TOMBSTONE TUESDAY: Louis John Foester (1828-1894)

Louis John Foester was born on July 23, 1828 in Germany. He was orphaned at just nine years old and at 13 he began to learn and master the saddlery trade.  

In 1847, Louis arrived by ship at Indianola and began work as a saddler. On May 6, 1858, he married Catherine Dierlam Bindewald, the widow of Lt. Rudolph Bindewald of Long Mott. Tragically, Catherine died in an accident in November 1861.

In April 1862, Louis married Catherine Hachenberg, who had immigrated with her family from Germany in 1848, when she was 7 years old and grew up in Long Mott. Over the next 9 years, the couple welcomed three daughters, Margaret, Elizabeth, and Josephine and then in 1871 a son, Louis John (known in adulthood as Louis John Sr.). 

By the late 1870’s Louis had left the saddlery trade and entered cattle ranching. He partnered for a ½ interest with John & Thomas Clark to buy 7,442 acres near the railroad line northwest of Lavaca, including some of the land adjacent to what was at that time called Lavaca Station. It is likely that the term Clark Station began to take hold during the early 1880’s because by 1886, the Clark brothers no longer had anything to do with the station site because the partnership had dissolved and Foester was awarded the 750 acres of land around the station. In February 1887, Louis Foester donated a new easement to the G.W.T. & P. Railroad to place new tracks to Port Lavaca. In May of that year, Mr. Foester also donated 3 acres of land to the railroad at Clark Station for cattle shipping pens. After many years without rail service into Port Lavaca, trains were once again running there by November 1887, thanks in part to Mr. Foester’s generosity.

In the fall of 1881, Louis and Catherine established a home on Chocolate Creek for their young family and Louis enjoyed life as a cattle rancher. His life, however, was tragically cut short on the morning of Tuesday, October 2, 1894 when he was shot and killed in a fence-line dispute – 131 years ago this Thursday. 

This is an account of what happened as it was reported in an Oct 6, 1894 article in the Victoria Daily Advocate: “Mr. Louis Foster, one of Calhoun County’s old and respected citizens was shot and killed near the H.C. Clark, or ‘Dallas’ Clark pasture last Tuesday morning by J. Sims, manager of the pasture. The particulars as learned are as follows: Mr. Foster claimed the right to remove a fence, but the right was denied by Sims and some ill feeling existing in consequence. Tuesday morning Mr. Foster sent Peter Barnes, Lawrence Price and another hand to remove the fence. Sims appeared on the scene and ordered the men not to touch it. Mr. Foster came up with a double barrel shot gun, but it is not believed with an intent to use it in a dispute. He told the hands to go to work, but they showed no indication to comply under the circumstances. Mr. Foster then laid his gun on the ground and took up the nippers and approached the fence saying “I’ll do it myself” or words to that effect. Sims told him that if he (Foster) were not such an old man he would make it unpleasant for him. Mr. Foster replied, “Oh you wouldn’t hurt a fly,” and pulled out a top staple. As he stopped to pull out the staple of the second wire, Sims road close to Mr. Foster, and leaning down from his horse, he placed his pistol close to Mr. Foster’s neck and fired, inflicting a fatal wound and power burn on Mr. Foster. Sims’ horse became unmanageable, threw him, and ran off. He then walked to Port Lavaca and surrendered. Sims was jailed. We have not heard what statement he makes of the deplorable deed.”

The article goes on to quote an article in the Port Lavacean newspaper: “A dispute was pending between the deceased and H.C. Clark about a piece of land, which each claimed. Mr. Foester was advised by attorneys to move a fence further out so as to include the property. His ranch hands had begun the work some days previous by digging holes for the posts, but were ordered away by Sims. Early Tuesday morning, Mr. Foester appeared on the ground in person with the ranch hands to commence the removal of the fence. He was in the act of pulling out staples with an instrument when Sims, who was present, deliberately pulled his six shooter and fired, the ball taking effect in the neck and passing out under the arm producing a mortal wound. The sufferer was taken home as soon as possible and Dr. Scott summoned by his son, Louis, who rushed into Port Lavaca. But medical aid was useless and he expired about one o’clock, a few hours after the shooting. After the shooting, Sims came in and surrendered and was placed in jail. No crime in years has excited so much comment and excitement over the county. It is on the lips of all. The dead man was liked by everyone and the assassination is strongly condemned. The funeral of the deceased took place on Wednesday and it was the largest gathering seen for many years in a similar occasion.”

Two days later on October 4, 1894, Jim Sims was formally charged with the murder of Louis Foester. He was remanded to jail without bail and taken to Victoria for “safe keeping.”  In December, the Galveston Daily News reported that the case was brought before the District court in Victoria on December 11, where “a large number of citizens from Calhoun County were there to attend the trial”, but the court granted the defense a continuance. According to another Galveston article from May 1895, the case came up again on the criminal docket of the District Court in May where a change of venue had been granted to try the case in Victoria. A May 8, 1897 article in the Victoria Daily Advocate announces “Sims Gets Four Years – He will appeal.” The appeal was tried in May of 1899.  The defense was led by prominent Dallas attorney J. L. Harris and State Senator A.B. Davidson came to Victoria to assist the District Attorney in the trial. Newspaper accounts indicate that H.C. Clark of Dallas attended both the 1897 and this 1899 trial. The trial lasted a week and included testimony from Louis Foester, John Clark, Dr. C.T. Scott, John Roemer, Charles Steinberg, Charles Brett and Jacob Garner. The jury was unable to reach a unanimous verdict with 10 voting to convict and 2 voting to acquit. The State tried the case again the following January and the trial was moved to Cuero. This trial resulted in a unanimous conviction after a two-hour deliberation and Jim Sims was sentenced to two years, which he agreed to serve. In their brief article about the verdict on January 20, 1900, the Victoria Advocate stated “This ends one of the longest and hardest fought criminal cases ever tried in this section.”

By the time of his death in 1894, Louis Foester’s estate held more than 6,800 acres, much of which still remains in the family today. Louis was buried in Hatch Cemetery and rests beside his wife Catherine who passed away in 1916. The following words, describing the man, are copied from his obituary: “There was no better man than L.J. Foester. He was hospitable and generous to a fault. He kept open house for the stranger and was always ready with a helping hand. Esteem for him was universal, and he is the last citizen that one would expect to meet a violent and underserved death”.

Resources

Shifting Sands of Calhoun County