TEXAS SUPREME COURT HISTORICAL SOCIETY

Original Case File Cover, “Emeline, a free woman of color v. Jesse P. Bolls: Suit forFreedom.” Photo provided by Francisco Heredia, Historical Documents RecordCenter, and Harris County District Clerk Chris Daniel.styled “Emeline, a Free Womanof Color v. Jesse P. Bolls.” 27The suit was filed on May 24,1847–just one year after Grayhad opened his own law office.Gray and his associate, AbnerCooke Jr., represented Emeline.In the petition, Gray alleged thatEmeline was a free woman ofcolor and a citizen of Tennessee,wrongfully enslaved afterDefendant Bolls had purchasedher at auction.It is believed that Grayrepresented Emeline on a probono basis. Gray sought atemporary restraining orderto prevent Bolls from sellingEmeline or her children, or fromremoving them from Harris County during the pendency of the lawsuit. 28 The application for injunctive relief,required to be based on personal knowledge, contained Emeline’s mark in lieu of a signature. Emeline’s markindicates that she, like most African-Americans and women of her day, was probably illiterate. 29 A copy of thetemporary restraining order appears on the next page.The case was assigned to Judge C. W. Buckley of the Seventh District Court (the court’s district numberchanged twice thereafter, first in 1861 to the First District Court, and then in 1884 to the Eleventh DistrictCourt). 30 The outcome of the case was never certain. There was little precedent to enable Gray to predict howJudge Buckley, who had only resided in Texas for nine years, would handle the case. 31 Judge Buckley was aslave-owner, too, for the 1850 census reflects that he owned at least two slaves. 32Nevertheless, Peter Gray successfully persuaded Judge Buckley to grant an ex parte temporaryrestraining order enjoining Bolls from selling Emeline during the pendency of the case in an “in chambers”hearing. Gray is believed to have posted the $200 bond to secure the temporary restraining order with his ownfunds. 33 According to the 1850 census, Gray’s net worth at the time was $5,000, reflecting that he risked apersonally significant sum in posting bond for his client. 3427Judge Mark Davidson, “Emeline’s Story,” The Houston Lawyer, January/February 2005, http://www.thehoustonlawyer.com/aa_jan05/page28.htm, accessed July 16, 2015 , n.7.28Ibid.29Ibid.30Ibid.31District Court Minutes (11 th District), Vol. O (1870-1872), 1-2; 11.32See Davidson, “Emeline’s Story,” Houston Lawyer.33Ibid.34Ibid.30