Family Remembrances and the Legacy ofChief Justice Hortense Sparks WardBy Linda C. HunsakerIT HAS BEEN SAID THAT WE DESERVEneither credit nor blame for our ancestors. Withthat thought in mind, I have been asked to submitpersonal family recollections to this esteemedJournal about my father’s maternal grandmother,Hortense Sparks Ward (1872–1944), a trailblazingTexas woman who served as the first femaleChief Justice of the Supreme Court of Texas. Herstory is an inspiring one for our family, as well asfor the state she served. In a multi-generationalfamily with many grandparent names, I referto her as Hortense, and my late father and hisyounger brother called her “Grandma Ward” withgreat affection.The Early Life of a Courageous WomanWhen I was in my mid-twenties, I received atelephone call from future Governor Ann Richards,something I never anticipated. She said that the TexasFoundation for Women’s Resources was preparingHortense Sparks Ward.Photo from the Texas Supreme Court Archives.an exhibition documenting the outstanding achievements of women in Texas history, including my father’sgrandmother, Chief Justice Hortense Ward of the Texas Supreme Court. My father assured her that I would help.I agreed. As I learned more, I became fascinated by a story I had never known.The oldest of fourteen children, Hortense Sparks was born on July 21, 1872 in Matagorda County, Texas. 1She was fortunate to have a self-reliant and spirited mother, as well as a father who insisted on providing each of hischildren with a superior education. Despite his anti-Catholic leanings, her father ensured that his eleven daughters1See Jack Pope, Chief Justice Hortense Sparks Ward, Chair Presentation Ceremony, Friends of the State Law Library (Nov.16, 2000) (hereinafter, Pope, Chief Justice Ward), 1; David A. Furlow, Taking the Law into Their Own Hands: Hortense SparksWard, Alice S. Tiernan, and the Struggle for Women’s Rights in the 1910 Harris County Courthouse, Hou. B. Ass’n App. Law(Sept. 2013), http://www.hbaappellatelawyer.org/2013/09/taking-law-into-their-own-hands.html; see also Janelle D. Scott, Ward,Hortense Sparks, Handbook of Texas Online (http://www.tshaonline.org/handbook/online/articles/fwa83) (accessed June 14, 2015)(correcting statements that Hortense was born in 1875 when her obituary referred to her birth date as 1872 and when the year of herhigh school graduation accorded with an 1872 birth); Janelle D. Scott, Hortense Ward: A Biographical Sketch for The Handbookof Texas History, Tex. St. Hist. Ass’n (1990), n. 1 (same, birth in 1872, as well as later life accomplishments); Janelle Scott, “TheyMade a Difference,” TAM Newsletter (Fall 1980), 8-9.51
would be well-educated by sendingthem to the Academy of Nazareth, alocal convent boarding school and thebest educational facility in Victoria. 2My late father, John H.Crooker, Jr., reminisced that hismaternal Grandma Ward, Hortense,had an unusually keen mind for awoman of her day. 3 In a recent oralhistory about his Grandma Ward,my uncle, Fr. Robert Crooker, notedthat he had never seen a womanwith her spirit. Tough, extremelygenerous toward others and theiraccomplishments, she gave her all toeverything she did. 4 I surmise that shedid not believe in half measures.A Unique Womanin Her DayAt first, Hortense followeda traditional path for women of herera, marrying and teaching school.Her home life then forced significantLetter from Chief Justice Joe Greenhill to Linda Hunsaker, April 4, 1986.change. 5 On May 11, 1906, Hortensedivorced Albert Malsch in a Harris County court. It was a bold move in the early twentieth century. As herdivorce petition explained, her husband, Albert, was “lazy and of no account, and …works only about half ofthe time ….” 6A well-educated woman, she had taken steps even before her divorce to advance in her own career so shecould better take care of herself and her children. In 1903, she and her family had moved from Edna—a smalltown near Victoria where opportunities were limited—to Houston, taking her three daughters to what was alreadya vibrant city. She learned stenography so she could increase her earnings by working as a court reporter. 7While Hortense was a court reporter, she grew avidly interested in the practice of law. In a time-honoredtradition since the Founding Fathers, she devoted herself to “reading the law,” that is, devoting her nonworking2School officials renamed it Nazareth Academy in 1921. See Lynna Kay Shuffield, The Hon. Hortense Sparks Malsch Ward (1872-1944), Hist’l Narrative for Tex. Hist. Subject Marker Applic’n (Harris Cty. Hist. Comm., Aug. 2009), 1.3See Barbara Karkabi, “Judge O’Connor’s nomination reminds us: Once Texas had an all-woman Supreme Court!,” Houston Chronicle,Sec. 4, 6 (July 13, 1981) (hereinafter, Karkabi, “O’Connor’s nomination,” Houston Chronicle).4See Transcribed interview with Fr. Robert Crooker for the National Cowgirl Museum and Hall of Fame (hereinafter, “NCMHOF”),interview conducted by Jennifer Ross-Nazzal (Aug. 29, 2011).5See Shuffield, Hon. Hortense Sparks Malsch Ward, Hist’l Narrative, at 1.6See Malsch v. Malsch, No. 39906 (61st Dist. Ct., Harris Cnty., Tex.)7See Betty T. Chapman, Houston Women: Invisible Threads in the Tapestry (Virginia Beach, Va.: Donning Co. Pubs., 2000), 93-94.52
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Texas Legislature Funds the Texas D
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