Elizabeth Butler v. Joseph Simmes. Judgment Record William G. Thomas III transcription and encoding Kaci L. Nash University of Nebraska-Lincoln University of Maryland National Endowment for the Humanities 2020 O Say Can You See University of Nebraska-Lincoln Center for Digital Research in the Humanities
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Judgment Record May 1796 Our transcription is based on a digital image of the original. Maryland State Archives General Court of the Western Shore (Judgment Record) MSA S497-26 Supplementary Documents Judgment Record Civil Petition for Freedom May 1796 Boarman, Ignatius Boarman, Jane Bullen, J. Butler, Anne Butler, Anne Butler, Anne Butler, Catharine Butler, Charity Butler, Clare Butler, Edward Butler, Eleanor Butler, Henrietta Butler, Henrietta Butler, Ignatius Butler, Ignatius Butler, Jane Butler, Josias Butler, Lewis Butler, Mary Butler, Mary Anne Butler, Matthew Butler, Pegg Butler, Peggy Butler, Rebecca Butler, Teresa Butler, William Butler, William Butler, William Dyson, Thomas A. Ford, John Gwinn, John Hamilton, Edward Johnson, Thomas, 1732-1819 Keech, John Neale, James Neale, Joseph Pye Pye, Walter Randall, John Shorter, Jane Simms, Joseph Turby, Joshua Charles County (Md.) Montgomery County (Md.) Annapolis (Md.) Judgment for Petitioner Butler, Elizabeth Simmes, Joseph Duvall, Gabriel, 1752-1844 Key, Philip Barton, 1757-1815 Maryland. General Court of the Western Shore Annapolis (Md.) transcribed; encoded

Elizabeth Butler against Joseph Simmes

Be it remembered that heretofore towit on the fourteenth day of November in the year of our Lord one thousand seven hundred and ninety Elizabeth Butler by Gabriel Duvall her attorney prefers to the Court here her petition for freedom against Joseph Simmes in form following towit

To the honorable the Judges of the General Court

The Petition of Elizabeth Butler humbly shews that she is held as a Slave by Joseph Sims of Charles County, although she is entitled to her freedom, being descended from a free woman. Your petitioner is the daughter of Ann Butler who was the daughter of Henrietta Butler who was the daughter of Ann Butler who was the Daughter of Eleanor Butler a free woman. She therefore prayeth that your honours would take her case into consideration and discharge her from the custody of the aforesaid Joseph Sims and that summonses may issue for her witnesses and soforth.

G Duvall for petitioner

Thereupon it is ordered by the Court here that the writ of the State of Maryland of Subpeona ad respondendum issue against the said Joseph Simmes to answer unto the said Petition and soforth, and the same accordingly issues directed to the Sheriff of Charles County, in form following towit. The State of Maryland Sst To the Sheriff Charles County Greeting. We command you that you Summon Joseph Sims 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 in the second Tuesday of May next to answer the petition of Elizabeth 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 the 24 day of November Anno Domini 1790.

Issued the 7th day of December 1790

G Duvall Jno Gwinn Clk.

The same day is given to the said Elizabeth Butler there andsoforth

At which 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 one and the day of the return of the aforegoing summons comes into the General Court here the said Elizabeth Butler by her attorney aforesaid, and the sheriff of Charles County to Whom the said Summons was in form aforesaid directed makes return thereof to the court here then endorsed towit.

NE. Thos A Dyson Sheriff

And And the said Joseph Simmes by Philip Barton Key his attorney voluntarily appears in Court here, and prays leave of the Court here to imparle until the second Tuesday of October next, and to him it is granted the same day is given to the said Elizabeth Butler also.

At which said second Tuesday of October being the Eleventh day of the same month in the year of our Lord one thousand seven hundred and ninety one, to which said day the said Joseph Simmes had leave to imparle: come again into the General Court here as well the said Elizabeth Butler by her attorney aforesaid as the said Joseph Simmes by his attorney aforesaid, and the said Joseph Simmes by his attorney aforesaid 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 Elizabeth Butler also.

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, to which said day the said Joseph Simmes had leave to imparle: come again into the General Court here as well the said Elizabeth Butler by her attorney aforesaid as the said Joseh Simmes by his attorney aforesaid; and the said Joseph Simmes by his attorney aforesaid prays leave of the court here again to imparle untill the second Tuesday of October next, and to him it is granted, the same day is given to the said Elizabeth Butler also.

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 of the said Joseph Simmes had leave to imparle: come again into the General Court here as well the said Elizabeth Butler by her attorney aforesaid, as the said Joseph Simmes by his attorney aforesaid, and the said Joseph Simmes (as before) prays leave of the Court here further to imparle untill the second Tuesday of May next and to him it is granted the same day is given to the said Elizabeth Butler also.

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 Joseph Simmes had leave to imparle come again into the General Court here as well the said Elizabeth Butler by his attorney aforesaid as the said Joseph Simmes by his attorney aforesaid, and the said Joseph Simmes 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 Elizabeth Butler also.

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 Joseph Simmes had leave to imparle: come again into the General Court here as well the said Elizabeth Butler by her attorney aforesaid as the said Joseph Simmes by her attorney aforesaid, and the said Joseph Simmes prays leave of the Court here further to imparle untill the second Tuesday of May next and to him it is granted the same day is given to the said Elizabeth Butler also.

At which said second Tuesday of May being the thirteenth day of the the same month in the year of our Lord one thousand seven hundred and ninety four to which said day the said Joseph Semmes had leave to imparle come again into the General Court here as well the said Elizabeth Butler by her attorney aforesaid as the said Joseph Semmes by his attorney aforesaid and the said Joseph Simmes by his attorney aforesaid prays leave of the court here further to imparle untill the second Tuesday of October next, and to him it is granted, the same day is given to the said Elizabeth Butler also.

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 two, to which said day the said Joseph Simmes had leave to imparle: come again into the Genearl Court here as well the said Elizabeth Butler by her attorney aforesaid as the said Joseph Simmes by his attorney aforesaid; and the said Joseph Simmes by his attorney aforesaid 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 Elizabeth Butler also.

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 Joseph Simmes had leave to imparle: come again into the General Court, here as well the said Elizabeth Butler by her attorney aforesaid as the said Joseph Simmes by his attorney aforesaid; and the said Joseph Simmes by his attorney aforesaid 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 Elizabeth Butler also.

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 ninety five to which said day the said Joseph Simmes had leave to imparle: come again into the General Court here as well the said Elizabeth Butler by her attorney aforesaid, as the said Joseph Semmes by his attorney aforesaid: and the said Joseph Simmes by his attorney aforesaid prays for the 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 Elizabeth Butler also.

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 Joseph Simmes had leave to imparle come again into the General Court here as well the said Elizabeth Butler by her attorney aforesaid as the said Joseph Simmes by his attorney aforesaid. and the said Elizabeth Butler by Gabriel Duvall and Jonathan R Wilmer her attornies file in court here the following Depositions towit

William Butler aged upwards of fifty years being sworn on the holy evangely of Almighty God deposeth & saith that he obtained his freedom in the General Court on petition against Joseph Neale, & that he is the son of Henny Butler now deceased; that Anne Butler who petitioned against John Keech is sister of the deponent & born of the said Henny, & was younger that the deponent. That Edward & William who petitioned against the said John Keech are the children of the deponent's said sister Anne, & the deponent has known them from their Infancy.

That Elizabeth Butler who petitioned against Joseph Simms of Charles County is daughter of the said Anne sister of this deponent, & he has known her 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 Buler 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 J Bullen.

The Deposition of Ignatius Butler aged about forty seven years being first duly sworn on the holy Evangely of Almighty God saith that he Has known the petitioner about sixteen or seventeen years; that when he first knew him, he belonged to Mrs Pye when he was a small boy; that he always understood from the said Mrs Pye, her son Walter & his sister Jane Butler that William was her son; that Jane Butler was Daughter of Beck Butler mother of the deponent who obtained his freedom on petition against Joseph Simmes of Montgomery County.

Sworn this fifteenth day of May 1795 before John Randall

Jane Shorter aged upwards of sixty two years being sworn on the holy Evangely of Almighty God: deposeth & saith that she knows Teresa Butler now present, & has known her from the time of her birth; she is daughter of Mary Butler, whom the deponent knew ever since she the said Mary was a girl; that Mary belonged to old Nasey Bowman when the deponent first knew her and said Mary was sister of Nase who obtained his freedom against one Ford and daughter of Peggy, the mother of said Nase; and the deponent has always understood that Cate whom the deponent knew was daughter of old Nell Butler and grandmother to the aforesaid Mary mother of Teresa.

Sworn to this 20th day of May 1796 J Bullen

Anne Butler aged upwards of forty years being sworn on the holy Evangely of Almighty God saith that she knows the petitioner Clare Butler and has known her since her infancy she was born the property of Jane Boarman with whom this deponent lived and is daughter of Peggy Butler who obtained her freedom on petition in the General Court against the aforesaid Jane Boarman. She further saith that she also knows Matthew and Lewis Butler the petitioners against the said Jane Boarman & knew them from their Infancy they are brothers of Clare Butler and sons of the aforesaid Peggy. And she further saith that she does not know any person named Charity Butler who belongs to the said Jane Boarman; & further saith not.

1795 sworn to this 28 day of October before J Bullen.

Whereupon all & 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 Elizabeth Butler the petitioner aforesaid is intitled to her freedom as she by her petition to the court here hath alledged.

Therefore it is considered by the court here that the said Elizabeth Butler the petitioner aforesaid before and discharged of and from the the service of the said Joseph Simmes and that she the said Elizabeth Butler the petitioner aforesaid go thereof without day &ca It is further considered by the court here that the said Elizabeth Butler recover against the said Joseph Semmes the quantity of One thousand three hundred and sixty two pounds of Tobacco by the court here unto her on her assent adjudged for her costs and charges by her about the prosecution of her petition laid out and expended, and that she have thereof her execution andsoforth.

Test John Gwinn Clk.