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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
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.
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
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