TEXAS SUPREME COURT HISTORICAL SOCIETY

The court files contain a proposed charge in Gray’s handwriting that is substantially the same as thatsubmitted by Judge Buckley to the jury. The docket sheet reflects that the defendant objected to the charge. Thewritten verdict of the jury, through its foreman, Andrew Briscoe, stated, “We, the Jury, find that the plaintiff andher children are and are to remain free, and we find damages in the amount of $1.00.” 39Little is known about Emeline following the trial. It is believed that she took the last name of Thompsonand moved from Houston. She is not listed in the 1850 Harris County census. 40Given the vigor with which Bolls defended the lawsuit, it is clear that Emeline would have had littlechance of prevailing without the assistance of counsel. Procedurally, even if she could have afforded it, there is noway she could have compelled the attendance of witnesses from other states. Being illiterate, there is no doubt thatshe would have been unable to propound discovery and secure the testimony which was necessary to persuade ajury that she was free.Emeline’s ability to retain her freedom was obviously of great consequence to her and to her children.Without Peter Gray and his pro bono representation, she would most likely have remained an enslaved servantuntil 1865. The magnitude of living those seventeen years as a free woman rather than as a slave demonstrateshow one person can make a meaningful difference in the lives of others.This year, the Houston Bar Association, in collaboration with Baker Botts and its celebration of its 175thyear anniversary, and in partnership with the Houston Grand Opera and Communities in Schools, will worktogether to tell the story of Emeline and Peter Gray through Baker Botts’s commission of an opera. In May 2016,we will feature the initial performance of the opera at the Harris County 1910 Courthouse as part of a serviceraiser for the Houston Volunteer Lawyers. We will also have the opera performed in Houston-area high schoolsto introduce students to the story of Emeline and the role of Peter Gray and his pro bono service. In all, there willbe ten performances of the opera.Through the story about Peter Gray’s role in securing justice for Emeline, we hope to continue to motivateour lawyers to engage in pro bono activities on behalf of those who cannot afford access to justice. At the sametime, we will be teaching Houston high school students a compelling story from the history of their own city, andan important lesson about the rule of law in a free society.Much later in his career, at the age of fifty-three, Gray contracted pulmonary tuberculosis. His conditionwas so severe that he traveled to Europe for his health and returned to Houston in 1874. 41 That same year, upon theresignation of William P. Ballinger from the Texas Supreme Court, Governor Richard Coke appointed Gray as anassociate justice of the Court. 42 As a result of his poor health, however, he had to resign within two months. PeterGray died on October 3, 1874, at the age of fifty-four. 43 Three weeks after his death, the Harris County DistrictCourt paid tribute to him and his service to the bar. 44After his passing, proceedings recorded in Volume 40 of the Texas Reports noted that the Texas SupremeCourt received resolutions from members of the bar and heard remarks of Justice T. J. Jennings and Chief Justice39Ibid.40Ibid.41See Kelly, “Peter Gray,” Houston Lawyer, 34.42See Cutrer, “Peter Gray,” Handbook of Texas Online.43Ibid.44District Court Minutes (11 th District, Vol. Q at 1-2).33