
    GENERAL COURT,
    OCTOBER TERM, 1794.
    Basil Shorter against Henry Rozier.
    THIS was a petition for freedom, whereby the petitioner claimed his freedom as being lineally descended in the female line from Elizabeth Shorter, a free white woman. The defendant pleaded, that t e said Elizabeth Shorter was not a free white woman. Also, that the petitioner was not lineally descended in the female line from a free white woman; and issues were joined. (See the pleas, 2 Harr. Ent. 530.)
    At the trial of the cause the following bill of exceptions was taken, to wit:
    In the trial of this cause the petitioner gave in evidence to the jury, that he was the son of a mulatto woman named Linda, who was the daughter of a mulatto woman named Moll, or Mary. That the defendant holds and claims him, the petitioner, under Edward Neale, whose daughter the defendant married. That Edxvard Neale was the son of Anthony Neale, of Saint Mary’s county, and held and claimed the aforesaid Moll and Linda from and under the said Anthony Neale; and that the said Moll was held and claimed by the said Anthony Neale, for many years in his lifetime. And the petitioner also offered evidence to prove that the said Moll or Mary had two sisters named Jenny and Patt, who were also held and claimed by the said Anthony, and who, with their issue, have been since held and claimed by his descendants and others under him; and that the said Anthony Neale departed this life in or about the year 1723. And the petitioner also offered evidence to prove the existence of such a free white woman as Elizabeth Shorter, in the family of the Neales, and in the lifetime of the said Anthony Neale.
    
    
      And thereupon, the petitioner offered in evidence the following paper, to wit: “ At the request of Mr. Anthony Neale, the following certificate and deposition were recorded: Maryland, ss. Saint Mary's county. These are to certify, that in the year 1681, or near about that time, I Nicholas Geulick, priest, the subscriber hereof, did join together in the holy estate of matrimony, according to the then law, a negro man named, to the best of my remembrance, Little Robin, to a white woman, whose name was Elizabeth Shorter, which couple all that time were both servants unto Mr. William Roswell, deceased, and wás after, as I am informed, disposed of by the said Roswell unto Mr. Anthony Neale, of. Charles county. Certified under my hand, this 15th day of June, Anno 1702.
    “ Nicholas Geulick.”
    “ Memorandum. The day and year above, came before me, Mr. Geulick, and made oath upon the Holy Evangelist, that the above affidavit is the whole truth and nothing but the truth.
    “ Jurat coram me,
    
    “ Joshua Guibert.”
    “ Maryland, ss. St. Mary’s county. Emma Roswell, widow, aged seventy years, or thereabouts, being sworn upon the Holy Evangelist, declareth upon her oath, that she the said deponent was present at the marriage of the above said couple, and that the ceremony was performed by the above said Mr. Nicholas Geulick, priest, and that the negro man’s name was Little Robin, and the white woman’s name Elizabeth Shorter ¡ and that they were, at the time of their being married, both servants unto this deponent’s husband, William Roswell, deceased, and by him given and made over and delivered up unto Anthony Neale, upon marriage of the said Neale with Elizabeth, the daughter of said Roswell, and have remained in the said Neale’s service ever since ; and that after the marriage of the said negro man and white woman, the said white woman had three mulatto girl children, named Mary, Jane and Martha, who are now living to the best of this deponent’s knowledge.
    “ This 15th day of June, Anno 1702.
    “ Jurat coram me.
    
    “ Joshua Guibert.”
    “ Maryland, St. Alary's county, ss. (King and S>iieen parish,) June 6, 1702. Then recorded upon the record book of the abovesaid parish, the two within affidavits, one of Mr. Nicholas Geulick, priest, the other of Mrs. Emma Roswell. This being a true copy as now given under my hand the day and date above, by me,
    “ Wm. Havett, Clk.. Vestry.”
    “ Entered on the records of Charles county, June the 25th, 1703.” Certified under seal, by the clerk of Charles county court, to be a true copy from the records.
    The said paper being agreed by the defendant to be a true, full and exact copy from an entry made by the clerk of Charles county court, in the year 1703, in one of the land record books of the said county; and it being also agreed that the said paper should be as good evidence as if the record itself, from which it purports to be copied, was produced.
    And the petitioner proved that the paper in the said record mentioned to be recorded, was not to be found among the papers remaining in the clerk’s office of the said county; and that the parish registers of King and §>ueen parish of St. Mary's county, up to the year 1744, have been lost or destroyed.
    And the defendant, by his counsel, objected to the admissibility of the said entry on the record aforesaid, as evidence in this cause.
   But the court

[A. Chase, Ch. J. and J. T. Chase, J.]

were of opinion, that the same was evidence, and accordingly allowed it to be read to the jury. To which opinion, of the court, the defendant by his counsel, excepted, &c.

Verdict for the petitioner, and judgment for freedom.  