SEPTEMBER TERM, *1765,*

#### Sarah Soaper *against*Negro Tom.

THIS was an appeal of murder, the proceedings where.of are as follows, to wit;

44 Command was given to the sheriff of *Frederick “*County, that if *Sarah*Soaper, tvidow, who was the wife 56 of *Thomas Soaper,*should make him secure of prosecu-. 44 ting her clamour, then he should attach *Negro*Tom, *M*(the slave of *John Gantt,)*late of *Frederick*County, *61*labourer, by his body, so that he might have him before 54 the Justices of his Lordship’s Provincial Court, to be 44 held at the City of *Annapolis,*on the second *Tuesday*of 44 *September*then next, to answer unto the aforesaid *Sarah,*44 for the death of the aforesaid *Thomas Soaper,*formerly 54 her husband, wherewith she appealed him j and that 44 he should have then and there that writ, &c.

44 At which said second *Tuesday*of *September,*to wit, 44 the 10th day of the same month in the year *1765,*being 44 the day of the return of the foregoing recited writ, comes 44 the said *Sarah Soaper,*by *Edmund Key,*her attorney; 44 and the sheriff of *Frederick*Count)7, to whom the same 44 writ was directed, makes return thereof to the Court 44 here thus endorsed, to wit: Pledges for prosecuting, "c *John*Cooke, Esquire, and Major *Joseph*Sim.

44 Geo. *Murdoch,*Sheriff.

44 *Cepi*Geo. *Murdoch,*Sheriff

44 And the said *Sarah Soaper,*by her attorney aforesaid, 44 declares against the said *Negro Tom*in the plea afore44 said, as follows, to wit s

44 *Maryland,*to wit s *Negro Tom,*late of *Frederick*■54 County, labourer, formerly the slave of *Jolm*Gantt, otf *228“ *Prince George’s*County, gentleman, but now the slave “ of *Samuel*Swearingen, of *Frederick*County, inn-holder, “ was attached by his body to answer unto *Sarah*Soaper, *sc*widow, who was the wife of *Thomas*Soaper, of the “ death of the aforesaid *Thomas*Soaper, formerly her husband, whereof she appeals him, the said Negro *Tom;*“ and *yohn Cooke*and *yoseph Sim, of Prince George’s*“ County, are pledges of prosecuting.

“ And whereupon the said *Sarah,*by *Edmund Key,*her *tl*attorney, according to the form of the statute in such “ cases made and provided, within one year appeals the “ aforesaid *Negro Tom*of this, that the aforesaid *Thomas*“ *Soaper,*being in the peace of God, and the Right “ Honourable the Lord Proprietary that now is, • at the “ parish of *Shieen Anne’s*in *Prince George’s*County, on “ the, &c. (as in an indictment for murder,) and if the “ aforesaid *Negro Tom,*the felony and murder aforesaid, “ upon him, the said *Negro Tom*in form aforesaid, impo*u seel,*will deny, she, the said *Sarah Soaper,*is here ready “ to prove the same, as the Court shall order and direct» “ And the aforesaid *Negro Tom*being called, appears under the custody of the sheriff of *Frederick*County, to “ whom the writ aforesaid, for that purpose, was directed, a and being demanded how, of the premises in the declara* “ tion aforesaid, above on him imposed, he would acquit “ himself, saith thathe is not in any wise guilty thereof; and “ of thishe puts himself upon the country: And the said *fí S.*-S', in like manner, &c. Whereupon for trying the issue “ aforesaid, command is given to the sheriff of *Anne*“ *Arundel*County, that he immediately cause to come “ here twelve good and lawful men of his bailiwick, by “ whom, &c. &c. of which said precept the said sheriff, to wit, *y. G.*Esquire, makes return that he has here ready twelve, &c. who being duly elected, tried and “ sworn to say the truth in the premises in the declaration “ aforesaid contained, say on their oath that the said *Ne-*“ *gro Tom*is guilty of the premises in the same declara- *229“ don contained, in manner and form as said *S. S.*“ therein hath declared. Thereupon the said *Negro Tom*“ is committed to the custody of the sheriff of *Anne Arun-*“ *del*County, there to remain until, &c. who being present M takes charge of him accordingly.

“Afterwards, to wit: the 12th day of October, *1765,*“ the appellant appears in proper person in Court here, and “ prays judgment against the said *Negro Tom*on the “ verdict aforesaid, that he may be hanged by the neck on “ the 2d day of *November*next, until he, the said *Negro*“ Tom, is dead.

“ Therefore it is considered by the Court here, that the “ said *Negro Tom*be, for the offence aforesaid, hanged by *u*the neck until he is dead, and that the execution of the “ said *Negro Tom*be on the 2d day of *November*next. , “ And thereupon the said *Negro Tom*is committed to the “ custody of the sheriff of *Anne Arundel*County, to be “ re-delivered to the sheriff of *Prince George’s*County. “ The sheriff of *A.*A. County being present, takes charge “ of him accordingly. In case the public should pay for “ the said *Negro*Tom, the Court value him at 53/. 6s. *Sd,*85 *Maryland*currency.

See Lib. D. 3D. No. 9P fob 39.