Charity Butler v. Joseph Thompson. Judgment Record

 

Charity Butler
against
Joseph Thompson

Be it remembered, that at this Term towit the Second Tuesday of October being the Thirteenth day of the said month in the year of our Lord One thousand seven hundred and eighty nine, comes into the General Court here Charity Butler by Gabriel Duvall her attorney and prefers and files in Court here, her Petition for Freedom against Joseph Thompson, which is in form following towit. To the Honorable the Judges of the General Court. The Petition of Charity Butler humbly sheweth, that she is unjustly detained and held in Slavery by a certain Joseph Thompson of Charles County, when she is entitled to her Freedom, being the Daughter of Bett Butler who was the Daughter of Eleanor Butler, who was the Daughter of Eleanor Butler a Free white woman. She therefore prays your Honors to grant a Summons against the said Joseph Thompson to appear before your Honors and answer the premises and that he enter into the usual recognizance not to ill treat your Petitioner and that she be permitted to attend his counsel when necessary andsoforth. G. Duvall for Petr. 19th Octo 1789.

Whereupon, it is ordered by the Court here that Summons may issue pursuant to the prayer of the Petitioner andsoforth; Thereupon, the said Charity Butler by her attorney aforesaid prosecutes and sues forth out of the General Court here, the writ of the State of Maryland of Subpoena ad respondendum against the said Joseph Thompson directed to the Sheriff of Charles County in form following towit. The State of Maryland Sct To the Sheriff of Charles County, Greeting: We command you that you Summon Joseph Thompson late of Charles County that all excuses and delays set aside he be and appear before the Judges of our General Court held at the City of Annapolis, immediately to answer the Petition of Charity Butler preferred against him for Freedom: Hereof he is not to fail and fail not at your peril and have you then and there this writ Witness the Honorable Robert Hanson Harrison Esquire Chief Judge of our said Court the 13th day of October Anno domini 1789.

Issued the 19th day of October 1789. (GD) Jno Gwin Clk

And the Sheriff of Charles County aforesaid, to whom the said Summons was in form aforesaid directed, makes return thereof to the Court here thus endorsed towit. "Summoned. Thos A. Dyson, Shff" Whereupon, comes into the General Court here, the said Joseph Thompson by Philip Barton Key his attorney; Thereupon, further process of and upon the premises aforesaid, between the parties aforesaid, by order of the Court here is   is continued until the Second Tuesday of May next; the same day is given to the parties aforesaid, then, andsoforth.

At which said second Tuesday of May, being the Eleventh day of the said month in the year of our Lord One thousand seven hundred and ninety, comes again into the General Court here, as well the said Charity Butler by her attorney aforesaid, as the said Joseph Thompson 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, andsoforth.

At which said Second Tuesday of October being the Twelfth day of the said month in the year of our Lord One thousand seven hundred and ninety, come again into the General Court here, as well the said Charity Butler by her attorney aforesaid, as the said Joseph Thompson 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, andsoforth.

At which said Second Tuesday of May being the Tenth day of the said month in the year of our Lord One thousand seven hundred and ninety one, come again into the General Court here, as well the said Charity Butler by her attorney aforesaid, as the said Joseph Thompson 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 soforth.

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, come again into the General Court here, as well the said Charity Butler by her attorney aforesaid as the said Joseph Thompson by his attorney aforesaid: And the said Charity Butler by her attorney aforesaid files in Court here the Deposition of Joseph Butler, which is in form following towit. (Here insert it, as entered in this Book in pages 31 & 32 &ca) Whereupon, the said Joseph Thompson by his attorney aforesaid, saith, that he cannot deny the complaint aforesaid of the said Charity Butler, the petitioner aforesaid, so as aforesaid made, nor but that the said Charity Butler, the petitioner aforesaid, is entitled to her Freedom, being the Daughter of Bett Butler who was the Daughter of Eleanor Butler, who was the Daughter of Eleanor Butler a Free white woman, in manner and form as the said Charity Butler by   her said Petition to the Court here preferred against him the said Joseph Thompson, above hath alleged; and thereupon, the said Charity Butler by her attorney aforesaid, prays that she may be dismissed and discharged from the service of the said Joseph Thompson, together with her costs and charges by her about the prosecution of her said Petition, to her to be adjudged andsoforth: Therefore it is considered by the Court here, that the said Charity Butler the petitioner aforesaid recover of and against the said Joseph Thompson her Freedom, and that she be hence freed and discharged of and from the service of the said Joseph Thompson, and that she the said Charity Butler the petitioner aforesaid go freed and discharged thereof without day andsoforth: And it is further considered by the Court here, that the said Charity Butler, the petitioner aforesaid, recover against the said Joseph Thompson the quantity of One thousand and eighty three pounds of tobacco by the Court here, unto the said Charity Butler, 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 Petition, andsoforth.

Test. John Gwinn Clk.