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Hortense Sparks Malsch Ward
 
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Hortense Sparks Malsch Ward

Hortense Ward was born in 1872 in Matagorda County and was the eldest child of Frederick and M. Louise (Labauve) Sparks. As a child, Hortense attended the Catholic Academy of Nazareth in Victoria and later taught school for a time in Edna. While in Edna she married Albert Malsch; the couple had three daughters, but the marriage ended in divorce in 1906. In 1909, Hortense married William Henry Ward in Houston. in 1910, Hortense Ward passed the Texas State Bar Examination and became one of the first female attorneys in Texas. She joined with her husband to form the law firm of Ward & Ward, becoming the first female attorney to practice in Houston. Hortense led the campaign for passage of the 1913 “Married Woman’s Property Law” in the Texas Legislature. The law defined separate and community properties of a husband and wife and removed disabilities of a married woman to control her separate property. Ward achieved many firsts during her career, including being the first Texas female attorney admitted to practice before the U.S. Supreme Court in 1915 and the first woman to register to vote in Harris County in 1918. In 1925, Gov. Pat Neff appointed Ward as Special Chief Justice of a special all-woman Texas Supreme Court to hear a case involving the Woodmen of the World, because qualified male attorneys without ties to the organization could not be found. It would be 57 years before another female served on the court. Ward retired from practicing law upon the 1939 death of her husband. She remained active in various ladies clubs and community organizations until her death in 1944.

Read Historical Marker Narrative

Photo used by permission of the Texas State Library & Archives Commission



 


FIRST

Woman to pass the Bar Exam in Texas
Woman attorney in Houston, Texas
Woman from Texas admitted to practice before the U. S. Supreme Court
Woman to register to vote in Harris County, Texas
Woman to be appointed as the secretary of the Texas Industrial Accident Board
Woman appointed by the City of Houston to fill the position of Judge
 


Hortense Sparks Malsch Ward
July 21, 1872 Matagorda County, Texas - December 5, 1944 Houston, Harris County, Texas
Buried Hollywood Cemetery, Houston, Harris County, Texas

Parents
Frederick Sparks July 4, 1839 - December 10, 1904 - buried Memory Gardens of Edna, Edna, Jackson County, Texas
Marie Louisa LaBauve Sparks June 10, 1854 - October 14, 1932 - buried Memory Gardens of Edna, Edna, Jackson County, Texas

Siblings
Julia Sparks Kleas November 5, 1874 - May 3, 1971 - married Milam R. Kleas (1872 - 1961) - buried Greenlawn Cemetery, Groves, Jefferson County, Texas
George L. Sparks December 12, 1875 - June 10, 1957 - buried Tucumcari Memorial Park, Tucumcari, Quay County, New Mexico
Nellie Eugenia Sparks January 1878 [1900 census] - died August 29, 1932 - buried Hollywood Cemetery, Houston, Harris County, Texas
Tenya M. Sparks Edgar Schoenert July 26, 1880 - August 4, 1962 - married Bernhardt Anton Schoenert - buried San Jose Burial Park, San Antonio, Bexar County, Texas
Theresa Sparks April 9, 1883 - October 28, 1966 buried Hollywood Cemetery, Houston, Harris County, Texas
Eleanor Sparks Udell March 9, 1883 - October 1, 1976 - married Charles Baxter Udell - buried Lovett Cemetery, Houston, Harris County, Texas
Frederick R. Sparks Jr. July 17, 1888 - December 14, 1925 - married Minnie Grasshoff Sparks (1894 - 1984) - buried Mission Burial Park South, San Antonio, Bexar County, Texas
Earl Sparks 1893 - February 18, 1912 - buried Hollywood Cemetery, Houston, Harris County, Texas
Bryan Sparks April 6, 1897 - August 18, 1956 - buried Forest Park Cemetery, Houston, Harris County, Texas
Unknown infant

Married Albert Malsch (1864 - 1915) on January 5, 1891 in Jackson County, Texas.
Children
Marie Louise "Patti" Malsh Buvens (1892 - 1943) married Percy Lawrence Buvens (1888-1953)  - buried Forest Park Cemetery, Houston, Harris County, Texas
Marguerite Malsch Crooker (1894 - 1984) married John Henry Crooker (1884 - 1975) - buried Forest Park Cemetery, Houston, Harris County, Texas
Hortense Malsch Ward Hinkley (1900 - 1930) - buried Forest Park Cemetery, Houston, Harris County, Texas

Married 2nd: William Henry Ward (1879 - 1939) on August 12, 1909 in Houston, Harris County, Texas - buried Hollywood Cemetery, Houston, Harris County, Texas
 


Frederick Sparks and wife, Louisa LaBauve Sparks were living in the Wilson Creek-Ashby Community, Matagorda County, at the time of the 1870 Census.

 


In 1880, the Sparks family was still living in Matagorda County. Children Hortense, Julia, George and Nellie were born in Matagorda County.

 


The family of Fred & Louisa Sparks was living on Ash Street in Edna, Jackson County, Texas.

 


Special Woman's Supreme Court of Texas

The first woman's Appellate Court of Texas: Reading from left to right, composed of Special Associate Justice, Miss Hattie L. Heneberg of Dallas,
Special Chief Justice Mrs. Hortense Ward of Houston and Special Associate Justice Miss Ruth Brazzil of Galveston, sat on the bench Thursday at Austin
in the case of Johnson vs. Darr, from El Paso. Application for writ of error was granted and the case set for submission on argument Jan. 30.

Pictures on the wall in the rear of the court are oil paintings of the First Supreme Court of Texas, Justices Wheeler, Hemphill and Lipscomb.

Carved on the bench and touched with gold is the old Latin maxim, "Sicut Patribus, sit Deus Nobis,"
which, translated, is “As God was to our fathers, so may He be unto us."

Dallas Morning News, January 10, 1925

Image number 1975/70-5363, Courtesy of Texas State Library and Archives Commission

Another Woman On High Court Bench
Miss Ruth Brazzil Names To Take Place Of Miss Robertson

Austin Bureau, The Dallas  News.

Austin, Texas, Jan. 7.--Miss Ruth Brazzil of Galveston Wednesday was appointed special Associate Justice of the Supreme Court of Texas by Gov. Neff to take the place of Miss Nellie Robertson of Granbury, Hood County, disqualified. Miss Robertson, who had accepted the appointment, has notified the Governor she finds she is disqualified because she can not meet the constitutional requirements of having practiced law seven years in Texas or held the office of District Judge. She has practiced law six years and nine months.

Mrs. Edith Wilmans of Dallas also resigned a few days ago as a member of the special court for the same reason.

The special court as it now stands, which will meet in Austin Thursday to consider the case of Johnson vs. Darr, is composed of Mrs. Hortense Ward of Houston, special Chief Justice; Miss Hattie Henenberg of Dallas and Miss Brazzil, special Associate Justices.

Dallas Morning News, January 8, 1925
 


Texas' First Woman Lawyer Dies Tuesday

HOUSTON, Dec. 5.--Mrs. Hortense Ward, Texas' first woman lawyer and widow of Harris County Judge W. H. Ward, died in a Houston hospital today after an illness of two weeks. She was 72.

Daughter of the late Marie Louise and Fred Sparks, Mrs. Ward was born in Matagorda County and reared in Edna. She was admitted to the state bar a year before her marriage to Judge Ward in 1909.

She retired from active practice after his death in March, 1939.

Among her survivors are Mrs. Milam Kleas, a sister, of Port Arthur and George L. Sparks, a brother, of Tucumcari, N. M.

Lubbock Morning Avalanche, December 6, 1944
 


Judge W. H. Ward's Funeral Rites Slated Friday
Former County Head Had Served on Two Occasions; Died in Memorial Hospital

Former County Judge W. H. Ward, 60, who served four years, from December 1912, and who staged a political comeback to occupy the same position again from 1933 to 1936, inclusive, died at 6:10 p. m. Wednesday at Memorial Hospital.

Funeral services will be at 10 a. m. Friday from the drawing room of Geo. H. Lewis & Co., with Rev. Harry G. Knowles officiating. Temple Masonic Lodge will officiate at the burial in Hollywood Cemetery.

William Henry Ward, native of Houston County, came into the political limelight in Harris County in 1912, when, as an attorney of 33, he made a successful whirlwind campaign against a field of opponents. He was destined to face a similar type of campaign nearly a quarter of a century later by the youthful Roy Hofheinz, who assumed the county judgeship January 1, 1937.

Two of Judge Ward's bitterest opponents of former years became his warm friends in later years. They were County Auditor H. L. Washburn and former County Judge Chester H. Bryan.

Big issues of Judge Ward's first tenure of office as county judge were sudden redistricting of county precincts and a proposed change in the fiscal system of the county government. County Auditor Washburn was making a fight to put his own ideas of county financing into effect. Political enmity between Washburn and Ward reached fever heat. Bryan came into the picture and on these issues defeated Judge Ward. They, too, became political enemies.

U. of T. Graduate

Son of a Georgian who became a merchant in Houston County, Judge Ward came to Houston as a boy and attended he public schools. At the University of Texas he received his law degree in 1902. He practiced law in Houston. In 1909 he married to Mrs. Hortense Malsch, one of the then few women attorneys of Texas. A year later the Wards were admitted to practice before the United States Supreme Court. Mrs. Ward was the first Southern Woman to be accorded this privilege, it was stated at the time.

For a brief time Judge Ward served as county judge. Elected county judge, he took office December 1, 1912. He served until December 1, 1916, when he gave way to Judge Bryan.

In the years following Judge Ward practiced law under the firm name of Ward & Ward. His partner was his wife.

Pushed Road Work

In both his first and his second administrations, much county road work was done. He interested himself in the $1,000,000 road program of the first administration and gave his best efforts to helping direct a $4,000,000 program in his second administration.

Judge Ward's side interests were his lodge and national guard affiliations. At one time he served as secretary of the Scottish Rite bodies and was a member of Temple Blue Lodge and of Arabia Temple. He also was a member of the Elks Lodge and of the Modern Woodmen of America, Texas Camp No. 11932. He was a captain of the Texas National Guard.

Survivors include the wife, Mrs. Hortense Ward; his mother, Mrs. S. B. Ward; a sister, Mrs. Gertrude Ward, both of Los Angeles; two stepdaughters, Mrs. John H. Crooker and Mrs. P. L. Buvens.

Pallbearers will be P. L. Buvens, P. H. Buvens, John H. Crooker, Cyril Edgar, Stanton Hinkley and Bryan Sparks.

Houston Chronicle, March 30, 1939, pages 1 & 2
 


Frank Sparks

The death of Frank Sparks occurred yesterday morning at his home in Houston Heights, Courtland street. The remains were prepared by Sid Westheimer for shipment to Edna, Texas, where funeral services will be held this afternoon.

Deceased, with his family, consisting of a wife and ten children, moved to Houston from Edna some months ago. He was 63 years of age.

Houston Post, December 11, 1904

Frederick “Fred” Sparks

Fred Sparks was born July 4, 1839 and died December 10, 1904 and was buried at Memory Gardens in Edna, Jackson County, Texas.

Fred married Marie Louise LaBauve on December 30, 1869 in Jackson County, Texas. She was born June 10, 1854 in Louisiana and died October 14, 1932 with burial at Hollywood Cemetery in Houston. Fred and Louisa were living in the Ashby community of Matagorda County in 1870 and their first child, Hortense, was born on July 20, 1872.

Hortense would later become the first woman to pass the Texas State Bar Exam. She was the first Texas woman admitted to practice before the U. S. Supreme Court in 1915. In 1924, she was appointed as a special chief justice, heading the first all-woman high court in the United States. for more information on Hortense, see Justices of Texas 1836 - 1986

Fred was Worshipful Master of Trespalacios Masonic Lodge No 411 A. F. & A. M. in 1877. The family continued to live in Matagorda County until 1883 when they moved to Edna, Jackson County, Texas.

His children were: Hortense, Julia, George L., Nellie E., Tenya M., Eleanor, Theresa, Ella, Fred R., Earle and Bryan Sparks.

Mr. Sparks was a 1st Sergeant in Company L, 8th Cavalry Regiment known as Terry's Texas Rangers.

Gathered from various sources
 


Marie Louise LaBauve Sparks
June 10, 1854 - October 14, 1932
Buried Hollywood Cemetery, Houston, Harris County, Texas

Funeral to be Held Today For Mrs. L. M. Sparks

Funeral services for Mrs. Louise M. Sparks, 78, who died at her home, 617 Fargo, at 10:30 a. m. Friday, will be held at the family residence at 4 p. m. today, with Father Thomas F. O'Sullivan officiating. Burial will be in Hollywood Cemetery under the direction of Settegastk-Kopf.

The death of Mrs. Sparks came within two months of that of her daughter, Miss Nellie Sparks, who died August 29. Mrs. Sparks was ill at the time of her daughter's death.

Mrs. Sparks, who had lived in Houston for the past 29 years, is survived by four daughters, Mrs. W. H. Ward, Miss Terese Sparks and Mrs. C. P. Udell, all of Houston, and Mrs. M. R. Kleas of Port Arthur; two sons, Bryan Sparks of Houston and George L. Sparks of Tucumcari, N. M.; eight grandchildren and 11 great-grandchildren.

Active pallbearers will be M. r. Kleas, Judge W. H. Ward, John H. Crooker, P. L. Buvens, C. J. Edgar and C. J. Udell

Houston Chronicle, October 15, 1932

LaBauve Family

at right, 617 Fargo in 2018


 


Funeral Held For Miss Nellie Sparks

Funeral services for Miss Nellie E. Sparks, who died at the home of her sister, Mrs. W. H. Ward, 310 Pacific, Monday morning, were held at 10 a. m. Tuesday in the drawing room of the Settegast-Kopt Company, 2017 Milam, with Father M. J. Daly officiating.

Burial was in Hollywood Cemetery.

Miss Sparks is survived by her mother, Mrs. L. M. Sparks of Houston; four sisters, Mrs. W. H. Ward, Miss Teresa Sparks and Mrs. C. D. Udell, all of Houston, and Mrs. J. R. Kleas of Port Arthur; two brothers, Bryan Sparks of Houston and George L. Sparks of Tucumcari, N. M.

Pallbearers were M. R. Kleas, Judge W. H. Ward, John H. Crooker, P. L. Buvens, C. J. Edgar and C. B. Udell.

Houston Chronicle, August 30, 1932                        
 


Fred Sparks

News came from San Antonio Tuesday of th death of Mr. Fred Sparks at the Baylor Hospital. Mrs. Sparks will be remembered as miss Minnie Grasshoff a former Shiner girl, who has many friends here. Several autos of relatives had planned to motor up for the funeral but the forbidding weather of Wedneseday morning prevented.

Shiner Gazette, December 17, 1925

Former Resident of Edna is Dead

Mr. and Mrs. G. M. Killingsworth of Ganado, passed through Edna Monday en route to San Antonio, where they were called by the death of Fred Sparks, who died Sunday night following an operation for appendicitis.

Fred was born in Edna, where the Sparks family resided for many years. He was next to the youngest child of a large family of children. He was not grown when the family moved from Edna to Houston over 25 years ago.

To the bereaved ones the Herald extends heartfelt sympathy.

Victoria Advocate, December 23, 1925
 


 

Copyright 2018- Present by Carol Sue Gibbs
All rights reserved

Created
Aug. 1, 2018
Updated
Aug. 3, 2018
   

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