By Keva Hoffmann Boardman —

Let me tell you the story of First Founder Joseph Wersdoerfer. He came to Texas with the Adelsverein on board the brig Ferdinand in 1844. He travelled from Hahn, Nassau, with his wife, Anna nee Schmidt and two children. Joseph received Town Lot #8 on West San Antonio Street just half a block between Castell and Hill Street. Joseph also got a ten-acre lot south of town in the Live Oak Street area. He added a neighboring lot to his holdings. Three sons were added to the little family in 1846, 1849 and 1851.

And then life changed for the family.

In June of 1851, Joseph Wersdoerfer was shot through the window of the Comal County Courthouse where he was being held for shooting Mrs. Wilhelm Klinger in the face with a shotgun. It was said that “citizens dragged him out of town on a cowhide.”

That’s quite descriptive … and telling.

I need to backtrack for you. I found a news article from the Colorado Tribune out of Matagorda, Texas, for July 7, 1851. I couldn’t find anything in the Neu-Braunfelser Zeitung because Ferdinand Lindheimer did not start publishing the newspaper until November 12, 1852. I will let you enjoy the lovely editorial nature of the Colorado Tribune’s story in its entirety.

A Man shot dead in the Court-House

New Braunfels, June 7, 1851

To the Editor of the Western Texian:

Dear Sir — An incident of rather a singularly serious character took place here on the evening of the 3rd. A German of the name Wersdoerfer, well known in this and the surrounding counties as an old offender, was shot dead while bound in irons, and in confinement in our Court house. As customary, this Wersdoerfer was conspicuous in the suits tried at our last District Court, and more particularly in a suit brought against him by the State for stealing horses on the Cibolo, the property of Mr. Perryman.

His guilt seems to have been clearly proved, but from reasons not easily to be defined, two of the jurors disapproved of awarding any punishment. The consequence was, that the old offender, depredator and thief, was allowed once more to prowl at large, to the infinite danger of the community and the indignation of every well-meaning citizen. The common brag of this notorious delinquent, at each offense, was that he had still plenty of gold pieces, (accumulated by his dishonest practices) wherewith to win over the exertions in his behalf of some pettifogging and pitiful lawyer, who would think low enough of himself to accept, thereby showing little respect to himself or the community in which he may reside.

As was to have been foreseen by every thinking mind, from the unpunished catalogue of crimes which this man has committed, his offences would not stop here. He made an attack for some trifling cause, upon an unprotected woman, in the absence of her husband, with a pistol loaded with cut-lead, and discharged the contents, which took effect in the head and upper part of the body. This done, he absconded. This took place on the 2nd, about a mile from town. His own dwelling is about twelve miles distant, in the Santa Clara settlement.

On a report of this cowardly and unprovoked act having reached this place, a general state of excitement ensued, and energetic steps were taken for his capture. With this intent, the officers, with a few citizens, went in search of him and succeeded in bringing him back the evening after the deed was committed. The first stopping place on arriving was the smith’s shop, where he was secured in the most effective manner.

He was then conveyed to the Court house, and there fastened, with a guard of six men around him. The community waxed in excitement, and each mind was absorbed in recapitulating the many crimes of which he had been guilty, and the manner he had escaped all. The want of a jail, & etc., presented obstacles to keeping him in custody until the next term of the Court. No fixed plan seems to have been adopted, but the determined feeling to keep him fast was unanimous.

The streets were noisy with the discussion of this subject until a late hour, when the above mentioned act of the prisoner being shot dead through the window from without, in the immediate presence of his guard, caused some reaction on the subject.

Wow. I get the outcome; he seemed to mock the whole town about his ability to buy his way out of difficulty. He genuinely did not seem to be a very good man which makes me sad for his little family that travelled all the way to Texas for “a better life”. Was he already running from the law in Nassau and just continued his life of crime in Texas?

There is a suggestion in the family history that he shot Mrs. Klinger because she asked him about a piece of land he had said he was going to sell her and then didn’t — but to shoot her in the face for that question? I can understand how people were incensed at the unjustice of it all. As always in these stories, the vigilante who dispensed justice was never identified by the community — out loud.

I found the reference for the story of his body being dragged out of town on a cowhide; it is recorded in Greek letters, not German, in the record books of First Protestant Church. It also has the Latin words Latro & Homicida (robber and murderer) with Joseph Wersdoerfer’s name, followed by words of Psalm 130. Verses 3 and 4 are poignant: “If thou, LORD, shouldest mark iniquities, O LORD, who shall stand? But there is forgiveness with thee.” That says a lot. Wersdoerfer’s cumulative record of crime was not condoned, but mercy was shown towards the man and his family. I cannot find where or if he was buried.

Poor Mrs. Wersdoerfer. She rose above this family catastrophe and remarried. She had more children and got on with life. They made them tougher back then.

Sources: Sophienburg Museum & Archives: Wersdoerfer Family Genealogy; New Braunfels: The First Founders, Everrett Fey, 1995; The Colorado Tribune, Monday, July 7, 1851; Eternity at the End of a Rope: Executions, Lynchings and Vigilante Justice in Texas, 1819-1923, Caldwell and DeLord, 2016.

“Around the Sophienburg” is published every other weekend in the New Braunfels Herald-Zeitung.

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According to stories of the Old West, suspected criminals were shot or hung. No jail was necessary. Then as people became more civilized, there arose a doubt as to whether the person accused was actually guilty. Could we possibly say that “those were the good old days?” I think not. Should we have a trial before the punishment takes place? Holding a suspect in jail was certainly a better solution. A trial determining guilt or innocence would follow, but what to do with the so-called criminal until the trial?

From this need, the idea of a jail was born and in New Braunfels, this jail idea was necessary early on. For that matter, the first suspected criminal, a woman, was arrested and kept in the home of Sheriff Henry Gerwin. There were no buildings when New Braunfels was settled but eventually log huts were constructed. Gerwin’s prisoner’s infraction was not noted in the Comal County Commissioners Court minutes but the Comal County Commissioners agreed to pay Gerwin for keeping his prisoner for 45 days in his home. Must have been mighty cozy. The county had to rely on others who had empty rooms or empty structures sufficient to serve as a jail. New Braunfels Mayor Heuckel, in 1848, helped out by renting the commissioners a room in his home for ten months for $25 to serve as a jail.

In 1848, the County Commissioners asked the newly elected sheriff, Adam Maurer, to look for a place to be used as a jail. It would be subject to their approval. Now, this is interesting: About the same tine in 1848, the county asked the city if they would grant land to build both a courthouse and a jail. When the city offered no land, the commissioners advised the county clerk to tell the city that they intended to build a courthouse and a jail on the Main Plaza even though the property was owned by the city.

The city was asked to respond to the request and after not hearing from them, Commissioner Dr. Koester was asked to obtain a resolution from the city. This eventually happened, but not resulting in what the county expected. The city then offered two lots near the Comal Springs and suggested that if necessary, the county could sell the property in order to purchase property somewhere else, but NOT on Main Plaza.

Buying a lot and building a courthouse and jail was an expensive proposition and the county had only $400 and taxes were still forthcoming.

In July 1849, Theodore Sterzing offered his lot to the county for $600 which included two log buildings. This lot was town lot #85 fronting on Seguin Avenue. The lot is in the location of the parking lot for the Elk’s Lodge. The county records show that the offer was accepted, and the county moved in the larger of the two log buildings. The future plan was to build a log jail on the site 12 feet square using logs 9 inches thick. This building was eventually built and can claim its fame as the first jail in Comal County.

Eventually, the log jail became unsuitable and in 1854, a new jail was built at what is now 509 W. Mill Street. This jail served the county for 24 years.

Do you know the story of the Moesgen murder? Moesgen was a first founder of New Braunfels and he was murdered by his wife, daughter and son-in-law. If you own the book “Around the Sophienburg,” you can find the story on pages 236 and 237. The book is a “must read” to learn about the history of New Braunfels and Comal County. The family killed Moesgen in 1855. The story tells us that the three family members were hauled off to the sheriff’s home. The year shows that they were placed in the Mill Street jail. The court found the three guilty and imprisoned. One died in prison and two were paroled.

The Mill Street jail began to deteriorate, and plans were being made for a new jail to be built behind the 1860 courthouse (where the Chase Bank is located). The new jail was finished in 1879. The plans included iron cages to hold 20 or 30 prisoners. The two-story building was built of limestone rock with an iron roof. Fredrick Ernst Ruffini of Austin was chosen as the architect. The cost was $10,000 with a bid of $1000 for iron work. This building served as the jail from 1879 to 1931.

In 1898, the present courthouse was constructed and in 1931, the jail was added to the north side of the structure. The old jail that was in the Chase Bank parking lot, was torn down in 1958.

What happened to the old stones from the jail? It’s an interesting story. When Sts. Peter and Paul Church had an enlargement project in 1962, some of the stones were used from the old jail in their project. Both sides of the exterior of the church have some of the stones. When researcher John Coers was taking photos of the stones, he found carved initials. He thinks these were done by prisoners.

Another use of the stones from the old jail can be found at the outdoor patio and steps leading to the basement of the Prince Solms Inn on San Antonio Street. There are three notable stones at the top of the steps that have the words COMAL COUNTY PRIS.

The New Braunfels Conservation Society is in the possession of the cornerstone of the old jail with the architect, F.E. Ruffini inscribed on it and they also have a metal device that was thought to be used to pass food through to prisoners.

All of this information was researched by John Coers at the Sophienburg Museum and Archives. John is a member of the Comal County Historical Commission. He used maps, city minutes, county minutes and newspapers to aid his research. There is a wealth of information to aid researchers at the Sophienburg. Check it out.

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