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TEXAS SUPREME COURT HISTORICAL SOCIETY

TSCHS Journal Summer 2015

TSCHS Journal Summer 2015

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Judge Buckley’s Temporary Restraining Order inPeter Gray’s “Suit for Freedom” in the Emeline case.Photo provided by Francisco Heredia.Peter Gray’s interrogatories to be usedin Davidson County, Tennessee.Photo provided by Francisco Heredia.Judge Buckley continued the trial of the case three times. After Peter Gray unsuccessfully opposed thelast continuance, he took advantage of rules he had coauthored in the Practice Act to serve interrogatories towitnesses in Tennessee and Louisiana. At the time, the interrogatories of third party witnesses were similar totoday’s deposition on written questions.Peter Gray had to hand-write, using a quill pen, at least two copies of each question he was asking. Hefiled the original with the Clerk of the Court, and served a copy on opposing counsel. Cross-questions wereallowed to be propounded of the witnesses by the other side. The Court Clerk then wrote out at least two copiesof the questions and sent them along with a commission to the judge in the area of the witnesses’ location,who would summon the witnesses and ask the questions. Gray served interrogatories to witnesses in DavidsonCounty, Tennessee; in Rapides Parrish, Louisiana; and in New Orleans, Louisiana. 3535Ibid.Jesse Bolls’s attorneys also served written interrogatories. Bolls was represented by Portis & Waller. 3636Bolls later hired the firm of Tankersley & Harrison, which represented Bolls during the trial. See Davidson, “Emeline’s Story,” Houston Lawyer.31

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