Editor's Note: The following is abstracted from the July 17, 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 & McCampbel1s 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 concensus 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 raftman who lives in the Fourteenth District of Union County. He is about forty-five years of age and has a wife and Fourteen 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 returning yesterday morning and Smith the night before. Smith was accompained 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 empanneled 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 occurrance 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, suicided 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 quandray 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--hearalding 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 expectency 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, dreariiing 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 agone 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 defence 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
For more information on this article or any article or publication of the Union County Historical Society please write them at:
Union County Historical Society
P.O. Box 95
Maynardville, TN 37807
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