O Say Can You See

Be it remembered that heretofore to wit on the twenty first day of October in the year of our Lord one thousand seven hundred and ninety Mary Anne Butler by Gabriel Duvall her attorney preferred and filed in the Court here her petition for freedom against Joshua Turby which is in form following to wit. To the Honourable the Judges of the General Court. The petition of Mary Anne Butler humbly sheweth that she is held as a slave by Joshua Turby of Charles 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 Anne Butler who is the Daughter of Henrietta Butler who was the Daughter of Anne Butler who was the Daughter of Eleanor Butler aforesaid a free woman she therefore prays your honours to take her case into consideration and discharged her from the custody of the said Joshua Turby and that summonses may issue for her witnesses and so forth.

G. Duvall for petr

Whereupon in pursuance of the Rule and order of the Court here in such cases made and provided on the seventh day of December in the year aforesaid the said Mary Anne Butler by her attorney aforesaid prosecuted and sued forth out of the General Court here the writ of the State of Maryland of subpoena ad respondendum against the said Joshua Turby directed to the Sheriff of Calvert County in form following to wit. The State of Maryland Sst To the Sheriff of Charles County greeting. We command you that you summon Joshua Turby 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 Mary Anne Butler preferred against him for freedom. Hereof he is not a 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.D.) 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 Mary Anne Butler by her attorney aforesaid, and the Sheriff of Charles County aforesaid to whom the said summons was in form aforesaid directed makes return thereof to the Court here thus endorsed to wit "Summoned" Thomas A Dyson Sheriff Whereupon comes into the General Court here the said Joshua Turby by John Campbell his attorney, and 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 and so forth

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 Mary Anne Butler by her attorney aforesaid as the said Joshua Turby 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 and so forth

At which 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 Mary Anne Butler by her attorney aforesaid as the said Joshua Turby 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 October next the same day is given to the parties aforesaid then and so forth

At which said second Tuesday of October being the ninth 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 Mary Anne Butler by her attorney aforesaid as the said Joshua Turby 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 and so forth

At which said second Tuesday of May being the fourteenth day of the said month in the year of our Lord one thousand seven hundred and ninety three come again into the General Court here as well the said Mary Anne Butler by her attorney aforesaid as the said Joshua Turby by his attorney aforesaid. Thereupon further process of   of and upon the premises aforesaid between the parties aforesaid by order of the Court here is further continued untill the second Tuesday of October next the same day is given to parties aforesaid then and so forth.

At which said second Tuesday of October being the eighth day of the said month in the year of our Lord one thousand seven hundred and ninety three come again into the General Court here as well the said Mary Anne Butler by her attorney aforesaid as the said Joshua Turby 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 and so forth

At which said second Tuesday of May being the thirteenth day of the said month in the year of our Lord one thousand seven hundred and ninety four come again into the General Court here as well the said Mary Anne Butler by her attorney aforesaid as the said Joshua Turby 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 October next the same day is given to the parties aforesaid then and so forth

At which said second Tuesday of October being the fourteenth day of of the said month in the year of our Lord one thousand seven hundred and ninety four come again into the General Court here as well the said Mary Anne Butler by her attorney aforesaid as the said Joshua Turby 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 and so forth

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 ninety five come again into the General Court here as well the said Mary Anne Butler by her attorney aforesaid as the said Joshua Turby 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 October next the same day is given to the parties aforesaid then and so forth

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 ninety five come again into the General Court here as well the said Mary Anne Butler by her attorney aforesaid as the said Joshua Turby 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 and so forth

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 six come again into the General Court here as well the said Mary Anne Butler by Jonathan R Wilmer her attorney as the said Joshua Turby by his attorney aforesaid. And the said Mary Anne Butler by her said attorney files in Court here the Deposition of William Butler which is in form following to wit

Anne Butler
against
John Keech

William Butler aged upwards of fifty years being sworn on the Holy Evangely of Almighty God deposeth and saith that he obtained his freedom in the General Court on petition against Joseph Neale and that he is the son of Henny Butler now deceased that Anne Butler who petitioned against John Keech is sister of the deponent and born of the said Henny & was younger than the Deponent, That Edward and William who petitioned against the said John Keech are the children of the deponents said sister Anne & the Deponent has known them from their Infancy, That Elizabeth Butler who petitioned against Joseph Simmes of Charles County is daughter of the said Anne sister of this deponent, he has known her from her infancy, That Mary Anne Butler who petitioned against Joshua Turby is also daughter of the deponents said sister Anne & he has known her from her Infancy, That Henny Butler who petitioned against Edward Hamilton is also daughter of the deponents sister Anne & he has known her from her Infancy, That Josias Butler who petitioned against James Neale is son of the said Anne sister of the Deponent, & he has known him ever since he was a child

Sworn to this 19th day of May, before Bullen

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 and so forth

At which said second Tuesday of October being the eleventh d ay of the said month in the year of our Lord one thousand seven hundred and ninety six come again into the General Court here as well the said Mary Anne Butler by her attorney aforesaid as the said Joshua Turby 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 and so forth

At which said second Tuesday of May being the ninth day of the said month in the year of our Lord one thousand seven hundred and ninety seven come again into the General Court here as well the said Mary Anne Butler by her attorney aforesaid as the said Joshua Turby 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 October next the same day is given to the parties aforesaid then and so forth

At which said second Tuesday of October being the tenth day of the said month   month in the year of our Lord one thousand seven hundred and ninety seven come again into the General Court here as well the said Mary Anne Butler by her attorney aforesaid as the said Joshua Turby 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 and so forth

And now here at this day that is to say 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 eight come again into the General Court here as well the said Mary Anne Butler by her attorney aforesaid, as the said Joshua Turby by his attorney aforesaid and the said Joshua Turby by his said attorney saith that he cannot deny the complaint aforesaid of the said Mary Anne Butler the petitioner aforesaid so as aforesaid made nor but that the said Mary Anne Butler the petitioner aforesaid is entitled to her freedom being descended in the female line from a free woman in manner and form as the said Mary Anne Butler by her said petition to the Court here preferred against him the said Joshua Turby above hath alledged: and thereupon the said Mary Anne Butler by her attorney aforesaid prays that she may be dismissed and discharged from the service of the said Joshua Turby together with her costs and charges by her about the prosecution of her said petition to her to be adjudged and so forth, therefore it is considered by the court here that the said Mary Anne Butler the petitioner aforesaid recover of and against the said Joshua Turby her freedom and that she be hence freed and discharged of and from the service of the said Joshua Turby and that she the said Mary Anne Butler the petitioner aforesaid go freed and discharged thereof without day &c and it is further considered by the court here that the said Mary Anne Butler the petitioner aforesaid recover against the said Joshua Turby the quantity of seven hundred and thirteen pounds of tobacco by the court here unto the said Mary Anne 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 and so forth

Test John Gwinn cl.