The Sunday Gazetteer
Sunday, February 11, 1906
pg 1

A MAIN STREET TRAGEDY.
B.P. Kinsey, Real Estate Dealer, Shot and Killed by James H. Foster
A deplorable tragedy took place on Main street Tuesday afternoon on the sidewalk in front of the real estate
office of C.C. McCarthy.
The Gazetteer reporter called on C.C. McCarthy who stated that Kinsey had been under the influence of liquor and disposed to be quarrelsome and had threatened the life of Foster.  It was said that when Kinsey was in his cups he frequently threatened the life of people, but those who know him best declare that he was perfectly harmless.
The relations between Foster and Kinsey had been strained for some time, the result of real estate matters.  The fact that Kinsey was unarmed at the time of the tragedy would imply that he did not meditate Foster's life and it was the idle talk of a drunken man.
McCarthy states that Kinsey had threatened his life but that he never considered the matter of any consequence.
A few moments before the shooting, Foster was on Main street and seemed to be excited. He had been in his office only a moment or so when Kinsey appeared at the door.
McCarthy was in his office but states that he did not see the shooting. It was all over in a moment.
Foster must have begun to shoot the moment that he saw Kinsey. The shots were very rapid and at close range.
In fact, when Kinsey staggered to the middle of the sidewalk Foster was right up against him. When Kinsey fell
to the sidewalk, Foster again fired into the prostrate body. Kinsey died in about three minutes after the shooting,
on the floor of the McCarthy office where he was carried.
Foster was arrested in a moment by Deputy Constable Hughes and another deputy. Foster was placed in the second story of the jail which is known as the murderer's cell.
McCarthy states that when Foster is very mad he flies all to pieces and to quote McCarthy literally, "has no sense."
He seems to incline toward the Foster side and that the situation justified extreme measures.
Father Crowley was called to administer the last rites and sacrament to Kinsey but when he arrived it was too late. Kinsey was dead.
Kinsey was for a number of years connected with the old Star Store, having charge of the shoe department. He
was a very quiet, popular salesman. He married a young lady clerk, Miss Kittie McShane, his present wife. He
left here a few years ago and went to Texas City but lost his home and everything in the flood after which he
returned to Denison and has resided here ever since, dabbling in real estate.
James Foster has resided here for a number of years; was elected a member of the council from the Fourth ward. His wife died several years ago. Foster was seriously injured while crossing the H.&T.C. railway track and was confined to his home for a period of about eighteen months. The shooting is the first trouble that he has been engaged in in this city.
Kinsey leaves a wife and three children, Sam, Ben and Paul, aged respectively 17, 15 and 12 years. The dead man
was about 40 years of age.
County Attorney Vowell came over from Sherman on the afternoon of the tragedy to investigate the matter.
Justice Preston held an inquest in the Kinsey killing. John Thompson, who seems to be the most important
witness, testified that Kinsey had told him that he intended to kill Foster and that when Kinsey came out of the
real estate office he raised both hands and said: "You ___ ___ ___;" Foster said, "Who are you calling a ___ ___ ___?" and began shooting; that after Kinsey said, "I will kill Foster," he (Thompson) went to Foster and told him what Kinsey had said.
Foster was admitted to bail in Sherman; his bondsman being Councilman Coleman. The bond was fixed at
$2,500 and Foster was allowed his liberty.



The Denison Daily Herald
Tuesday, April 17, 1906
pg.3

THE DAY AT SHERMAN
After a habeas corpus hearing in the 15th District court Saturday James H. Foster of Denison, charged with the murder of D.P. Kinsey, was released from custody on a bond of $5,000.



The Sunday Gazetteer
Sunday, April 22, 1906
pg 3

J.H. Foster who was arrested recently on a grand jury indictment, charging him with the murder of B.P. Kinsey, was released from custody at the conclusion of habeas corpus proceedings in the Fifteenth district court before Judge B.L. Jones, his bond being placed at the sum of $5,000. The required amount was readily secured and Foster returned home to Denison.



The Sunday Gazetteer
Sunday, November 4, 1906
pg 3

The trial of Jim Foster, who shot and killed B.P. Kinsey last summer, has been in progress the past week at Sherman. The case is exciting a great deal of interest and there are many opinions given as to the outcome of
the trial.



The Sunday Gazetteer
Sunday, November 11, 1906
pg 4

James Foster was convicted of manslaughter for the killing of B.P. Kinsey in this city. He was given five years
in the penitentiary.



The Sunday Gazetteer
Sunday, December 9, 1906
pg 4

Jim Foster, who was recently convicted and sentenced to serve five years in the penitentiary for the murder of
B.P. Kinsey in this city last spring, has withdrawn his motion for new trial and has accepted sentence.



The Sunday Gazetteer
Sunday, June 30, 1907
pg.4

Jim Foster, who was sent over the road for five years for the killing of Kinsey, is said to be with a convict gang
that is engaged in railway work, and it is the hardest lot of convict labor.



The Sunday Gazetteer
Sunday, August 25, 1907
pg.2

JIM FOSTER DEAD
Intelligence has been received of the death of Jim Foster, which occurred in the penitentiary at Huntsville.  Foster was sent up from this county for the murder of B.P. Kinsey.  He was sentenced for a period of 5 years.  It is stated that he was put at very hard labor which probably hastened his death.
Foster was a resident of Denison for a period of about 15 years.  He was twice elected a member of the city council and made a very fine race for councilman at large for a third term.
Before coming here he killed a man at Greenville, Texas, but was acquitted on the ground of self-defense.
He was engaged in several kinds of business in this city.  He has left considerable property.
He has two brothers and a sister living, it is said.  The deceased was about 50 years of age.  His wife died here several years ago.