Watauga Democrat. [volume] (Boone, Watauga County, N.C.) 1888-current, 1927-01-06
Wagner Says He viii
Talk When Time Comes
Slayer Tells Newspaper Man He May
Have Something To Say Later,
But at Present is Silent as Clam

"oH say II uHIll lue right IlHle
comes and it will not take me long
them" said Herbert S. Wagner, Wa
tauga county man being held for safe
keeping in the Guilford county jail
for ths Staying of Earl Moody and
Dexter Byrd at Foscoe, near Boone,
to Greensboro News reporter last
Friday, shortly before he was re-
moved from that bastile to the peni-
tentiary at Raleigh. The News con-
tinues: Then Wagner, who is prob
ably between 25 and 28 years old,
closed up ike a proverbial clam, add
ing, however, that he was getting
along nicely
Sheriff Stafford accompanied the
Daily News reporter to the cell cor
ridor where Wagner is given the run
of the space along with several other
white prisoners who are awaiting
trial in Guilford superior court dur
ing January or who are serving SEN
tences imposed during the December
6 term of federal court. The pris-
oner was attired for cold weather,
with a heavy lumberman's jacket,
knee high boots and riding trousers.
He seemed entirely at ease and calm
ly smoked pipe as the reporter
talked with him about reports of the
Christmas day tragedy that cost two
lives and Wagner's freedom.
Wagner was shown a statement
credited to w. R. Lovill, of Boone, his
attorney, which was: "The killing on
Christmas day of Earl Moody and
Dexter Byrd at Foscoe, near Boone,
has more behind it than appears on
the surface When these facts, now
unknown to the public, come out,
they will startle the community. Ev-
cry case has two sides, and, although
this shooting at first sight appears to
have been without provocation, the
public is due for a surprise if it
jumps at conclusions" The attorney
is said to have refused to amplify his
statement, and his client refused to
comment upon it.
Wagner still has discolored eye,
but it is not so dark as it was Mon
day, the day after. he was lodged in
Jail here. A cut on the lower part of
the left side of his face is hidden by
the collar of his jacket, but it is there.
Reports of the affair were slow in
reaching Greensboro, but one had it
that Wagner and Moody had some
words before the killing. Another
version denied this and stated that
the two men were apparently on the
best of terms. Likewise did one re-
port assert the killings were the out
come of a drunken brawl, but inves
tigation, still another report stated,
lavea ed that neither Moody nor Byrd
rad been drinking. There was some
disagreement as to whether Wagner
had imbibed.
Yesterday afternoon the accused
killer Wa: shown the following eX-
cerpts from a correspondents ac-
count Of the affair:
THE generally accept account of
the shooting is that Wagner met
Moody on the railroad near Foscoe.
Wagner was standing on the track,
and Moody was below him on the
embankment. After some conversa-
ton Wagner is said to have drawn his
gun, and with the words, I'll shoot
your heart out fired three shots, all
of which took effect. Moody fell
mortally wounded, but Wagner fired
twice more, and both of these shots
also took effect
Wagner is said then to have gone
behind a shed near the track and to
have reloaded his pistol. He returned
to the track, according to the story
of witnesses, and was walking along
it when he met Byrd.
What does this mean, Wagner"
Byrd is said to have asked.
"' you, I'll shoot you,
too Wagner is alleged TO have re-
Piled, and with that, the witnesses
say, he shot Byrd three times, and
lo1
The accused slayer read that por-
ton of the story slowly and careful
ly.
"Who wrote that" he asked.
"a correspondent at Boone" was
the reply of the reporter.
Wagner grunted, and then con-
tinued to read, scanning that part of
the story relating to his capture, re-
moval to Greensboro, and of his faith
er's history with slow and careful at
tention. W. P. Coffey and j. W..
Coffey, both of Foscoe, exercising the