Ignatius Butler v. Zephaniah Franklin. Judgment Record


Ignatius Butler
Zephaniah Franklin

Same proceedings, and Judgment, mutatis mutandis as in the Case of Elizabeth Butler against Joseph Simmes page 25 except as to the following Petition, Summons & Deposition towit.

To the Honourable the Judges of the General Court.

The petition of Ignatius Butler humbly sheweth that he is held as a slave by Zephaniah Franklin of Charles County altho he is entitled to his Freedom being descended from a free woman whose name was Eleanor Butler, your petitioner is the son of Teresa Butler who was the Daughter of Rebecca Butler who was the Daughter of Jane Butler who was the daughter of Eleanor Butler aforesaid a free white woman He therefore prays your honours to take his case into consideration and discharge him from the custody of the said Zepheniah Franklin and that summons may issue for his witnesses & soforth.

G Duvall for Petr

The State of Maryland Sst To the Sheriff of Charles County Greeting we command you that you summon Zephaniah Franklin 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 Ignatius 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 honourable Thomas Johnson Esquire Chief Judge of our said Court this 24th day of November Anno Domini 1790.

Issued the 7th day of December 1790. G Duvall Jno Gwinn Clk

Ignatius Butler aged about forty seven years being duly sworn in this cause on the Holy Evangely of Almighty God deposeth & saith that he knows Nase the petitioner & has known him ever since he the said petitioner was fourteen or fifteen years of age; that he has known Mr Franklin the Defendant longer and he owned Terry the sister of the Deponent, and he has understood from Mr. Franklin & his said sister that Nace the petitioner was the son of Terry sister of the deponent; that the deponent obtained his freedom on petition against Joseph Sims in the General Court and is son of Beck who was daughter of Jenny who was Daughter of Eleanor Butler that Terry is also daughter of Beck mother of the deponent. sworn to this fifteenth day of May 1795 before John Randall John Gwinn Clk