Peter Gray: The Difference One Person Can MakeBy Laura GibsonPETER W. GRAY GOT TO <strong>TEXAS</strong> AS SOON AS HE COULD. He arrived in Galveston onDecember 24, 1838, a few weeks after he turned nineteen. Gray was born in Fredericksburg,Virginia on December 12, 1819. 1 His father, Colonel William Fairfax Gray, was an acquaintanceof two land speculators, Albert T. Burnley and Thomas Green, both of Washington, D.C., whowanted to invest money in Mississippi, Louisiana, or Texas through a reliable land agent. Theyhired Col. Gray to travel to Texas. That decision would have a significant impact on Texas’s Rulesof Civil Procedure, the Houston Bar Association, and the life of Emeline, a freed slave.Col. Gray traveled to Texas in 1835, shortly after he was admitted to the Virginia bar at the age of forty-eight.He kept a detailed record of his observations in his diary, which he called “From Virginia to Texas.” Col. Gray wasso impressed by Texas, and with the city of Houston in particular, that he decided to return with his family. He wrotethe Republic’s appointed President, David G. Burnet, from New Orleans, stating that, “I shall return to Texas with asmuch speed as my affairs in the United States will admit to make my future home among you.” 2In November 1838, Col. Gray, his wife, Millie, 3 and family left Virginia on the steamship Rappahannock,traveling between Fredericksburg and Baltimore. In Baltimore they embarked on the brig Delia and traveled southuntil they arrived in Galveston on Christmas Eve. 4 After the organization of the Texas Supreme Court in 1837,Col. Gray served as its Clerk. 5Peter Gray must have admired his father greatly, for he developed a love of the law and books, both ofwhich were his father’s passions. 6 After young Gray’s arrival in Texas in December 1838, he began his studyof law in his father’s office in his two-room red house. 7 By at least January 9, 1840, Gray had entered into a1See Thomas W. Cutrer, “Gray, Peter W.,” Handbook of Texas Online, http://www.tshaonline.org/handbook/online/articles/fgr25,accessed July 16, 2015.2See William Fairfax Gray, From Virginia to Texas, 1835: Diary of Col. Wm. F. Gray, giving details of his journey to Texas and return in1835-1836 and second journey to Texas in 1837, preface by A. C. Gray (Houston: Gray, Dillaye & Co., 1909, reprint, Houston: FletcherYoung Pub. Co., 1965); letter to David G. Burnet, quoted by Marguerite Johnston, Houston: The Unknown City, 1836-1946 (CollegeStation: Texas A&M Univ. Press, 1991), 7. See generally Andrew Forest Muir, “Gray, William Fairfax,” Handbook of Texas Online,http://www.tshaonline.org/handbook/online/articles/fgr27, accessed July 16, 2015; Cutrer, “Peter Gray,” Handbook of Texas Online.3Peter Gray’s mother’s name is sometimes spelled as “Milly.” However, this article uses the spelling “Millie” as that is the spelling usedin J. H. Freeman, The People of Baker Botts (Houston: Baker & Botts, 1992), which makes reference to her diary, presumably the sourcefor that publication. See Millie Gray, Diary of Millie Gray, 1832-1840, Recording Her Family Life Before, During and After Col. Wm. F.Gray’s Journey to Texas in 1835, and The Small Journal, Giving Particulars of All That Occurred During the Family’s Voyage to Texas in1838 (Houston: Fletcher Young Pub. Co., 1967). Other historians follow the diary’s spelling as “Millie,” too. See Johnston, Houston, 25.4See Gray: From Virginia to Texas 1835-36, preface; Johnston, Houston, 25-27 at 25.5See Hugh Rice Kelly, “Peter Gray,” The Houston Lawyer, January 1976, 29-35 at 29.6Col. Gray brought a library of some 250 books with him when he moved to Texas. See Millie Gray’s Diary and Dr. Andrew ForestMuir’s biographical sketch of Col. Gray cited in Johnston, Houston, 6.7See Kate Sayen Kirkland, Captain James A. Baker of Houston, 1857-1941 (College Station: Texas A&M Univ. Press, 2012), 4625
law firm partnership with his father and Judge John Scott, 8as reflected in the advertisement they placed in the first,January 9, 1840 issue of The Morning Star, a newspaperin Houston. 9In 1841, at the age of twenty-two, after his father’spassing, Peter Gray was appointed by Sam Houston tosucceed Col. Gray as district attorney, a position in whichhe served until Texas was admitted to the Union in 1846. 10Coinciding with his service as district attorney, he wonelection in 1841 as a city alderman. 11 Gray also won electionto the Seventh District Court (now the Eleventh DistrictCourt), where he served until the outbreak of the Civil War. 12Chief Justice Oran Roberts referred to Gray as “the very bestdistrict judge upon the Texas bench.” 13Judge Peter Gray’s portrait in theEleventh Judicial District Court of Harris County.Photo by David A. Furlow.At a Houston Bar Association banquet in 1910,Judge W. Key Hamblen described Judge Gray as “one ofthe chiefs among the intellingencers of that day. He wasaccomplished, educated in all the refinements as well asin all the substantials of the profession; so discriminating,so penetrating, that no proposition of law was presentedto him that he did not see; so absolutely honest that hisand 374 n.6. Col. Gray’s son, Allen C. Gray, described their office as “a little red house, one story with two rooms.… [Col. Gray’s]office was in front and in the rear my brother and I and several other boys were taught by the First Episcopal clergyman who came toHouston, Reverend Mr. Chapman. Afterwards my father moved his office around on Courthouse Square….” See Kelly, “Peter Gray,”Houston Lawyer, 29-30.8John Scott was from North Carolina, where he had served as a state representative and solicitor general of the state. See James L.Haley, The Texas Supreme Court: A Narrative History, 1836-1986 (Austin: Univ. of Tex. Press, 2013) 24.9The earliest reference to Gray’s practice of law appears in the diary his mother, Millie Gray, kept of her family’s move from Virginiato Houston. In her Sunday, January 5, 1840 entry, she noted that Judge Scott was at her home and that he, Col. Gray, and Gray hadentered into a partnership of law. The Thursday, January 9, 1840 ad in the The Morning Star (not January 7, 1840, as mentioned insome sources) reads as follows:LAW NOTICE—The subscribers have associated in the practice of law under the firm of Scott & Gray. One of them may alwaysbe found at the office of W. F. Gray, City of Houston. Their united attention, when necessary, will be given to business entrustedto them.W. Fairfax Gray.John Scott.Peter Gray.See The Morning Star (Houston, Tex.), Vol. 1, No. 224, Ed. 1, Thurs., Jan. 9, 1840, http://texashistory.unt.edu/ark:/67531/metapth79998/m1/3/?q=Gray/: accessed July 16, 2015, Univ. of N. Tex. Libs., The Portal to Texas History, http://texashistory.unt.edu, crediting Dolph Briscoe Ctr. for Am. Hist., Austin, Tex.; cf. Freeman, Baker Botts, 10. Col. Gray passed away from pneumoniaon April 16, 1841. Judge Scott passed away on June 4, 1842. After Scott’s passing, Peter Gray continued the practice.10See Cutrer, “Peter Gray,” Handbook of Texas Online; Haley, Narrative History, 90.11See Freeman, Baker Botts, 11; Kirkland, Captain Baker, 46.12Gray’s portrait now hangs in the Eleventh District Court of Harris County, the successor court to the courts in which Gray, Judge John Scott,and Judge James A. Baker were all judges. All three worked at the firm now known as Baker Botts, LLP. See Freeman, Baker Botts, 9.13See Kelly, “Peter Gray,” Houston Lawyer, 31; Johnston, Houston, 57. See also Tarlton L. Lib., “Peter W. Gray (1819–1874),” Justicesof Texas 1836–1986, http://tarlton.law.utexas.edu/justices/profile/view/40, accessed July 16, 2015.26
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