Elizabeth Butler v. Elizabeth McWilliams. Judgment Record

 

Elizabeth Butler
against
Elizabeth McWilliams

Be it remembered that heretofore towit on the Second Tuesday of May being the eleventh day of the same month in the year Seventeen hundred and ninety Elizabeth Butler by Samuel Chase her attorney filed in our General Court the following petition for Freedom towit.

To the Honorable Judges of the General Court

The Petition of Elizabeth Butler most humbly Sheweth that your petitioner is descended from a free white woman and is Justly entitled to her Liberty and all the rights of a free woman your petitioner further Sheweth that She is most unjustly and illegally deprived of her Freedom by Mrs Elizabeth McWilliams of Saint Marys County who claims and holds your petitioner as a Slave your petitioner therefore prays your Honors to take her case into consideration and   and to grant her a Subpena to the said Elizabeth McWilliams to be directed commanding her to appear before the Honorable Court on the Second Tuesday in May 1790 to answer the premises your petitioner also prays Subpenas may issue for the following Witnesses towit Edward Thompson of Ann Arundel county and Frances Hill and Joseph Thompson of Saint Marys County and your petitioner as in duty bound will ever pray and sofoth.

S Chase for Petitioner

Which being read to the Court, and at the prayer of the said Elizabeth Butler by Samuel Chase her attorney Summons is Thereupon granted her for the said Elizabeth Mcwilliams to answer the petition aforesaid returnable here at the next court: And it is ordered by the court here that the said Elizabeth McWilliams of Saint Marys County do not remove out of this state negro Elizabeth Butler the petitioner aforesaid nor obstruct him from attending this court from time to time in support of her petition for Freedom and in the mean time to feed cloath and use the said petitioner well.

And the aforesaid Elizabeth Butler by Samuel Chase her attorney aforesaid afterwards on the twenty eighth day of July in the year Seventeen hundred and ninety Sued out of our General Court the State of Marylands Summons directed to the Sheriff of Saint Marys County in form following towit.

The State of Maryland Sst To the Sheriff of Saint Marys County Greeting We command you that you Summons Elizabeth McWilliams late of Saint Marys County, that all excuses and delays set aside she be and appear before the Judges of our General Court to be held at the city of Annapolis on the second Tuesday of October next to answer the petition of Elizabeth Butler prefered against her for Freedom. Hereof she 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 17th day of June Anno Domini 1790.

Issued the 28th July 1790. Jno Gwinn Clk.

At which said second Tuesday of October being the twelfth day of the same month in the year of our Lord one thousand seven hundred and ninety, and the day of the return of the aforegoing writ comes again here into our General Court here as well the said Elizabeth Butler by her attorney aforesaid. And the Sheriff of Saint Marys County to whom the said Writ was directed makes return thereof to the Court here thus endorsed towit. Sumd Phl Ford Shff

And   And the said Elizabeth McWilliams by John Allen Thomas her attorney comes and defends the complaint aforesaid when and where the said Court shall take the same into consideration. But because the Court here are not advised to give their Judgment of and upon the premises day therefore is given to the parties aforesaid untill the Second Tuesday of May next to hear their Judgment of and upon the premises because the Court here thereof not yet &ca

At which Said Second Tuesday of May being the tenth day of the Same month in the year Seventeen hundred and ninety one Come again here into our General Court here as well the said Elizabeth Butler by her attorney aforesaid as the said Elizabeth McWilliams by her attorney aforesaid. And the said Elizabeth McWilliams by her attorney aforesaid as before defends the complaint aforesaid when and where &ca But Because the court here are not advised to give their Judgment of and upon the premises day therefore is further given untill the second Tuesday of October next to hear their Judgment of and upon the premises because the Court here thereof are not yet &ca

At which Said Second Tuesday of October being the Eleventh day of the Same month in the year Seventeen hundred and ninety one, come again here into our General Court as well the Said Elizabeth Butler by their attorney aforesaid as the said Elizabeth McWilliams by her attorney aforesaid. And the said Elizabeth McWilliams by her attorney aforesaid as before defends the Complaint aforesaid when and where &ca But Because the court here are not advised to give their Judgment of and upon the premises day therefore is further given untill the second Tuesday of May next to hear their Judgment of and upon the premises because the Court here thereof are not yet &ca

At which Said Second Tuesday of May being the Eighth day of the Same month in the year Seventeen hundred and ninety two come again her into our General Court as well the said Elizabeth Butler by her attorney aforesaid as the said Elizabeth McWilliams by her attorney aforesaid. and the said Elizabeth McWilliams by her attorney aforesaid as before defends the complaint aforesaid when and where &ca But because the court here are not advised to give their Judgment of and upon the premises day   day therefore is further given to the parties aforesaid untill the Second Tuesday of October next to hear their Judgment of and upon the premises because the Court here thereof are not yet &ca

At which Said Second Tuesday of October being the ninth day of the Same month in the year Seventeen hundred and ninety two. Come again into our General Court here as well the said Elizabeth Butler by her attorney aforesaid, as the said Elizabeth McWilliams by her attorney aforesaid. And the said Elizabeth Butler by her attorney aforesaid files in Court the following Depositions towit.

Elizabeth Butler
against
Elizabeth McWilliams

The Deposition of Joseph Thompson aged fifty seven years he being Sworn on the holy evangely of almighty God, Saith that he knows the petitioner and has known her many years, he thinks for more than twenty years; She is the Daughter of Will Butler and Moll Butler his wife as this Deponent always understood he Saith he was overseer for Richard Boarman about twenty eight or twenty nine years ago, who then owned them both, and he corrected Moll once which put her and her husband in a great rage, and Will said as well as he remembers, that his master had promised never to put him under an overseer; Will and Moll then lived in a house by themselves and lived well; that Soon after this happened Will Sued his said master for his Freedom; he further Saith that he does not recollect ever to have heard who was the mother of Moll, but always understood that She was one of the Butlers before She was married to Will Butler, that the said Moll was the mother of Lazarus Butler who formerly petitioned against William Knott, and of Nase who formerly belonged to Moll Wildman; and of a Daughter named Milley who at the time above mentioned belonged to the aforesaid Richard Boarman also of another Daughter whose name he has now forgotten and further saith not.

Sworn to this 9th day of October 1792 before the Subscriber one of the Justices of the peace for Ann Arundel County

James Mackubin.

On the 9th day of October 1792 came Joseph Thompson before the Subscriber one of the Justices of Ann Arundel County & made Oath on the holy evangely of Almighty God that he attended as a Witness in the above Suit one day this present Term and that he was lawfully Summoned to attend on the part of the petitioner, and that he lives in St Mary's County about Seventy miles from Annapolis.

James Mackubin.

The   The Deposition of Joseph Butler who being duly Sworn deposeth and Saith that Elizabeth Butler the person who has petitioned against Elizabeth McWilliams for Freedom is the Daughter of Mary Butler now the property of or in the possession of Mrs Bradford of Bladensburgh, that the said Mary did formerly petition for freedom against Henry Bradford but had Judgment against her as this Deponent has been informed which he has been told and he always understood is the reason why the said Mary is held as a Slave by the said Mrs Bradford now being asked how he knows that the said Elizabeth is the Daughter of the said Mary answers That the said Elizabeth formerly lived with Elizabeth McWilliams about three miles from where this Deponent used to live and that the said Mary her mother lived with Mrs Bradford at Bladensburgh that this Deponent has frequently when going to and coming from George Town he called to see the said Mary who always asked him how her Daughter Elizabeth (who lived about Three miles from the Deponent as above stated) did. And always made enquires after her as a mother. That this Deponent has always understood that the said Elizabeth was the Daughter of the said Mary and that Such has been the General Talk of all the family and the neighbourhood, and that he never heard or understood any thing To the Contrary.

Sworn before J Bullen

And the said Elizabeth McWilliam by her attorney aforesaid relinquisheth the averment aforesaid and Saith that she cannot deny but that the said Elizabeth Butler is entitled to her freedom in manner and form as She has above Set forth. Therefore it is considered by the Court here that the said Elizabeth Butler the petitioner aforesaid be free and discharged of and from the Service of the said Elizabeth McWilliams, and that she the said Petitioner go thereof without day &ca It is also considered and adjudged by the Court here, that the said Elizabeth Butler the petitioner aforesaid recover against the said Elizabeth McWilliams the quantity of twelve hundred pounds of Tobacco by the Court here unto her the said Elizabeth Butler on her assent adjudged for her costs and charges by her about her prosecution of the petition aforesaid in this behalf laid out and expended; and that she have thereof her execution against the said Defendant &ca

Test John Gwinn Clk