TEXAS SUPREME COURT HISTORICAL SOCIETY

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“Lady and Gentlemenof the Jury” charge inR.E. Hayes v. Texas &New Orleans R.R. Co.Photo courtesy ofFrancisco Heredia,Harris CountyAssistant DistrictClerk for HistoricalRecords.89
1919 and moved to Houston as a single woman with no contacts and no friends here. A year later, she wrote thefamily and said that ‘Houston is the place to be.’ Her parents and five siblings all moved here shortly thereafter.”The lawyers on the case were Shirley Helm, then with the law firm of Helm & Jones, for the plaintiff, andJohn F. Heard, with the law firm then known as Baker, Botts, Andrews & Shepherd, for the defendant. For reasonsnow unknown, neither side chose to strike Mrs. Summers, and thus she became the first woman on a jury in Texashistory. Her fellow jurors even selected her as their foreperson.A newspaper article commemorating the historic event had interesting commentary from her fellow jurors: “Itwas decidedly different having a woman in there,” said R.M. Templeton. “We couldn’t do any cussin.’” “I don’t arguewith women,” added Charlie Burton. “It was mighty nice,” said Vernon Bosley, “but my wife doesn’t like the idea.” 2Miss Summers commented, “I enjoyed the case. Women won’t have any trouble on juries unless theycause it.” 3 James Summers indicated that Miss Summers was very proud of being the first woman juror in Texas,although at the time she just thought she was doing her civic duty.The jury rendered a verdict in favor of the plaintiff in this personal injury case involving an employee ofthe railroad defendant. The case was appealed to the Court of Appeals for the Third District (Austin), where thejudgment was affirmed on November 30, 1955. 4 The Texas Supreme Court affirmed it on July 11, 1954, 5 less thantwo years from the date of the verdict.The court’s case file was recently discovered and restored as part of the Historic Document Preservation projectstarted by then-District Clerk Charles Bacarrisse and continued by his successor, Theresa Chang. It is available forviewing, along with hundreds of other historic Harris County court records, in the Harris County Historical Documentsreading room in the Civil Courthouse located in downtown Houston. Thousands of other records await funding to berestored. For more information about sponsoring the preservation of historic court records, please contact:Mr. Francisco HerediaHarris County Assistant District Clerk for Historical RecordsHistorical Documents Records Centerc/o Chris Daniel, District Clerk, Harris County, Texas201 Caroline, Ste. 200Houston, Texas 77002(713) 755-1034Francisco.Heredia@hcdistrictclerk.com2Houston Press, December 1, 19543Id.4Tex. & New Orleans R.R. Co. v. Hayes, 284 S.W.2d 776 (Tex. Civ. App.—Austin 1955), aff’d 156 Tex. 148 (1956).5Tex. & New Orleans R.R. Co. v. Hayes, 156 Tex. 148 (1956).SARAH A. DUCKERS is a partner with Sechrist Duckers LLP in Houston. Her practice focuseson general civil litigation, with particular emphasis on federal income tax litigation, stateproperty tax litigation, probate litigation, tort litigation, and mediations.Return to Journal Index90
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Journal of theTEXAS SUPREME COURT H
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News & AnnouncementsU.S. Senator Jo
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• FellowsMuch of the Society’s
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I can’t conclude my remarks witho
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students. An NPR story critical of
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FELLOWS OF THE SOCIETYHEMPHILL FELL
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ABOVE: Former Justice Dale Wainwrig
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ABOVE: Kerry Cammack, former Justic
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Patty Hagans, Lauren Harris, Chief
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And while the warriors are absent o
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Reflections on the Texas Equal Righ
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No Pawn in a Game of Thrones:Queen
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In the life she lived, the examples
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marriages, would be governed by the
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law firm partnership with his fathe
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Peter Gray’s personal copy of The
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Original Case File Cover, “Emelin
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Bolls’s attorney sent questions t
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Oran Roberts honoring his life. Add
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Although no known photograph or des
Page 41 and 42: sources, including interviews with
Page 43 and 44: Below: Plat of San Felipe de Austin
Page 45 and 46: Sam Houston had meanwhile become th
Page 47 and 48: feared that the government might ne
Page 49 and 50: Contemporary chronicles of what hap
Page 51 and 52: Captain Lewis reported later that t
Page 53 and 54: No delicate flower prone to wilt un
Page 55 and 56: would be well-educated by sendingth
Page 57 and 58: Hortense S. Ward’s face on the Ha
Page 59 and 60: and motivation. 22 The Legislature
Page 61 and 62: As Chief Justice Pope observed, Hor
Page 63 and 64: Hortense remained active in the Hou
Page 65 and 66: They Would Not Be Denied:The Texas
Page 67 and 68: the law and society, unmarried wome
Page 69 and 70: Letter, C.B. Randell toErminia T. F
Page 71 and 72: those regarding women’s suffrage,
Page 73 and 74: arena. Jane Y. McCallum, a successf
Page 75 and 76: tsl-50022.html#series5) and the Tex
Page 77 and 78: like her contemporary, Sandra Day O
Page 79 and 80: in which she held Judge Hughes, my
Page 81 and 82: state’s highest court, Governor P
Page 83 and 84: women could cast ballots in this el
Page 85 and 86: opponents in the race. Her slogan w
Page 87 and 88: qualifications. In 2002 at the requ
Page 89 and 90: Those who did practice law experien
Page 91: Docket sheet in R.E. Hayes v. Texas
Page 95 and 96: In 1950, most law firms would not h
Page 97 and 98: argued, “MUW’s policy of exclud
Page 99 and 100: Preserving the Oral History of Stat
Page 101 and 102: Linda Hunsaker (left),great grandda
Page 103 and 104: Participants in the 2015 Women’s
Page 105 and 106: training programs for law firm asso
Page 107 and 108: Property Act, Francisco sent the pr
Page 109 and 110: U.S. Senator John Cornyn Will Keyno
Page 111 and 112: Society Hosts Second Biennial Sympo
Page 113 and 114: SCOTX Justices Eva Guzman and Debra
Page 115 and 116: The Society’s Program “Magna Ca
Page 117 and 118: Society Debuts YouTube Channel,Post
Page 119 and 120: Texas Legislature Funds the Texas D
Page 121 and 122: In addition, the Texas Supreme Cour
Page 123 and 124: 2015 BA BreakfastBy Dylan O. Drummo
Page 125 and 126: twenty-eighth state to join the Uni
Page 127 and 128: Sat., Nov. 7Sat., Nov. 14Sat./Sun.,
Page 129 and 130: TEXAS SUPREME COURTHISTORICAL SOCIE
Page 131 and 132: New MembersThe Society has added fo
Page 133: Membership ApplicationName:The Texa
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TEXAS SUPREME COURT HISTORICAL SOCIETY

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