his wife Executrix of the said Richard Sprigg by Richard Sprigg their attorney appear in Court here, and say, that they cannot deny the complaint aforesaid of the said George Boston the petitioner aforesaid, so as aforesaid made, nor but that the said George Boston the petitioner aforesaid, is entitled to his Freedom, being descended, in the female line, from a free yellow woman being one of the Portuguese, in manner and form as the said George Boston by his said Petition to the Court here preferred against the said Richard Sprigg above hath alleged; and thereupon the said George Boston by his attorney aforesaid, prays that he may be dismissed   and discharged from the service of the said John Francis Mercer and Sophia his wife Executrix as aforesaid, together with his costs and charges by him about the prosecution of his said petition, to him to be adjudged and soforth. Therefore it is considered by the Court here, that the said George Boston the petitioner aforesaid recover of and against the said John Francis Mercer and Sophia his wife Executrix as aforesaid, his Freedom, and that he be hence freed and discharged of and from the service of the said John Francis Mercer and Sophia his wife Executrix as aforesaid, and that he the said George Boston the petitioner aforesaid go freed and discharged thereof without day and soforth: And it is further considered by the Court here, that the said George Boston the petitioner aforesaid, recover against the said John Francis Mercer and Sophia his wife Executrix as aforesaid the sum of One thousand five hundred and twenty five pounds of tobacco, by the Court here unto the said George Boston on his assent adjudged, for his costs and charges by him about the prosecution of said petition in this behalf laid out and expended and that he have thereof his Execution and soforth.

Test John Gwinn Clk.

111 sids