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Print PreviewDep. Sheriff David F. Rogers Shootings
Ten years after the shooting of James (Jimmy) Rogers b. 1850 by his 1st cousin John Franklin Rogers b. 1852, another tragedy took place and again involving a grandson of Major David Rogers b. 1779.
The email below that Carol sent in 2000 gives the details. Deputy Sheriff Dave Rogers was David F. Rogers b. 1853 who was the son of Canada Hodge Rogers b. 1826 and Nancy Malinda Van Bebber b. 1825. Dave married Sarah Ann Green and they had 10 children. Dave was the 1st cousin of John Franklin Rogers b. 1852 who shot and killed James Rogers b. 1850 as well as William H. Rogers b. 1860 who revenged the killing a few months later.
As is so often the case in this type incidents, those involved were either
related or in-laws. In this case, the other man, Wash Smith's, Father-in-law was
Sarah Ann Green Rogers' uncle by marriage. Wash Smith was her first cousin's
husband, and John Richardson was her first cousin. William Richardson's wife,
Rhoda Spangler Richardson was a sister to Sarah Ann's Mother, Mary Spangler
Green.
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Subject: Dave Rogers
Datum: 08/02/2000 1:56:29 AM GMT Daylight Time
From: carob@tc3net.com (Thomas Woodward)
To: JRogers722@aol.com
Jerry, I came across this & found it interesting. Carol
WASH SMITH OF UNION COUNTY MURDERED
The following is abstracted from the 17 July 1896 edition of the Knoxville
Morning Tribune.
A man lying flat on his back, a bullet hole in his neck, and a pistol grasped
firmly in his right hand, was the appalling spectacle that met the gaze of
hundreds of people who rushed into Stewart & McCampbells stable on Central
Avenue yesterday morning at ten o'clock, the crowd being attracted to the spot
by five pistol shots in rapid succession.
When the smoke had cleared away and spectators had recovered their senses, one
man was found lying dead on the floor, while another emerged from the din with a
bullet hole in his toe.
The man killed was Wash Smith, a farmer from the Twelfth District of Union
County; the wounded man was Deputy
Sheriff Dave Rogers, of the same district and county.
A Tribune reporter reached the scene of the shooting soon after the affair and
there found a confused mass of people crowding and jamming the doors of the
livery stable, which were guarded by the police. The rough element of that
neighborhood could scarcely be restrained and they were not satisfied without
securing a glance at the murdered man.
Leut. McIntyre and Leut. Hood were the first officers to reach the spot. They
immediately telephoned for Coroner Johnson and Undertaker Mann. Meanwhile
Dave Rogers,
who did the shooting, was placed under arrest and taken to the hospital where
his wound was dressed, after which he was securely locked in all.
Conflicting reports are told by bystanders. Others are reticent. Several men
were standing around at the time but the whole affair was so sudden that no one
knows who shot first and what shot took effect. The consensus of the gossip is
that Rogers was in the stable placing some jugs in his wagon preparatory to
taking them home. He was drinking rather freely, and talking in a jesting way
with Wm. H. Brananburg, a brother-in-law of Smith's from Campbell County.
Brananburg asked him what he had in his jug--oil or vinegar--and he seemed to
take slight offense. However, Rogers and Brananburg are the best of friends.
Meanwhile Smith came in and addressed Rogers in a familiar sort of way,
designating him as "buddy." It is said that Rogers took a jug from the wagon
from him and urged him not to strike. Smith fumbled in his inner coat pocket for
his pistol, but no sooner had he secured it than Rogers had his in hand also and
fired at Smith, missing him. Smith then snapped his 38 caliber Smith and
Wesson--a rusty weapon--at Rogers, but it failed to fire. Smith thrust it at
Rogers the second time, but Rogers knocked it down, the bullet penetrating his
foot. In desperation Rogers commenced firing and shot four times, three times
after Smith was down, and it is thought that the third shot penetrated his neck.
Rogers said that he was shot at twice, one shot hitting his foot and the other
grazing his side, but no examination of Smith's pistol the fact was revealed
that but a single cartridge had been fired.
No words were exchanged except as above stated. It is an old grudge,
illustrating how the best of friends drift apart. Eight years ago the two men
were jointly indicted for robbing an old couple in Union County. They were tried
and sentenced to five years in the penitentiary. Roger's cousin--John P.
Rogers--being the prosecuting attorney. They appealed to Supreme Court and
worked hard to liberate each other. They were finally acquitted, (State Supreme
Court ruling dated October 27, 1888) but soon after an estrangement took place
and they became the bitterest of enemies. Although living in the same
neighborhood they never spoke and scarcely ever met, until yesterday when the
fatal meeting took place.
Wash Smith is a farmer and raft man who lives in the Fourteenth District of
Union County. He is about forty-five years of age and has a wife and 14
children, four pairs of whom are twins. His father was killed in Anderson County
one year ago by three men. Jas Warwick, Henry Weaver and Henry Lett- but the
present affray has no connection with that. Smith is a respectable man and a
farmer of humble means. He is known as a quiet and peaceable citizen.
Dave Rogers
is a deputy sheriff of Union County and is well connected among the Rogers
generation. He had been deputy but two weeks when he killed a man resisting
arrest. He has a family and was preparing to leave town in company with his
sons.
Both men had been to Chattanooga with separate rafts of logs and were on their
way home. Rogers returned yesterday morning and Smith the night before. Smith
was accompanied by Wm. Richardson, his father-in-law, and Wm. H. Brananburg, his
bother-in-law, who witnessed the tragedy.
The participants were drinking freely and were in an intoxicated condition when
the trouble occurred. Even after the fight Rogers didn't seem to realize the
enormity of his crime, but later he made a statement giving his side of the
trouble.
Undertaker Mann appeared on the scene and with difficulty pushed through the
crowd. The murdered man was stretched at full length on his back, his legs
crossed, the Smith & Wesson clutched in his right hand with the trigger cocked
ready to shoot again. With difficulty it was removed from his hand. On his
person was found $3.91 in cash, a purse, a knife and a quantity of tobacco. Leut.
Hood took charge of the articles.
The murdered man wore brown jeans pantaloons, a plain shirt, and old coat. His
hair was short and he had a red beard. At 11:30 Esquire Knabe issued a mittimus
for Rogers' confinement in the county jail, to which place he was taken, the
preliminary trial being set for. 10:00 o'clock Saturday afternoon in the public
hall of the court house.
Rogers has employed Jesse
L. Rogers as his counsel, to whom he made the following statement: "I
had been to Chattanooga with a raft of logs and returned to Knoxville yesterday
morning. I bought some things here to take home and my boys met me here last
night with the wagon. I was loading it this morning preparatory to starting
home when Smith came up to me in the stable. This was the first time that
I knew he was in town. He drew his pistol and snapped it at me but it missed
fire. I then pulled my pistol and Smith shot the second time but I knocked
it down and the shot passed through my toe. In knocking Smith's pistol down
I dropped my own and recovering it I shot until I killed Smith.
It was 3 o'clock this afternoon before Judge King empanelled the jury of inquest
in the absence of Coroner Johnson and the examination began. The jury which was
sworn was composed of Messrs. Abe Maxey, W.T. Mitchell, C.M. Alison, John
Gleason, R.P. Badget, J.W. Clift and W. E. Bell.
The first witness called was Wm. H. Brananburg, a brother-in-law of the dead
man. His testimony was virtually the same as given above except that he stated
that he was sure that Rogers fired the first shot, and then on
cross-examination; he was not so certain. He also said that after the shooting
began, Rogers knocked Smith down and fired three times after he was on his
all-fours, when Smith fell back dead.
Dr. Sam Boyd was called and made a thorough examination of the body which
developed that the man was shot twice. The ball entered the front of the neck,
passed through and striking the spinal column, broke the neck. This shot was
fired from directly in front of the victim. The second ball was fired from the
side; it passed through the flesh of the left arm and buried itself in the body.
In the doctor's opinion the first shot in the neck, would have caused almost
instantaneous death.
William Richardson the father-in-law of the dead man was called, but he knew
nothing of the trouble of the shooting. He heard a shot fired. John Sweat
witnessed the first part and turning he heard some one say, "Don't do that,
Smith; don't do that. He looked and saw Rogers picking up his pistol which had
fallen on the ground. He went into the office of the stable then and heard four
or five shots in quick succession but did not see any more of the affair. Squire
Householder was called, but he only told of the position of the dead man, and of
looking at the pistol in his hand which had one shot fired from its chambers. No
more witnesses were called. The members of the inquest jury after being charged
by Judge J. M. King returned the following verdict: We find that Washington
Smith came to his death from the effects of a pistol shot fired by David F.
Rogers.
Many tales have, of course, been circulated about the two men since the
occurrence yesterday. It seems, however, that the dead man has been treated
rather unkindly by Fate. As stated before his marriage resulted in four pairs of
twins; his father was shot down by three men, and his grandmother-- Mrs. Callison,
of Union County, suicide five years ago on account of the joy consequent upon
her receiving a pension. Her husband was a federal soldier; she applied for a
pension and at last received it. She went crazy and hanged herself to a tree.
The relatives of Smith in the city were in a quandary for some time as to what
disposition to make of the remains. The home is thirty-five miles from Knoxville
and reached only by rough roads. They calculated that it would take them until
tomorrow night to reach that place in their wagon and thought that the remains
would decompose before that time. It is necessary to ford the river and that is
high. Some wanted them to inter the body in the cemetery grave yard and the
relatives were inclined to the same way, but they finally decided that it would
be wrong to bury him without letting the wife and children gaze once more upon
his face and left last night on their homeward journey.
Tonight perhaps a happy mother sits on the threshold of her humble cabin and
sings a lullaby to her babe, or perhaps has the children at the side and tells
them stories about father's return. Anxiously she listens for the clashing of
the horse's hoofs upon the road, she awaits the ring of the chains upon the
front gate--heralding her husband's approach--she listens for some token of his
coming but she listens in vain. The shadows of night veils that home in
darkness, a flickering candle is placed at the window to guide his footsteps
when he returns; the mountains cast their gloom over the place. Patiently the
children await father's approach but the father comes not. In great expectancy
they long for his return to hear him tell stories from the big town. But the
mother consoles them with the excuse that the river is high, that father is
waiting to return tomorrow. One by one they forget about father and fall into
sweet slumbers, dreaming of the stories they are to hear him tell. Finally the
mother, too, consoles herself with the happy thought that he is all right, not
dreaming for a moment that the cold form covered with a crude box is now on its
way to that erstwhile happy home. Bullet pierced is the body warm reception
awaits him but a sad one it will be. Fourteen children and a happy mother will
run out to meet the wagon but their happiness will be turned to tears when they
see the corpse. The strong arm of support gone and instead of resting upon it
the bereaved family will be compelled to rest upon the mercy of the world.
Another temperance lesson for him who is wise enough to profit thereby.
Dave Rogers
wound was dressed by Dr. Bosworth at the hospital, after which he was taken
to jail. Later in the day his bond was fixed at $5,000. John
P. Rogers and Jesse
L. Rogers going his security he was released from custody awaiting the
preliminary trial Saturday. During the afternoon he came to the Tribune office
in his semi-intoxicated condition and asked the reporter if he had heard about
that murder and what he was going to say about it.
Counsel for the defense will prove it a clear case of self defense. The jugs
that figure 50 predominately in the case were those carried on the raft to hold
spring water for drinking along the way. Rogers intended to fill them with
whiskey before going home and was just delivering them into his possession from
his son on top of the wagon when the row was precipitated. Defense will prove
that Smith first drew his pistol, that Rogers knocked it down allowing the ball.
to hit his foot, that Rogers then pulled his pistol but dropped it, picked it up
and fired, killing Smith at the first shot. The pistol used by Rogers was a 45
Colt revolver. The defense claims that they will have a number of witnesses to
prove it a very decisive case of self defense.
The Knoxville Morning Tribune published the following article regarding the
preliminary trial held in Knoxville on July 18, 1896. The preliminary
examination of David Rogers, for the murder of Wash Smith, took place before
squire Knabe yesterday afternoon. After the state rested Rogers waived
examination and gave bond.
It was more like a place of amusement in the public hall of the court house than
the examination into the question as to whether a man was to forfeit his life
for the shedding of blood. The justice was obliged to threaten to clear the room
of all which had the desired effect. A witness was applauded and there were very
bright expressions of wit by earnest mountain people. Some of the testimony was
conflicting, but there was enough to warrant the defense at the conclusion of
the state's testimony to waive further examination and give bond for $5,000 for
Rogers' appearance at the September court.
The state was represented by Gen. J.C.J. Williams and L.C. Houck and the defense
by Hon. Jesse L. Rogers and S. J. Ailor, of Union County. There were nearly a
hundred witnesses from Union County who came here for the purpose of seeing fair
play. Rumor was current that witnesses were being tampered with, and one witness
swore to the fact. About thirty witnesses were sworn. For the state General
Williams questioned the witnesses, and for the defense Mr. Rogers. There was a
small arsenal of guns and the cartridges were removed but their click was at
times frequent. Rogers' murderous gun is an ugly affair.
Lieutenant Hood, of the police force, testified as to his investigation of the
murder of Wash Smith. "I found Smith lying near the door with a pistol in his
hand. Found Rogers sitting on the ground in the stable. He asked for a sheriff;
I told him that I would take him in charge; he gave me his revolver which was a
six-shot Colt revolver. He also had another revolver. He gave me an alias
cap7ias for a prisoner, saying that he had a right to carry the pistol. Rogers
was shot in the big toe."
Cross examination--Smith when dead had a good grip on his pistol, as if he had
hold of it when he fell, (Rogers) told me that he was a deputy sheriff. The
wound in Rogers' toe was apparent perpendicular. Lieut. McIntyre of the city
police testified: Went to the stable when I heard of the murder. Saw Dr.
Bosworth he said he was going to get liquor. Rogers spoke to Smith and threw out
his hand (saluting) saying how are you and bowed. At that time Rogers had two
jugs in his hand. Rogers stepped out a step when Smith said "Don't come on to
me, Dave." Rogers dropped his jugs and both made for their pistols; Rogers shot
first; Smith shot second, the pistol first catching in his pocket. Rogers ran
towards Smith which both ran towards each other. I next saw Smith on all fours
running toward the street and Rogers was following him, and Smith fell he never
"ris" no more. They were only six or seven feet from each other while shooting.
I think Rogers shot four times five shots were fired. When Rogers spoke and
saluted it was in an angry way. It has been talked that bad blood had existed.
After the shooting Rogers said I am shot. I went to Smith who tried to speak; he
fixed his eyes on me and then died. A little blood was running down his neck.
Cross Examination--Smith was to stay with me at Bill Jones' on Wednesday night
but he did not come. Thursday morning about ten o'clock I found Smith on Crozier
Street, we then went to a restaurant and I did not see him again until Smith and
Rogers met in the stable. Rogers said "how are you Buddy" and Smith said, "how
are you." Smith was called "Buddy" by many. Both went for their pistol about the
same time. After the pistols were drawn and a shot was fired and they ran
together and had a scuffle. Rogers fired the first shot. While Smith was on all
fours Rogers fired two shots. The witness was asked if he was ever indicted.
Objected to. The court overruled. Answer: I was indicted in Union County for
perjury and the prosecutor ran off. I was indicted in the United States court.
The man who indicted me was fined $50 and I was let go. This caused applause in
the hall. Dr. Bosworth--"I dressed Rogers' wound, he was shot nearly
perpendicular through the great toe."
Joseph A. Jackson--"Live at High Point, N.C. Heard the first shot as I was
passing. Saw the prisoner with a gun and the man who was killed acted as if he
was shot. Saw Rogers fire the shot taking effect. After Smith began falling
Rogers fired two shots. Smith when he fell had a pistol in his hand. Rogers
seemed to be suffering a good deal of pain. When Smith fell his pistol went off.
Just after the shooting a man came to me and told me that as I saw the murder I
had better get out." This was objected to and objection sustained.
The witness then stated how a man came to him at the corner of Gay and Clinch
street and offered to pay his fare to North Carolina if he would go home at
once. He told District Attorney Mynatt of it who told him to stay.
On cross examination the witness told of having been to work on many railways
and cited the initials of a score. He acted out the way Smith did after being
shot and how he fell. He said that at first it looked as if Smith would fall on
his face and then he fell backwards with his hands above him.
Gen. D.D. Anderson was put on the stand as to the fact of Smith and Rogers being
nearly all of the while on one side or other of cases in Union County. The
general knew more from hear say than fact. His testimony brought forth the fact
that the attorney to a school being destroyed and Smith was charged with being
the one that did it. Smith told Rogers that he did not like the talk as he did
not destroy the chart. They began to quarrel and three other men stepped in
making four against Smith who was alone.
There was a pushing, knives were drawn as were pistols. Smith told them that if
they would put down their guns that he would do the same and he would fight them
all one at a time. Others interfered and the next day Rogers told me that he had
a second revolver and if they had fought that he would have used the second
revolver on Smith.
John Richrdson was called--"There is a bad state of feeling for eight years
between Rogers and Smith. Saw a quarrel at Maynardville between Smith and Rogers
and then saw a deputy sheriff take a pistol away from Rogers. Heard Rogers
threatened Smith. Cross examination--Never saw Smith with a pistol but once,
that was about four months ago." The state then rested and the defense announced
that they would waive further examination, for in any event the grand jury would
investigate the matter. Squire Knabe fixed the bail of Rogers at $5,000 which
was promptly given for his appearance at the September term of the county court.
On June 24, 1902, the Knoxville Sentinel published the following article under
the heading: (Maynardville) "David Rogers Killed by Son of Man He Slew."
Troy Smith has avenged the death of his father by killing David Rogers. Five
years ago in Knoxville George W. Smith and David Rogers, middle-aged farmers
who lived in the northern section of this county and ten miles from this place,
met on Central Avenue in Knoxville at the Stewart & McCampbell stable
and while discussing a business transaction about logs, they engaged in a
row and Rogers shot Smith to death. He was arrested and tried three times
in the Knox County criminal court with the result that he receive sentence
of thirteen years at the first hearing; sixteen at the second, and at the
last he was acquitted. At the time of this unfortunate affair Troy Smith was
fifteen years old and the oldest child. He is said to have avowed then that
he would kill Dave
Rogers and avenge the death of his father. This morning he came to this
town while court was in session and walking up to Rogers in front of the Sallings
house, said, "You killed my father." Then Smith shot Rogers through
the heart with a pistol. He rushed to his horse standing near by and escaped
and no one has pursued him. The town is in turmoil of excitement. George W.
Smith's death left a large family, and now Rogers leaves a large family.
The Knoxville Journal and Tribune on 30 June 1902, published the following under
the headline:
Smith Has Gone West
A number of reports have been circulated in this section recently to the effect
that Troy Smith, the young man who killed Squire David F. Rogers in the dining
room of the Smith boarding house at Maynardville last Thursday at noon, had
returned to his home, and that, although a true bill for murder had been
reported against Smith by the grand jury of Union County, no effort has been
made to effect his capture and arrest.
A gentleman in this city, who has a personal interest in the case, denies the
truth of these reports, and states that he has information to the effect that
Troy Smith has gone west. In a letter received by this gentleman Saturday from
friends at LaFollette, Tenn., it is stated that Troy Smith arrived at LaFollette
Tuesday night following the killing and left the horse he had ridden from
Maynardville with a well known man living near LaFollette. He also left the
pistol with which he had shot Squire Rogers, and then boarded a train to make
connections with the Jellico train en route to Louisville.
The party who wrote the letter seemed to think that Smith had gone to Louisville
and then to points further west, intending to make good his escape. This
gentleman believes that the reports to the effect that Smith has returned home
are untrue and were started with the intention of paving the way for his return.
He thinks that Smith will be arrested as soon as he can be located.
Smith, it will be remembered, shot and killed Rogers as he entered the dining
room to eat his dinner. The tragedy was the result of Rogers having killed
Smith's father in Knoxville some six years ago. Rogers was a man of about fifty
years of age, and lived in the twelfth district of Union County and was at the
time of his death a justice of the peace of said district. Smith is a young man
of about nineteen or twenty years, and relatives principally reside in the same
district of the deceased. The assailant had been out of the state, it is said
for some five or six years, and had returned to his mother's home on Powell
River a month or so ago.
Smith was a stranger in Maynardville never having been there as he stated until
he arrived the first part of the week supposedly to attend circuit court. He is
reportedly a young man of good appearance and seemed to be very intelligent. It
is though that at Maynardville that Smith came to that place purposely to do
this killing, having lodged at another hotel for two days until Rogers’ arrival
when he moved his place of stopping to that where Rogers stopped.
Editor's Note: Information received from Woodson L. Smith, P.O. Box 52823,
Knoxville, TN 37950, indicates that Wash Smith was planning to prosecute Rogers
for rape of an undisclosed person and may have provoked the 1896 murder of
Smith. Family information also reveals that Troy Smith may have served with the
"Secret Service," and later migrated to California where he lived for forty-one
years. Smith returned to Tennessee only once during that time. He died in an El
Centro, California hospital at the age of 66 in 1943 and was brought home to
East Tennessee for buried in the Fincastle Methodist Church Cemetery near
LaFollette.
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From Joe Stephens
joestephens10@hotmail.com
You may not have realized how much the incident with D.F. Rogers & Wash Smith
was a feud within the family. I will have to admit that I had never been told
about it. William Richardson, Wash Smith's Father-in-law was Sarah Ann Green
Rogers' uncle by marriage. Wash Smith was her first cousin's husband, and John
Richardson was her first cousin. William Richardson's wife, Rhoda Spangler
Richardson was a sister to Sarah Ann's Mother, Mary Spangler Green. Rhoda
Spangler Richardson's descendants will be having a reunion on June 6th. I plan
to ask around then.
While cleaning the Roger's monuments yesterday, I noticed that D.F. Rogers and
his sons, Lewis & Hugh, all have monuments obviously cut from the same block of
marble and ordered at the same time. Even though all three are different sizes
they are made in the same style. Sarah may have ordered all there monuments
because hers is much plainer and it appears that less though went in to her
epitaph (Gone, but not forgotten) than the other three.
Joe
This page was last updated on: May 16 2008
