The Murder of Daniel Bailey

killed by Samuel Ruffner

     The Ruffner family. Almost anyone doing genealogy in the Kanawha Valley or just interested in local history is familiar with them. They are universally praised in most of the histories written about the area, written by friends and people with a keen interest in the Salt Wells.  Early court records tell a different tale. Joseph Ruffner was tangled up in the courts for years. He was accused of stealing land from neighbors, debt, aiding and abetting, assault and battery etc. I'm not going to tell all those stories today. I'm just going to tell one. This story is about Daniel Bailey, my 4th Great-Granduncle who was murdered by one of them.

     Daniel Bailey was born about 1785 in Albemarle County, Virginia, give or take a couple of years. He was a son of Isham and Patience Bailey. He married a cousin named Thena Bailey on October 22, 1810 and moved to Kanawha County with his father and siblings around 1811. On September 28, 1812 he was stabbed in the heart by Samuel Ruffner. Samuel Ruffner had planned this murder for weeks and when he finally saw Daniel Bailey riding by his house, on horseback and alone, he put his plan into action.  Samuel and Katherine Daggs Ruffner, his wife, called Daniel over to their fence to talk and then he proceeded to stab him. Daniel muttered his last phrase of "Lord have mercy Sam, what did you do that for?" He then fell off his horse tearing the reigns off his saddle and stumbled six steps before falling flat on his face and expiring. Samuel left Daniel's bloody body in the road, grabbed his horse and prepared to leave. He was caught by neighbors before leaving so he went inside and laid down on his bed. Samuel Ruffner was found guilty of second degree murder and sentenced to eleven years in the state penitentiary with 1/12th of that time to be served in solitary on a course meal. His children were removed from their home and placed in the care of The Overseer's of the Poor.  Descendant's claim that he died in Cincinnati Ohio. Maybe he did? Maybe he died in prison? I don't know for sure. I'll leave that to his descendants to figure out. Here are the depositions given to the court for his murder trial.

***Kanawha County Court 1812***

Thomas Cobbs deposition, came up to Samuel Ruffner in company with Fleming Cobbs and others on the night on which Daniel Bailey was killed, seen the body of the deceased lying in the road on the opposite side of the road from Ruffner, a fire made near the body, the body was lying on its face. The blood had ran in a large stream from the wound in his breast across the road, deponent went into the house and spoke to the Ruffner's, Samuel Ruffner, lying on the bed, deponent to them, that it was a terrible affair, and asked them what made them do it, they both answered that Bailey had abused them, and would have beat them if Ruffner had not killed him deponent then asked what it was done with Catherine Ruffner handed this deponent a dirk, and they both said that was the weapon some person asked the prisoner what Bailey said after he was stabbed Catherine Ruffner replied that he had said Lord have mercy Sam what did you do that for, Samuel Ruffner stated that Bailey had said Lord have mercy Sam what did you do that with and they both agreed that it was one of these words either with or for this deponent heard her make the same statements with regard to the place and manners of the death of Bailey as deposed by Fleming Cobbs  they pointed out to this deponent the place where they said Daniel Bailey caught his horse after receiving the wound. It was about six steps from that place to the place where the body lay, and from the place where they said he was stabbed at to the place where he lay was 15 steps to opponent, examined the bridal after it was taken off the fence and supposed that the buckle had torn the leather as if broken by the horse.

Seth Ward‘s deposition about two weeks previous to the death of Bailey . Deponent was at Sam Ruffner‘s house seen a gun standing by the chimney. Ask Ruffner if it was loaded Ruffner said it was deponent told him he had better put it out of the way of the children as they might throw it down and do some mischief. Ruffner said that the children know better than to throw it down, and at any rate, it would not go off, unless he wanted, Deponent told him again that he had better put it away for fear some accident might happen. He replied that there was no danger. He kept it for other uses asked him what other uses he replied that he would kill Daniel Bailey, or Jim Langford with the load in the gun, the next night after this conversation deponent was again at Ruffner's asked Ruffner what he meant by what he said the night before he replied, that he meant to kill Daniel Bailey, James Langford, Henry Bailey, and fool Isham, but suppose the two latter were excusable and in another conversation with Ruffner deponent believes it was in the field where they were pulling corn blades. Ruffner stated to deponent that he had heard Daniel Bailey, and Jim Langford should’ve said. that they were innocent of stoning Ruffner‘s house, but if they undertook it they would show him what it was, after stating this Ruffner said he would be goddamned if he did not prevent them, he would kill them before it come to that the next day after this conversation deponent got Ruffner to accompany him in search of a stray horse  went to one Webster on the Kanawha river deponent went out gunning with Webster left Ruffner at the house when deponent returned Ruffner was talking to Mrs. Webster heard Ruffner say that he had a knife or a dirk, which he would run through Daniel Bailey, and then Langford‘s hearts.

Edward Deals deposition that he was acquainted with Samuel Ruffner in the state of Ohio, and passing his house some weeks ago, called to see him, was solicited by Catherine Ruffner, to sit down. He did so, she sent to the field for Samuel Ruffner, when he came in, they strongly solicited on deponent to stay all night, which, after much pressing, he agreed to, about dusk in the evening, Ruffner took out deponent to show him his cattle and when out, began to complain of Bailey said Bailey had frequently abused him thrown chunks at his house, and had twice broke down his door by throwing at it, and that he was determined to kill Bailey Deponent advised him not to do such an act as that would commit him to the law. He replied that he did not care he would kill him if he should swing for it the next minute, the deponent did not know what Bailey he meant. Neither did he know of there being more than one.

Henry Wrestler deposed that sometime since was at Ruffners getting wasting ? for his boatman, had a dirk, which he usually carried with him Ruffner perceived it took hold of it to examine and swore he would keep it deponent refused sometime to let him keep it, but after much persuasion from Ruffner made him a present of the Dirk.

The deposition of James Jopling, taking on the foregoing examination viz Deponent was in Charleston on the evening on which Daniel Bailey was killed. About half an hour before sunset deponent seen Dan Bailey crossing the Kanawha River at the mouth of the elk deponent went down the river by water to Henry Bailey’s. Then landed and proceed toward his father's on foot past Samuel Ruffner‘s house, Daniel Bailey, then sitting on his horse opposite the house, and on the opposite side of the road from the house, conversing with Samuel Ruffner and wife, who were standing in the inside of the enclosure near the fence as he passed. Heard Bailey tell the Ruffner that he could prove that the charge brought by Catherine Ruffner against him at the court was false. Bailey did not appear to be in a passion deponent proceeded home without stopping after reaching home about 400 yards below Ruffner in a few minutes was alarmed by James Hensley‘s calling aloud to deponent that Daniel Bailey was killed, ran immediately to Ruffner seen Daniel Bailey lying dead on the road about 8 feet from the place where deponent had before seen him, when on horseback at the distance of nine steps from the fence. The horse was loose about 50 yards from the body Ruffner was there, leading his horse with a saddle and bridal on him out of the enclosure. Deponent ordered him to stop and go back to the house. He replied that he was a free man and would go where he pleased on deponent reiterating his order and other assistance coming up, he went back into the house. Ruffner had a dirk hanging at his left side deponent and Seth Ward stopped and shrouded the deceased. The deceased was stabbed about 3 inches below the part of left breast his coat was buttoned much blood on the inside and outside of the coat. The left pocket of his pantaloons full of blood deponent knows nothing further of the murder of the deceased, except by confession of the prisoner the time between his passing Dan Bailey on the road and seeing him dead, was not more than 15 minutes. 

 Fleming Cobbs deposition, deponent lives about 2 miles from Sam Ruffner‘s on the evening of the 28th ult Kia Bailey (Hezekiah) called at this deponents door and told him that his brother Dan Bailey was killed at Ruffner‘s after some short time came up to Ruffner with Thomas Cobbs and Mr. Bailey seen Dan Bailey lying dead on the road opposite side from the house 15 steps from the door deponent went into the house and said to Ruffner, you miserable wretch how could you be guilty of such willful murder, Catherine Ruffner replied that he did it in his own defense. He is wounded on the head. Deponent again asked where did the murder take place? He answered about two steps from the door and showed the place Deponent asked what provocation Bailey had given then she answered that Bailey had struck at Samuel Ruffner twice over the fence and then swore that if he could not get him there, he would go where he could get him and leaped off the horse, threw the bridle over the fence, crossed the fence and struck Sam Ruffner, and knocked him down against the fence that Ruffner had the dirk in his hand with which he had been cutting tops of corn, and that when Bailey went to strike, the second stroke, Ruffner had thrown up his arm to defend himself and ran upon the dirt deponent examine the body. There was no blood to be seen only about the body and about the feet of the deceased deponent went home and returned in the morning before daybreak examine the enclosure first by firelight afterwards by daylight, could see no blood only immediately about where the body lay some person picked up a stone which had a spot  which he suppose might be blood on examining it closely deponent did not believe it was blood deponent asked the prisoners if Bailey had spoken after he received the wound, Catherine Ruffner answered that he had said what did you do that for and then jumped over the fence, caught his horse  and turned around and fell deponent further said that the horse is very wild and as he believes a dozen men could not catch him if loose, be pinned up, deponent, examined Sam Ruffner‘s head, where he said Bailey had struck him could see nothing but a red spot was not raised.

James Hensley deposition this deponent lives about 160 yards below. Sam Ruffner‘s house was sitting in his own house on the evening, and which Daniel Ruffner was killed, was called on by Catherine Ruffner, several times to come up to her house, seen her at some distance, went out into the road told her he would not go up unless she would tell him what she wanted with him. She then told deponent that Daniel Bailey was killed. Deponent was immediately up seeing Daniel Bailey lying dead on the road, his horse standing by the fence, loose, the bridal hanging on the fence about 15 steps from the house with the head halt unbuckled deponent asked Ruffner who had killed him, and what he was killed with. He replied that he had killed him with a dirk then, hanging by his side, asked Ruffner what he had done it for. He answered that he had done it in his own defense, and that another time said he intended to kill him. Deponent does not recollect, which answer was given first deponent, then went and called James Jopling when he came, Ruffner had got his horse settled and was leaving from out of his enclosure Jopling ordered him to stop and go back into the house, which he did deponent heard no previous quarreling or noise at Ruffners. Everything appeared unusually quiet. 

***Kanawha County Court June 1815***

Whereas it is represented to this court that the following infant children of Samuel Ruffner are not in a situation to be raised in the habits of morality and industry to wit, Elias Ruffner said to be eight years old Joseph Ruffner said to be six years old and A Dagg Ruffner said to four years old and Esther Ruffner said to be 13 years old it is thereto ordered that the overseers of the poor bind out the aforesaid children to some person or persons in this county according to law ordered that the court be adjourned until tomorrow morning 9 o’clock David Ruffner