Gibson/Papenfuse
Race and the Law in Maryland

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Gibson/Papenfuse
Race and the Law in Maryland

Image No: 285   Enlarge and print image (56K)            << PREVIOUS   NEXT >>

40 SLAVERY & ABOLITION John Wheat, argued Nathaniel Talbot, was willing to 'swear to a falsehood'. In Prince George's County 'his testimony...would not be believed'. Eben Parramore must also be lying, for the people mentioned in his deposition 'had never heard of Ann Joice.12 Despite such assertions, Mahoney's lawyers remained undaunted. They insisted that since Joice had been 'carried from Barbados into England when very young', she 'ought to have been free long ago'. Hoping that a jury com- posed of small farmers and artisans would equate their own political enslave- ment to aristocrats like the Darnalls and Carrolls with the physical slavery of Charles Mahoney, the counsels for the petitioner portrayed the burning of Joice's indenture as a tyrannical abuse of power. The 'great people', com- plained one of Ashton's neighbours, were unwilling to abide by the law like everyone else. Exploiting their rank in society, they forced their indentured servants 'to serve longer than they ought to serve'." Ashton's lawyers responded by submitting several affidavits from respect- ed members of the Maryland gentry. Eleanor Carroll, Henry Darnall's grand- daughter, maintained that Joice had never believed that she was 'entitled to freedom'. Another relative, Henry Hill, declared that Joice and her children 'were always considered as slaves and very good ones'.14 Yet the defence's most effective tactic was its continued attempt to impugn the veracity of those who had testified in support of Mahoney. John Clagett insisted that his father had never spoken 'one word' about the burning of Joice's indenture. Sarah Ratcliffe swore that her mother, whom Eben Parramore claimed had done his wash, 'knew nothing of the freedom of any negroes whatever'. Sarah's broth- er, John Lambath, added that their mother was 'too infirm' to have worked for Parramore. According to Lambath, Parramore was a 'very bad' man who had once been arrested for stealing." The depositions of John Wheat continued to provoke fierce debate. Wheat argued that both his father and grandmother had been 'surprised' that Joice's children had never obtained the freedom to which they were 'entitled'. When Ashton's lawyers produced evidence that Wheat was 'generally reported and believed...to bear a bad character', James Mullikin came to his brother-in- law's defence. But Mullikin was hardly an unbiased witness. In 1788 Ashton had petitioned Governor William Smallwood to remove Mullikin as Justice of the Peace in Prince George's County. Anti-Catholic prejudice, complained Ashton, had induced the justice to spread 'shocking indecencies & false- hoods' against his character. Unwilling to believe Mullikin, the General Court ruled Wheat's testimony inadmissible.16 In October 1797 both sides filed an admittance, declaring that Mahoney was Joice's great-great-grandson. A jury was then called to determine whether Joice had been to England. After examining the evidence, it con- cluded in a special verdict that 'Joice came into this country with Charles