Death Comes in Threes The Killings of Byrd, Fisher, and Willie Daugherty

Trigger Warning: The following article contains details about murder and gun violence.

We’re there once again, on that early afternoon on April 9, 1922, watching from behind wide, untouched trees, sitting among wildflowers, wild life, and wild ginger. Deputy Sheriff Byrd Daugherty’s side came upon Daniel Britton Daugherty’s side on the fork of the mountain, between Petros and New River, Tennessee. And they stood face-to-face. The day was beautiful and calm, with a partly cloudy sky and temperatures in the mid-70s to lower 80s. The Southwest wind was gentle, flowing through the trees, wagging the newly formed buds.

The men were firmly planted, let’s say, about a few yards apart. Byrd with his sons, Fisher and Willie, accompanied by Pryor Bunch.¹⁾Some family lore says Benton Daugherty was also with Byrd Daugherty’s group. Daniel had himself and Robert Lowe, though a number of news sources list “others” with Daniel Britton Daugherty.²⁾One source says Daniel Britton Daugherty’s son Walton Daugherty was at the scene of the shooting. The groups eyed each other, a few of them likely smirking with mean-eyed suspicion. Perhaps the deputy made some slight gesture, like a nod of acknowledgement. Doubtless, someone from his group either directed Daniel Britton to step aside or questioned the gathering. Slow and easy, Robert Lowe pulled out a set of “government papers” and set his gaze on William Daugherty. The papers were “signed by an army officer purporting to state that a reward of $50 was offered”³⁾The Knoxville Journal and Tribune, April 25, 1922 “Bail is Argued Decisions Kept” p. 5 or 6 for William’s arrest for his World War I desertion.⁴⁾World War Record of Ex-Soldiers of Anderson County, State of Tennessee, p. 91. Back then, fifty dollars was about $890 in today’s money.

Lowe likely had more than a bone to pick with the young man. He was himself a veteran of the Great War. His registration card indicates he was actually “disqualified” for service, but lists no specificity. My guess is he was too old. Congress had passed the Selective Service Act on May 18, 1917, giving President Wilson the power to draft soldiers between the ages of 21 – 30. Lowe was around 31 or 32. The classification didn’t hinder Lowe, however. He enlisted in the regular army at Ft. Oglethorpe, Georgia, with Company L, 17^th Infantry, and was later assigned to Company B, 5 Ammunition Train. He was injured in the war, listed as “25% disabled on date of disch, in view of occupation,”⁵⁾World War Record of Ex-Soldiers of Anderson County, State of Tennessee, p. 36. and honorably discharged with a Surgeon’s Certificate of Disability (SCD).⁶⁾That war was particularly heinous. If you haven’t read my article about World War I, you can find it here. My father said something comes over a veteran when he has risked life and limb for his country and seen another man either buy his way out of it or desert his fellow soldiers, and, thereby, his country. Some sort of disgust-filled rage seethes below the surface.

So, Lowe, with that same storming sentiment, pulled out that paper and said something to the effect of,

“I got a warrant for arrest. Your arrest, Willie Daugherty.”⁷⁾Morgan County Press, April 14, 1922 “Bird Daugherty and Two Sons Fisher and William Killed Near Petros”

Whether these papers were a pretense for what was to come is unknown. Whether it was a tit-for-tat arrest is also unknown. One might remember from my previous article that Byrd was coming home after having arrested Daniel’s son Watson on liquor charges. So, Lowe’s arrest of Byrd’s son would have been sweet revenge. No one ever admitted these two possibilities. But neither is far-fetched.

Deputy Byrd Daugherty had placed Watson Daugherty in Anderson County’s Clinton jail. That little capture was a big mistake. He’d arrested Watson when he was young, likely a teenager, and that arrest was particularly brutal. I imagine he was asked to “give up” his father, to betray him and either expose the lucrative business they had worked, scraped, deceived, and maybe even killed for, or, perhaps, turn over the business to Byrd and his sons. Watson, however, never budged. According to family lore, Byrd and his sons almost beat the boy to death. The incident sparked a feud that heated steadily through the years, until it spewed up like lard in a hot skillet slopped with water.

Given that history, Daniel Britton was mad enough to spit nails after Watson’s arrest. Chances are, Daniel probably warned his kinsman if he ever arrested his son again, or anybody else in his immediate family for that matter, there’d be hell to pay. And he was a man who never chewed his cabbage twice. The Nashville Banner verifies the threat: “[illegible] . . . family declared they would kill the officer for making the arrest.”⁸⁾Nashville Banner, April 10, 1922 “Arrests Follow Triple Killing.” Front.⁹⁾In every Nashville Banner source I found for this article, some sort of crinkle created a line in the exact point of crucial documentation, thus the “illegible” note.

As one might expect, tensions rose as Lowe dangled the papers and eyed Willie. Fisher Daugherty, was having none of it. He promptly pulled out his pistol, pointed it at Lowe, and said,

“You better leave my brother alone.”¹⁰⁾Morgan County Press, April 14, 1922 “Bird Daugherty and Two Sons Fisher and William Killed Near Petros”

Byrd either knocked Fisher’s pistol back or pushed it to the side, to seemingly try and calm the situation and his hot-headed son. What ensued has been debated. I sifted through various narratives and have presented different accounts from newspaper sources and relations. One source says that Byrd Daugherty moved forward and told Lowe he had no right as a private citizen “to make such an arrest [of his son Willie], even if the charge were true . . .”¹¹⁾The Journal and Tribune, Knoxville, TN December 10, 1922 “Court Affirms 21-Year Term”

A family narrative says at one point Byrd reached for his gun and Daniel said,

“Don’t do it.”

Byrd froze, but moved his hand toward the weapon a second time and Daniel summarily shot him with a “32 Smith & Wesson.”¹²⁾Information from “Benton Daugherty’s Story of What Happened” on Ancestry.com

Regardless of Byrd’s alleged attempt to quell the situation, most sources agree that Fisher made the first shot when he fired at Lowe and missed. Gunfire commenced in an instant. Blood sprayed and gushed like bottles of spilt merlot. And a bitter smoke eclipsed that beautiful day and hovered like fog across the mountain. After the smoke cleared, Byrd, Fisher, and Willie lay dead. And the sweet, metallic smell of blood permeated the air.

The shooters stood above the bodies and assessed the damages. Knoxville’s Journal and Tribune reported that the men fired “into the body of one of the slain after a bullet had already killed the victim.”¹³⁾The Journal and Tribune, Knoxville, TN December 10, 1922 “Court Affirms 21-Year Term” No names were mentioned. My guess is that victim was Byrd, who was shot twice in the head. Investigators later found that Byrd never fired a shot. Though his gun was loaded, bullets were found still snug inside the chamber. Willie was shot where he stood, through the neck, likely severing his carotid artery. He had nary a weapon on his person – neither gun nor knife. Some sources say he had “his hands above his head,” which made the killing “a more heinous crime . . .”¹⁴⁾Nashville Tennessean, October 23, 1922 “Lowe and Daugherty Get 25-Year Terms”¹⁵⁾The Journal and Tribune, Knoxville, TN December 10, 1922 “Court Affirms 21-Year Term” Evidence that Willie didn’t resist and was in fact unarmed was provided at a later habeas corpus hearing. Lastly, Fisher was shot through the chest. His revolver was found to have two empty chambers, so he did manage to get off several shots, albeit bad ones. Each missed the mark.

As the men stood around the bodies, they heard footsteps just over the hill. A logger was headed to Petros from the lumber camp. He had heard a series of gunshots and decided to poke around. When he came over the hill, he saw Byrd Daugherty and his two sons dead in the road and three men standing over them. One of the men turned toward the logger, in what must’ve been a pants-pissin’-moment, and said,

“Go tell the sheriff. There’s been a killin’.”¹⁶⁾Knoxville News, April 10, 1922 “Dan Daugherty and Robt. Lowe Are Captured”

A swift manhunt ensued throughout the mountains. Law enforcement expected another ambush, or “a pitched battle”¹⁷⁾The Chattanooga News, April 10, 1922 “Deputy and Two Sons Murdered” p. 2 between the suspects and officers. They were disappointed. Both Daniel and Robert were arrested at 7 o’clock the next morning in Clinton. Most sources say the pair were intent on surrendering in Knoxville but were caught beforehand. Neither man resisted arrest.

The trial process began almost immediately. The preliminary trial was held in Wartburg around four days later. They were charged with first degree murder and denied bail. Both men pled self-defense.

The community was up in arms – no pun intended. The people who sought justice for Byrd and his sons were riled up with murderous rage. They wanted to lynch the prisoners. Those who sided with Daniel Britton and Lowe “threatened to burn the jail”¹⁸⁾Chattanooga Daily Times, April 14, 1922 “Slayers of Three in County Jail” p. 5 to the ground and set them free. Either scenario was very real. And Morgan County hadn’t the means to keep the prisoners secure. As a result, Daniel and Robert were transferred to Knox County jail “for safe keeping.”¹⁹⁾Morgan County Press, August 18, 1922 Even Knox County wasn’t safe. Eventually, both defendants were transferred to Chattanooga, where they were heavily guarded “to forestall mob violence.”²⁰⁾The Knoxville Journal and Tribune, April 13, 1922 “Slayers of Three Ordered Taken to Chattanooga Jail for Safe Keeping After Bail is Denied by Justices” p. 4

A bond hearing was held at the end of April and the judge granted both men bond at $40,000 each (equivalent to over $712,000 today).²¹⁾The monies from the bond hearing for Daugherty and Lowe break down thusly: $10,000 for killing Byrd Daugherty, $10,000 for killing Fisher Daugherty, and $20,000 for killing William Daugherty.

The trial moved forward. In August 1922, Daniel Britton Daugherty and Robert Lowe were found guilty of first-degree murder for the killing of Byrd Daugherty and sentenced to 21 years hard labor at the Nashville Penitentiary. Both men “appealed their case to the [Tennessee] Supreme court.”²²⁾The Journal and Tribune, Knoxville, TN October 18, 1922 “Murder Case is Continued” p. 14

Much of Lowe’s appeal centered around that piece of paper signed by a military officer. Several judges ruled that since Lowe was a private citizen, he had no right to arrest anyone. Some speculated that Lowe joined a fake detective agency and tried to pull off a bogus paper as the real deal. The supreme court reversed Lowe’s conviction and he successfully won a bid for a new trial. Daniel did not. The state supreme court affirmed his 21-year sentence. In October 1922, a jury found both men guilty for the killing of Willie Daugherty and sentenced them to “Life imprisonment with a maximum of 25 years.”²³⁾The Journal and Tribune, Knoxville, TN October 23, 1923 “25-Year Terms in Murder Case” p. 2

Though both men were indicted for the murder of Fisher Daugherty, the sources I found thus far, suggest they were never tried.

Now – here’s the odd thing about all this. Daniel Britton Daugherty and Robert Lowe were released from prison after serving around seven years for those three murders and given a clean slate. Lowe “was pardoned by Governor Henry H. Horton sometime during his administration, which was from 1927 to 1933.”²⁴⁾First Sergeant Thomas Webb (Retired), New York State Police, Officer Down Memorial Page. April 11, 2018. I have racked my brain about this for years. How is it that two men who were convicted of a triple murder – and one of the victims being a Deputy Sheriff, no less – two men who were meant to serve altogether close to 50 years each could walk free with a clean slate after seven? I highly doubt the early release was due to good behavior. To really get down to the nitty gritty of it all, I would have to make a visit to Nashville to peruse prison files and Tennessee Supreme court files. I have plans to do so.

But . . . I found some juicy history about liquor, murder, corruption, and prison time. And it has everything to do with the story just told. I’d like to share these tidbits of information with you, the reader. I must, however, prepare the place to be more hospitable, so, if you’ll indulge me with a little more time, we’ll continue our walk through this history together. Please join me for the next article in this ongoing Daugherty series.

 

SOURCES:

• Ken Parton — Daniel Britton Daugherty’s great grandson
• Chelsea — Byrd Daugherty’s great granddaughter
• Victor-Douglas Bunch — Daniel Britton Daugherty’s grandson
• William R. and Teresa B. Noe – Ancestry
• Benton Daugherty’s Story of What Happened – Ancestry

• Zach Foster — Archivist, Anderson County Department of Archives and Records
• Anderson County Sheriff’s Department. n.d. “Deputy Sheriff Bird Daugherty.” Officer Down Memorial Page. Accessed Jun 7, 2018.

• Brown, Webweaver, “Daniel Britton Daugherty” Find a Grave, Oct. 12, 2010.
• Armes “Watson Daugherty” Find a Grave, Aug 31, 2010.
• Susie Bullock, Teresa/Thunderbird584 “Bird Daugherty” Find a Grave, Sep. 7, 2011.
• State of Tennessee, State Board of Health. 1922. Byrd Daugherty. Certificate of Death, Morgan County, Nashville: State of TN Bureau of Vital Statistics. Ancestry.
• State of Tennessee, State Board of Health. 1922. Byrd Daugherty. Certificate of Death, Anderson County, Nashville: State of TN Bureau of Vital Statistics. Ancestry.
• State of Tennessee, State Board of Health. 1922. Fisher Daugherty. Certificate of Death, Anderson County, Nashville: State of TN Bureau of Vital Statistics. Ancestry.
• State of Tennessee, State Board of Health. 1922. Willie Daugherty. Certificate of Death, Morgan County, Nashville: State of TN Bureau of Vital Statistics. Ancestry.

 

HISTORICAL SOCIETIES AND ARCHIVES:

• Morgan County Genealogical & Historical Society
• East Tennessee Historical Society
• Campbell County Historical Society
• Anderson County Archives

 

NEWSPAPERS (Library of Congress Chronicling America, Newspapers.com):

• Bristol Herald, Bristol, VA, April 10, 1922 “Deputy and Sons are Shot to Death” Front
• Chattanooga Daily Times “Unknown Men Kill Deputy, two Sons” 10. Ancestry. April 10, 1922.
• Chattanooga Daily Times “Slayers of Three in County Jail” – Ancestry, Sharon Witt 937 April 14, 1922 p. 5.
• Chattanooga Daily Times “Daugherty, Lowe Allowed Bond]” – Ancestry, Sharon Witt 937 April 28, 1922 p.8.
• The Chattanooga News “Deputy and Two Sons Murdered,” Ancestry. April 10, 1922.
• The Commercial Appeal Memphis, Tennessee “Deputy and Two Sons Killed on Roadside,” Ancestry. April 10, 1922.
• The Journal and Tribune “Slayers of Three Ordered Taken to Chattanooga Jail for Safe Keeping After Bail is Denied by Justices,” April 13, 1922 – Ancestry
• The Journal and Tribune “Slayers of Three Daughertys Win Contention” April 27, 1922. Ancestry.
• The Journal and Tribune “Slayers of 3 Make Big Bond,” April 28, 1922.
• Knoxville Journal “Three Dead by Unknown Hands,” April 10, 1922 p. 1. East Tennessee Historical Society
• Knoxville Journal “Two Held After Three Killed,” April 11, 1922 p. 5. East Tennessee Historical Society.
• Knoxville News “Arrests Two Men for Triple Murder: Dan Daugherty and Robt. Lowe are Captured,” April 10, 1922. Library of Congress, Chronicling America.
• Knoxville News “Daugherty Slayers Sentenced for Life,” October 23, 1923 p. 7. Library of Congress, Chronicling America.
• Knoxville Sentinel “Captured by Anderson County Sheriff as They are About to Leave in an Auto Near Clinton,” April 10, 1922 p.1. – Ancestry, SharonWitt937
• Knoxville Sentinel “Taken Back to Morgan County,” April 10, 1922 p.6 – SharonWitt937, Ancestry
• Knoxville Sentinel “Habeas Corpus Hearing in Effort to Release Two Charged with Murder” Ancestry. April 24, 1922 p. 6. Library of Congress, Chronicling America.
• Morgan County Press “Bird Daugherty and Two Sons Fisher and William Killed Near Petros” April 14, 1922. Library of Congress, Chronicling America.
• Morgan County Press August 18, 1922. Library of Congress, Chronicling America.
• Morgan County Press “Daugherty and Lowe Given 21 Years,” August 18, 1922. Library of Congress, Chronicling America.
• Morgan County Press “Town Topics” [last paragraph] April 28, 1922. Library of Congress, Chronicling America.
• Morgan County Today “Triple Tragedy Near Petros 100 Years Ago,” Jean Pollard, April 23, 2019, p. 5. Print.
• Nashville Banner “Arrests Follow Triple Killing,” April 10, 1922 p.1 – Ancestry, SharonWitt937
• Nashville Tennessean “Lowe and Daugherty get 25-Year Terms,” October 23, 1923 p. 11.
• Nashville Tennessean “State Supreme Court . . . Affirms Murder Verdict” November 3, 1924 (p. 7.
• Roanoke Rapids Herald, North Carolina, “Alleged Slayers Caught,” April, 1922. Library of Congress, Chronicling America.

**Featured image from Wallpaper Up