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<title>Joseph Shorter v. Thomas Brewer. Judgment Record</title>
<principal n="Thomas, William G., 1964-" xml:id="wgt">William G. Thomas III</principal>
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<name n="Nash, Kaci L." xml:id="kln">Kaci L. Nash</name>
<name n="Weakly, Laura K." xml:id="lkw">Laura K. Weakly</name>
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<sponsor>University of Nebraska-Lincoln</sponsor>
<sponsor>University of Maryland</sponsor>
<sponsor>National Endowment for the Humanities</sponsor>
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<date>2019</date>
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<authority>O Say Can You See</authority>
<publisher>University of Nebraska-Lincoln</publisher>
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<name>Center for Digital Research in the Humanities</name>
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<addrLine>319 Love Library</addrLine>
<addrLine>University of Nebraska–Lincoln</addrLine>
<addrLine>Lincoln, NE 68588-4100</addrLine>
<addrLine>cdrh@unl.edu</addrLine>
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<idno type="case">oscys.caseid.0538</idno>

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<p>Licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Derivatives must be credited to O Say Can You See, made available non-commercially, and distributed under the same terms. Requests for permission for commercial publication or other use should be emailed to the project team.</p>
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<title level="m" type="main">Judgment Record</title>
<date when="1796-05">May 1796</date>
<note type="project">Our transcription is based on a digital image of the original.</note>
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<term>Civil</term>
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<keywords scheme="original" n="subtype">
<term>Petition for Freedom</term>
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<keywords scheme="original" n="term">
<term><date when="1796-05">May 1796</date></term>
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<keywords scheme="lcsh" n="people">
<term xml:id="per.004601">Bullen, J.</term>
<term xml:id="per.005346">Butler, Mary</term>
<term xml:id="per.001514">Chase, Samuel, 1741-1811</term>
<term xml:id="per.001493">Gwinn, John</term>
<term xml:id="per.002041">Hamersley, Francis</term>
<term xml:id="per.005347">Shorter, Patty</term>
<term xml:id="per.005348">Shorter, Peggy</term>
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<keywords scheme="lcsh" n="places">
<term>Charles County (Md.)</term>
<term>Saint Mary's County (Md.)</term>
<term>Annapolis (Md.)</term>
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<term>Verdict for Petitioner</term>
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<person role="petitioner" xml:id="per.005344">
<persName>Shorter, Joseph</persName>
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<person role="defendant" xml:id="per.005345">
<persName>Brewer, Thomas</persName>
</person>
<person role="attorney_petitioner" xml:id="per.001393">
<persName>Duvall, Gabriel, 1752-1844</persName>
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<person role="attorney_petitioner" xml:id="per.004534">
<persName>Wilmer, Jonathan Roberts</persName>
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<person role="attorney_defendant" xml:id="per.001495">
<persName>Key, Philip Barton, 1757-1815</persName>
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<div1 type="case">

<pb xml:id="p044" n="oscys.mdcase.0012.023.001"/>

<div2 type="caption">

<p>Joseph Shorter<lb/>
against<lb/>
Thomas Brewer</p>

</div2>

<div2 type="body">

<p>Be it Remembered that heretofore towit on the
seventh day of april in the year of our Lord one
Thousand seven hundred and ninety two, Joseph
Shorter by Gabriel Duvall his attorney prefers
to the Court here his petition for freedom against Thomas Brewer
in form following towit.</p>

<p>To the honorable the Judges of the General Court <catchwords>The</catchwords>

<pb xml:id="p045" n="oscys.mdcase.0012.023.002"/>

The Petition of Joseph Shorter humbly sheweth that he is held in Slavery
by Thomas Brewer of St Marys County; and he is advised, that he is entitled
to his freedom being descended in the female line from a free white woman
He therefore prays your Honors the premises being considered to discharge him
from the custody of the said Thomas Brewer; if he should prove his descent
as aforesaid, and that summons may issue for the said Thomas Brewer to 
answer this petition, and he will pray &amp; soforth</p>

<p>G Duvall for the Petr</p>

<p>Thereupon it is ordered by the Court here that the writ of the State of
Maryland of Subpena ad respondendum issued against the said Thomas Brewer
to answer unto the said Petition and soforth, and the Same accordingly issues
in form following towit.</p>

<p>The State of Maryland To the Sheriff of Saint Marys County Greeting
We Command you that you summons Thomas Brewer late of Saint
Marys 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 unto the petition of Joseph
Shorter 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 Samuel Chase Esquire Chief Judge of our said Court the 14th
day of February Anno Domini 1792.</p>

<p>Issued the 8th day of April Anno Domini 1792</p>

<p>GD. Jno Gwinn Clk.</p>

<p>The same day is given to the said Joseph Shorter andsoforth</p>

<p>At which said second Tuesday of May being the eighth day of the
same month in the year of our Lord one thousand seven hundred and ninety
two and the day of the return of the aforegoing writ comes into the General
Court here as well the said Joseph Shorter by his attorney aforesaid, and the 
Sheriff of Saint Marys County to whom the said writ was in form aforesaid
directed makes return thereof to the Court here thus endorsed towit.</p>

<p>Sumd F Hamersley Shff</p>

<p>And the said Thomas Brewer by Philip Barton Key his attorney appears in Court
here and defends the force and injury when andsoforth, and prays leave of
the Court here to imparle untill the second Tuesday of October next, and to
him it is granted the same day is given to the Petitioner also.</p>

<p>At which said second Tuesday of October being the ninth day of the same
month in the year of our Lord one thousand seven hundred and ninety
two, to which said day the said Thomas Brewer had leave to imparle
come again into the General Court here as well the petitioner as the 
Defendant by their attornies, and the said Thomas Brewer by his said
attorney as before defends the force and injury when and soforth and prays
further leave of the Court here to imparle untill the second Tuesday of 
May next and to him it is granted the same day is  given to the
Petitioner also.</p>

<p><catchwords>At</catchwords> 

<pb xml:id="p046" n="oscys.mdcase.0012.023.003"/>

At which said second Tuesday of May being the fourteenth day of the
same month in the year of our Lord one Thousand seven hundred and ninety
three, to which said day the said Thomas Brewer had leave to imparle, comes
again into the General Court here as well the Petitioner as the Defendant
by their attornies and the said Thomas Brewer by his said attorney (as before)
defends the force and injury when and soforth, and prays further leave of the
Court here to imparle untill the second Tuesday of October next, and to
him it is granted the same day is given to the said Joseph Shorter also.</p>

<p>At which said second Tuesday of October being the Eighth day of the
same month in the year of our Lord one thousand seven hundred and ninety
three, to which said day the said Thomas Brewer had leave to imparle, come again
into the General Court here as well the Petitioner as the Defendant by their
attornies, and the said Thomas Brewer by his said attorney (as before) defends
the force and injury when and soforth and prays leave of the Court here 
to imparle untill the second Tuesday of May next, and to him it is
granted the same day is given to the said Joseph Shorter also.</p>

<p>At which said second Tuesday of May being the thirteenth day of the same
month in the year of our Lord one Thousand seven hundred and ninety four, to
which said day the said Thomas Brewer had leave to imparle, come again into 
the General Court here as well the Petitioner as the defendant by their attornies
and the said Thomas Brewer by his said attorney (as before) defends the force and
injury when and soforth and prays further leave of the Court here to imparle
untill the second Tuesday of October next, and to him it is granted, the
same day is given to the said Joseph Shorter also.</p>

<p>At which said second Tuesday of October being the fourteenth day of the 
same month in the year of our Lord one Thousand seven hundred and
ninety four, to which said day the said Thomas Brewer had leave to imparle
come again into the General Court here, as well the Petitioner as the
Defendant by their attornies, and the said Thomas Brewer by this said attorney
(as before) defends the force and injury when and soforth and prays leave
of the Court here to imparle untill the second Tuesday of May next, and
to him it is granted to the same day is given to the said Thomas Brewer also.</p>

<p>At which said second Tuesday of May being the twelfth day of the same
month in the year of our Lord one Thousand seven hundred and ninety five
to which said day the said Thomas Brewer had leave to imparle come again into
the General Court here as well the Petitioner as the Defendant by this attornies
and the said Thomas Brewer by his said attorney as before defends the force
and injury when andsoforth, and prays leave of the court here to
imparle untill the second Tuesday of October next, and to him it is granted
the same day is given to the said Joseph Butler also.</p>

<p>At which said second Tuesday of October being the thirteenth day of the
same month in the year of our Lord one Thousand Seven hundred and <catchwords>ninety</catchwords>

<pb xml:id="p047" n="oscys.mdcase.0012.023.004"/>

ninety five, to which said day the said Thomas Brewer had leave to imparle
come again into the General Court here as well the said Petitioner as the
Defendant by their attornies and the said Thomas Brewer by his said attorney
(as before) defends the force and injury when and soforth and prays further leave
of the Court here to imparle untill the second Tuesday of May next, and to
him it is granted the same day is given ot the said Joseph Shorter also.</p>

<p>And Now at this day towit the said second Tuesday of May being the tenth
day of the same month in the year of our Lord one Thousand seven hundred and
ninety six, to which said day the said Thomas Brewer had leave to imparle, come
again into the General Court here the said petitioner as the Defendant by their
attornies and the said Joseph Shorter by Jonathan R Wilmer has attorney
files in Court here the following Depositions towit (here insert the
Deposition of Terry Shorter as entered in this Book in page 39</p>

<p>The Deposition of Mary Butler aged thirty eight years being duly sworn on
the holy evangely of Almighty God deposeth and saith that she knows the
Petitioner and has known him about fourteen or fifteen years, and has known
Thomas Brewer the Defendant about the same time; That she lived many
years within four miles of the Petitioner; that she has known Patty Shorter as
she called herself ever since the Deponent was a girl &amp; she lived with the
defendant ever since she knew her, that the said Patty always past as the
mother of Joseph and Joseph was always reputed to be her son, and she 
never heard it contradicted, and she was well acquainted in the defendants
family, and has heard the Defendant Thomas Brewer say that
Joseph Shorter now present was the son of Patty aforesaid; that the
deponent has always understood that Pattys mother was named Peggy
but she did not know her.</p>

<p>Sworn to this 11th day of November 1795.</p>

<p>Before J Bullen.</p>

<p>Whereupon all and singular the premises between the parties aforesaid by the
Court here being seen heard and fully understood and mature deliberation
thereupon had for that it appears to the Court here that the said Joseph
Shorter the Petitioner aforesaid is entitled to his freedom as he be his 
Petition to the Court here hath alledged Therefore it is considered by the Court
here That the said Joseph Shorter the Petitioner aforesaid be free and discharged
of and from the service of the said Thomas Brewer and that he the said
Joseph Shorter the Petitioner aforesaid go thereof without day &amp;ca.</p>

<p>It is further considered by the Court here that she said Joseph Shorter
recover against the said Thomas Brewer the quantity of six hundred and
Eighty three pounds of Tobacco by the Court here unto him on his assent
adjudged for his costs and charges by him about the prosecution
of his Petition laid out and expended, and that he have thereof 
his Execution andsoforth.</p>

<p>Test. John Gwinn Clerk</p>

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