Sarah Butler v. Henry Sothoron. Judgment Record

 

Sarah Butler.
against
Henry Sothoron.

Be it remembered, that heretofore towit: on the Seventh day of December in the year of our Lord One thousand Seven hundred and ninety; Sarah Butler by Henry Ridgely her attorney, preferred and filed in the General Court here, her Petition for Freedom against Henry Southoron, which is in form following towit: To the Honorable the Judges of the General Court. The Petition of Sarah Butler, humbly Sheweth, that she is held as a Slave by Henry Southoron of Saint Mary's County, altho' She is entitled to her Freedom, being descended from a Free white woman whose name was Eleanor Butler. Your Petitioner is the Daughter of Eleanor Butler, who was the Daughter of Sarah Butler, who was the Daughter of Eleanor Butler the Free white woman above mentioned. She therefore prays your honors to take her case into consideration, and discharge her from the custody of the said Henry Sothoron, and that Summonses may issue for his Witnesses, andsoforth. H. Ridgely, for Petitioner.

Thereupon, on motion of the said Sarah Butler by her attorney aforesaid, it is ruled and ordered by the Court here, that the said Henry Sothoron do not remove the said Sarah 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, clothe, and use   use the said Sarah Butler, well: It is further ruled and 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 Henry Sothoron to answer unto the said Petition of the said Sarah Butler; which said Summons issued accordingly, directed to the Sheriff of Saint Marys County in form following, towit. The State of Maryland Sct To the Sheriff of Saint Mary's County, Greeting: We command you that you Summon Henry Southoron late of Saint Mary's 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 Sarah 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 Thomas Johnson Esquire Chief Judge of our said Court the Twenty fourth day of November in the year of our Lord One thousand seven hundred and ninety. Issued the 7th day of December 1790. (H. Ridgely.) Jno Gwinn Clk.

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, and the day of the return of the aforegoing Summons, comes into the General Court here, the said Sarah Butler by her attorney aforesaid; And the Sheriff of Saint Marys County aforesaid to whom the said Summons was in form aforesaid directed, makes return thereof to the Court here, thus endorsed towit: "Summoned. P. Ford, Shff." And the said Henry Sothoron being so forewarned, comes into the General Court here, 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 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 Sarah Butler by her attorney aforesaid, as the said Henry Sothoron 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.

 

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 Sarah Butler by her attorney aforesaid, as the said Henry Sothoron by his attorney aforesaid: And the said Sarah Butler by her attorney aforesaid files in Court here the Deposition of Joe Butler, which is in the words and of the tenor following towit:

Sarah Butler
vs
Henry Southoron

Joe Butler aged about 52 being sworn deposeth and saith that he knows Sarah the Petitioner and that she is the sister of Charles who was set free by the Court on a Petition against William Bond, and that Nell who has Petitioned against Nicholas Peers, is the Daughter of said Sarah the Petitioner and that the Deponent always knew them. Sworn before me, this     day of       . Bullen.

Whereupon, the said Henry Sothoron by his attorney aforesaid, saith that he cannot deny the complaint aforesaid of the said Sarah Butler the petitioner aforesaid, so as aforesaid made, nor but that the said Sarah Butler, the petitioner aforesaid, is entitled to her Freedom, being descended from a Free white woman, whose name was Eleanor Butler, in manner and form as the said Sarah Butler by her said Petition to the Court here preferred against him the said Henry Sothoron, above hath alleged; And thereupon, the said Sarah Butler, by her attorney aforesaid, prays that she may be dismissed and discharged from the Service of the said Henry Sothoron, 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 Sarah Butler, the Petitioner aforesaid, recover of and against the said Henry Sothoron her Freedom, and that she be hence freed and discharged of and from the service of the said Henry Sothoron, and that she the said Sarah Butler, the Petitioner aforesaid, go freed and discharged thereof without day, andsoforth. And it is further considered by the Court here, that the said Sarah Butler, the petitioner aforesaid, recover against the said Henry Sothoron, the quantity of Seven hundred and forty two pounds of tobacco by the Court here, unto the said Sarah Butler, on her assent adjudged, for her costs and charges by her about the prosecution of her said Petition   Petition in this behalf laid out and expended, and that she have thereof her Execution, and soforth.

Test John Gwinn Clerk