Joanna Butler v. Mary Boarman. Judgment Record

 

Joanna Butler
against
Mary Boarman

Be it remembered that heretofore towit, on the Fourteenth day of October in the year of our Lord One thousand seven hundred and eighty eight; Joanna Butler by Jeremiah Townley Chase her attorney, preferred and filed in the General Court here her Petition for Freedom against Bennett Boarman, in the words and of the Tenor following towit. To the Honorable Judges of the General Court for the Western Shore of Maryland. The humble Petition of Joanna Butler shewith that your Petitioner is a descendant of a Free white woman and as such is entitled to Liberty and all the Rights of a Free Woman; that your Petitioner has been most unjustly and wrongfully deprived of her Liberty and is now held in Slavery by Bennet Boarman of Charles County. Your Petitioner therefore most humbly prays your honors will take her case into consideration and grant her such relief as she is by Law and Justice entitled to and that your honors will order a summons to issue to the said Bennet Boarman to be and appear before this honorable Court by a certain day to be therein mentioned to answer the premisses and your Petitioner as in duty bound will pray, and so forth.

J. T. Chase for Petr.

Thereupon, on motion of the said Joanna Butler by her attorney aforesaid, it is ruled and ordered by the Court here that the said Bennet Boarman do not remove the said Joanna Butler out of this State, nor obstruct her from attending this Court from time to time in support of her Petition for Freedom preferred to the Court here; and in the mean time to feed, cloath and use the said Joanna Butler well: It is further ruled & ordered by the Court here that the writ of the State of Maryland of Summons issue forth out of the General Court here against the said Bennet Boarman to answer unto the said Petition of the said Joanna Butler, which Issued accordingly, directed to the Sheriff of Anne Arundel County in the words and of the Tenor following, towit. The State of Maryland Sct To the Sheriff of Charles County, Greeting: We command you that you Summon Bennett Boarman late of Charles County, that all excuses and delays 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 the Petition of Joanna 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 18th day of November Anno domini 1788.

Issued the 28th day of March 1789. J.T.C. Jno Gwinn Clk.

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 eighty nine, and the day of the return of the aforegoing summons, comes into the General Court here, the said Joanna Butler by her attorney aforesaid; and the Sheriff of Charles County aforesaid, to whom the said Summons was inform aforesaid directed, makes return thereof to the Court here thus endorsed, towit. "Summoned. Thos A. Dyson, Sheriff

And the said Bennet Boarman being so forewarned now comes into the General Court here by Philip Barton Key his attorney, and on motion, and with consent of the said Joanna Butler by her attorney aforesaid, it is ruled by the Court here that Mary Boarman appear in proper person or by attorney, and be made Defendant in this case, in the place of the said Bennet Boarman; whereupon, comes into the General Court nowhere the said Mary Boarman by Philip Barton Key her attorney: 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, andsoforth.

At which said 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, come again into the General Court here, as well the said Joanna Butler by Samuel Chase Junior her attorney, as the said Mary Boarman by her 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; and the same day is given to the parties aforesaid then, and soforth.

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, come again into the General Court here, as well the said Joanna Butler by her attorney aforesaid, as the said Mary Boarman by her 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   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 Joanna Butler by her attorney aforesaid, as the said Mary Boarman by her 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 Joanna Butler by her attorney aforesaid, as the said Mary Boarman by her 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 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 Joanna Butler by her attorney aforesaid, as the said Mary Boarman by her 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 soforth.

And now at this day towit, the 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 as well the said Joanna Butler by her attorney aforesaid, as the said Mary Boarman by her attorney aforesaid: And the said Joanna Butler by her attorney aforesaid files in Court here the Deposition of Nancy Butler, which is in the words and the tenor following towit:

Charles Butler
agt
John Thomas

Nancy Butler being about the age of 82 years being sworn, saith, she knows Charles, the Petitioner, and his mother is the sister of the Deponent, and she was named Nell and belonged to Madam Sherbin. That this Deponent is the Daughter of Jenny and that Jenny was the Daughter of old Nell Butler commonly called Irish Nell; And the Deponent further saith that she knows Joanna, now here present who Petitioned against Mary Boarman; she is the Daughter of Betty who obtained her Freedom on Petition against Henry Hill last Term. J Bullen.

 

Whereupon, the said Mary Boarman by her attorney aforesaid, saith, that she cannot deny the complaint aforesaid of the said Joanna Butler the Petitioner aforesaid, so as aforesaid made, nor but that the said Joanna Butler, the petitioner aforesaid, is entitled to her Freedom, being descended from a Free white woman, in manner and form as the said Joanna Butler by her said Petition to the Court here preferred against her the said Mary Boarman above hath alleged; and thereupon the said Joanna Butler by her attorney aforesaid prays that she may be dismissed and discharged from the service of the said Mary Boarman, 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 Joanna Butler, the Petitioner aforesaid, recover of and against the said Mary Boarman, her Freedom, and that she be hence freed and discharged of and from the service of the said Mary Boarman, and that she the said Joanna Butler, the petitioner aforesaid, go freed and discharged thereof without day, andsoforth: And it is further considered by the Court here, that the said Joanna Butler, The petitioner aforesaid, recover against the said Mary Boarman the quantity of Nine hundred and eighty four pounds of tobacco, by the Court here unto the said Joanna 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 Execution, andsoforth.

Test. John Gwinn Clerk.