Jane Butler v. Joseph Sims. Judgment Record

 

Jane Butler
against
Joseph Sims

Be it remembered, that heretofore, towit, on the Twenty first day of October in the year of our Lord one thousand seven hundred and ninety; Jane Butler by Gabriel Duvall her attorney, preferred and filed in the General Court here, her Petition for Freedom against Joseph Sims, which is in form following towit. To the Honorable the Judges of the General Court. The Petition of Jane Butler, humbly sheweth that she is held as a slave by Joseph Sims of Montgomery County, altho' she is entitled to her freedom, being descended from a free woman whose name was Eleanor Butler. Your Petitioner is the Daughter of Rebecca Butler, who was the Daughter of Jane   Butler, who was the Daughter of Eleanor Butler aforesaid, a Free woman, she therefore prays your honors to take her case into consideration, and discharge her from the custody of the said Joseph Sims, and that Summonses may issue for her Witnesses & soforth. G Duvall for Petr Thereupon, on motion of the said Jane Butler by her attorney aforesaid, it is ruled and ordered by the Court here, that the said Joseph Sims do not remove the said Jane 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 the said Jane 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 Joseph Sims, to answer unto the said Petition of the said Jane Butler, which said Summons issued accordingly, directed to the Sheriff of Montgomery County in form following towit. The State of Maryland Sct To the Sheriff of Montgomery County, Greeting: We command you that you summon Joseph Sims late of Montgomery 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 Jane 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 24th day of November Anno domini 1790.

Issued the 7th day of December 1790. (G Duvall) 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 Jane Butler by her attorney aforesaid; and the Sheriff of Montgomery County to whom the said summons was in form aforesaid directed, makes return thereof to the Court here, thus endorsed towit. Sumd Benja W. Jones, Shff And the said Joseph Sims 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   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 Jane Butler by her attorney aforesaid, as the said Joseph Sims 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 Jane Butler by her attorney aforesaid, as the said Joseph Sims by his attorney aforesaid: and the said Jane butler by her attorney aforesaid files in Court here the Deposition of Joseph Butler, which is in the words and of the tenor following towit:

Jane Butler
vs
Joseph Sim

Joseph Butler aged fifty one or two years being duly sworn on the Holy Evangily of Almighty God, deposeth and saith, that he well knows Jane, the petitioner against Joseph Sim, she is the sister of Nase, who obtained his Freedom on a Petition against the said Joseph Sim, and is Daughter of Rebecca who obtained her Freedom against Mrs Shervin. And he further saith that he well knows Will Butler who petitioned against John Laidler; he is son of Sarah who is Daughter of Betty, and sister of Jacob Butler who obtained his Freedom on a Petition against Eleanor Taney. And he further saith that he well knows Lydia Butler aged about seventeen years who petitioned against Anne Digges of Charles County and Sarah Butler sister of the said Lydia, who petitioned against the same person; they are the Daughters of Letty, sister of the Deponent, which Letty is Daughter of Sarah, who was Daughter of Sarah, who was Daughter of Eleanor Butler a Free white woman. And he further saith that he well knows William Butler, who has petitioned against Samuel Bond of Saint Mary's County, he is son of Sarah, who is Daughter of Nell, who was Daughter of Sarah, who was Daughter of Irish Nell as this Deponent has always understood. And he further saith that William Butler, who has petitioned against Joseph Neale, he well knows, and he is the son of Henny, now   deceased, who was Daughter of Nanny, also deceased, who this Deponent has always understood was the Daughter of Irish Nell, and this Deponent being told that he once proved the said William to be the Daughter of Sarah, saith it was not so intended, nor did he mean to swear to any such thing, the fact being otherwise, but supposes it happened from several persons being mentioned together, and he did not understand the Deposition when read, to be as it now appears; And he further saith that Anne who petitioned against John Keech is sister of the said William, & Daughter of Henny aforesaid now deceased. Sworn to this     day of May 1792. Before Bullen.

Whereupon, the said Joseph Sims by his attorney aforesaid, saith, that he cannot deny the complaint aforesaid of the said Jane Butler the petitioner aforesaid, so as aforesaid made, nor but that the said Jane Butler, the petitioner aforesaid is entitled to her Freedom, being descended from a Free woman, whose name was Eleanor Butler, in manner and form as the said Jane Butler, by her said Petition to the Court here preferred against him the said Joseph Sims, above hath alleged; and thereupon, the said Jane Butler by her attorney aforesaid, prays that she may be dismissed and discharged from the service of the said Joseph Sims, 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 Jane Butler, the petitioner aforesaid recover of and against the said Joseph Sims, her Freedom, and that she be hence freed and discharged of and from the service of the said Joseph Sims, and that she the said Jane Butler, the Petitioner aforesaid, go freed and discharged thereof without day, andsoforth. And it is further considered by the Court here that the said Jane Butler, the petitioner aforesaid, recover against the said Joseph Sims, the quantity of Eight hundred and twenty four pounds of tobacco, by the Court here, unto the said Jane 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 Clk