Judges Who Made History Peter W. Gray: Founder of the HBA –By Bill Kroger
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bout 20 years ago, I discovered in the Baker Botts’ archives many of the original ledgers, law books, case files, and other documents pertaining to the life of Peter W. Gray, the founder of the law firm that became Baker Botts. Gray was one of the leading lawyers of early Texas, and he played an important role in the development of the City of Houston. Gray was born in Fredericksburg, Virginia in 1819, and moved to Houston with his family in 1838. As a young man, he served as an officer in the Army of the Republic of Texas before joining his father’s legal practice. When his father died from illness just two years later, Gray found himself district attorney of Harris County, having been appointed by benefactor Sam Houston. Over time, Gray established a robust and varied legal practice. One of his early clients was Emeline, a free Black woman who was illegally held and sold in the slavery markets in Houston. Gray, although not an abolitionist, represented her and won injunctive relief against her white slaveowner, securing Emeline’s freedom. This case has been called the “first pro bono case” in Houston. Another Gray client was William Marsh Rice, an early merchant and money lender in the fragile Houston economy. In 1846, Gray was elected to the First Legislature for the new State of Texas, and was the primary author of the Practice Act, the first rules of civil procedure for the State of Texas. His copy of this Act was one of the documents that I found in the firm archives. During the 1850s, Gray served as a state senator in the Fourth Legislature, and as Judge of the Houston District Court. Chief Jus-
tice Oran Roberts called Gray “the very best district judge upon the Texas Bench.” Gray was also active in the Houston community. He and his parents were charter members of Christ Church, one of the first protestant churches in Texas. He also owned Gray’s Opera House, which was located on Court House Square and was one of the first music halls in Houston. Additionally, he co-founded the Houston Lyceum, which became the Houston Public Library. Gray supported succession, and served in various government positions for the Confederacy during the Civil War. His legal career collapsed. After the war, he and his cousin, Walter Browne Botts, founded a new firm, Gray & Botts. Gray worked to help restore the city, representing the first Houston national banks, canal companies, and railroads. In 1870, Gray became the first president of the Houston Bar Association. In 1874, he left his law firm after being appointed to the Texas Supreme Court, but he died shortly afterwards from tuberculosis at the age of 54. Gray’s legacy is large. He established that Houston lawyers must be active in the community, which remains a hallmark of Baker Botts today. In 1901, the firm represented the Estate of William Marsh Rice in creating what today is Rice University, which remains a client today, and later represented Rice University when it was successfully desegregated. And Gray’s firm remains a pro bono leader in the City of Houston through its work with the Houston Bar Association, which he also founded. For this writer, Gray’s career represents the important, varied civic contributions that can be made by lawyers. His picture hangs in my office, where he greets me each morning when I come to work. Bill Kroger is the president of the Houston Bar Association. He is a partner and energy litigation group chair at Baker Botts L.L.P.
Hon. Weldon Berry: A Champion for Civil Rights –By Gregory Ulmer
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he recent protests and civil unrest surrounding racial injustice serve as a reminder of the continued struggle for equality. Those who continue the fight walk in the footsteps of the civil rights pioneers who came before them. Weldon Berry was among those civil rights leaders who had a significant impact on the Hous-
ton legal community and the community at large. As a young boy growing up in McKinney, Texas, Weldon Berry knew he wanted to be a lawyer. However, because of Jim Crow laws that denied Blacks basic human rights and the poverty in which he lived, Berry never thought becoming a lawyer was an attainable goal. Despite his pessimism, Berry leaned on his faith and with much hard work and determination, became an attorney, judge, and civil rights leader fighting the very segregation, discrimination, and racial injustice that he believed as a young boy would resign him to working in a shoe shine shop with his stepfather. thehoustonlawyer.com
November/December 2020
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