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Archiver > ROGERS-BEN > 2001-04 > 0988172579


From: "Kristin Whitson" <>
Subject: [ROGERS-BEN] State vs. Samuel and Reuben Rogers, part 1
Date: Tue, 24 Apr 2001 23:22:59 -0500


Dear Cousins,

A little while ago I sent information about the State vs. Samuel
and Reuben Rogers. I have been very interested in this case because it is a
family story in my family that my Rogers moved to Jefferson County, TN from
Washington County, TN around 1890 because the some of the Rogers had gotten
into some sort of trouble and J.J. Rogers (my great-grandfather) and
possibly Samuel Rogers (my great-great grandfather, presumably named for his
Uncle involved in the State vs. Samuel and Reuben Rogers) feared for thier
lives. So I was looking through criminal records for Rogers. Actually, I
have found that criminal records, next to pension applications often give
some of the best information about the peoples lives, their character, and
what went on during their lives that was important to them.
I am happy to say I was able to find many of the original documents
relating to this case at the Archives of Appalachia in Johnson City,
Tennessee. It turns out that the original records for Washington County were
sent there from the courthouse in Jonesborough. Since I had found these
references (I previously sent) to the case in the minute books, I knew a
little about the case. However, I was under the false impression that unless
a case was appealed to the State Supreme Court that all transcripts from a
case 164 years ago had probably been destroyed.
However, when I asked for these records at the Archives, they
brought out boxes of the original documents from the basement. I quickly
found the State vs. Samuel Rogers (fortuitously in the first box I opened
right on top!). I am positive that the Court Clerk had bundled together
these papers in 1838, tied them with a bit of string, and they had not been
opened until I untied them and the dust crumbled away from the string and
papers. I thought in such a fragile condition they wouldn't xerox them
either but they did.
I will send on the most interesting papers that contain the court
testimony following. It turns out that most of the papers are the State vs.
Samuel Rogers but there are some of the State vs. Reuben Rogers as well.
Included are the grand jury indictment papers, Samuel Rogers own statements,
testimony in the trial against Samuel, Reuben Rogers bail papers, subpeonas
for witnesses in the trial, reciepts for payment of witnesses, jailors, etc.
Also, I found it interesting to see Samuel Rogers own signature,
and Reuben Rogers' along with the people who bailed him out of jail, John
Blair (US Congressman from Washington County, and Elijah Embree, maybe the
richest man in that area and owner of the Iron Works). I also noted that the
jury for Reuben Rogers trial was sequestered at the Chester Inn, which is a
very historic site in Jonesborough where three presidents spent the night
and many other dignitaries (there is good information about it on the web).
I am positive that some testimonies, etc. are missing from the
papers I found as well. Whether they are gone forever or just packaged in
another bundle somewhere in a box in the basement I don't know. I do intend
to go back as soon as I get a chance and have a thorough look for them.
However, the testimonies included here I think tell us most of the story of
what happened and what precipitated these events. I think also that some of
the character of the Rogers is shown. In these documents, I get the
impression that they were stubborn, territorial individuals much like many
frontiersmen, I suspect.
What was not indicated in the court minutes that I previously sent was the
name of the man who was murdered. It was Thomas Bayless, a neighbor of the
Rogers. The Baylesses were also early settlers in Washington County and
were involved in the formation of the Iron Works. Thomas Bayless's father
is listed as Daniel L. Bayless on the IGI, and Daniel L. Bayless is listed
as the prosecutor of the case, although I suspect in this case, it means
that he is the person who pressed charges, not the lawyer trying the case.
These papers were sometimes illegible to me, and so I apologize for any
incomprehensible statements in the transcription, but I have tried to do the
best I can.
The testimony that is included is primarily from State witnesses, there is
partial testimony from one defense witness. From this testimony, I extract
the following set of events. Thomas Bayless (who seems like sort of a bully
to me in the case, although I am probably a bit biased in my reading) had
killed some of Reuben Rogers' hogs. Bayless apparently knew he would have
to pay for the hogs, but wasn't going to let Reuben charge him too much. At
the Iron Works (the 'furnace' is refered to) Bayless and Reuben Rogers got
into an argument. Bayles said he was going to 'whip' Reuben for charging
too much. Reuben Rogers said he was an old man and a cripple and would not
fight Bayless. (In his pension application, we learned Reuben Rogers had a
hernia from his 10 days march to Horseshoe Bend in the War of 1812 and
walked with a staff for most of his life after that.) Bayless said that he
would not only 'whip' Reuben Rogers, but would 'whip' Reuben's sons too.
Apparently nothing happened that day, but the next day, the Rogers were
having a dinner party on the River at Joseph Rogers' (Reuben's other son)
house. (I think perhaps a mid-July barbeque since many hogs had been
killed). This is where the fight resulting in the death of Thomas Bayless
actually took place.
There were many witnesses.
Although both Samuel and Reuben were first charged with first degree
murder, in the minutes I sent earlier, they were allowed to be tried
separately. Reuben Rogers was found not guilty and after the jury was out
for 3 days, Samuel was found guilty of involuntary manslaughter. This is
certainly a most interesting and tragic case.
In the mean time, I will start sending the testimony of the trial.
If anyone would like, I can scan in Reuben and Samuel's signatures or John
Coppenger's signature or anything else from my copies and send them.

Kristin
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