Henderson County Sheriff's Office, Texas
End of Watch: Tuesday, December 23, 1879
Age: 40
Tour of Duty: Not available
Badge Number: Not available
Cause of Death: Gunfire
Date of Incident: December 23, 1879
Weapon Used: Handgun
Suspect Info: sentenced to life in prison
Deputy Sheriff Rufus H. Day, and an assistant, was transporting three prisoners they had arrested in Indian Territory (present day Oklahoma). The three prisoners, Henry Smith, a Baptist preacher, and two brothers named Owen had been indicted in Henderson County for horse theft. They were on their way back to Henderson County when the group stopped at a farm house in Van Zandt County, Texas, to spend the night. Smith got possession of Deputy Day's pistol and shot and killed him. The three prisoners escaped, but were soon captured.
In May 1883, Henry Smith was tried in Van Zandt County and sentenced to life in prison for the murder of Deputy Sheriff Rufus H. Day. In October 1880, Elmer Owen was tried in Henderson County and sentenced to five years in prison for horse theft.
Rufus H. Day was survived by his wife and children. He was buried in the Athens City Cemetery.