Watauga Democrat. [volume] (Boone, Watauga County, N.C.) 1888-current, 1927-08-18
HUB WAGNER GOES
ON TRIAL FOR LIFE
Jury Secured Monday and Hearing of
Evidence Begins; Defendant Pleads
Self-Defense for Staying of Earl
Moody; May Complete Case Today

North Wilkesboro, Aug. 15.-
Hubert S. Wagner went on trial for
his life in Wilkes county superior
court here today, charged with first
dsgree murder in connection with
the killing of Dexter Byrd and Earl
Moody at Foscoe, Watauga county,
last Christmas day. Wagner is only
being tried for the murder of Moody,
the other case not having been re-
moved to Wilkes.
The case was ordered removed to
Wilkes county for trial because of
alleged i'll feeling reported against
the young man in his home county.
Judge P. A. McElroy is presiding.
Jury Selected
The whole morning was taken up
with the selection of the jury from
a venire of 100 Wilkes county citi-
zens. 1t is composed of: B. L. John
son, c. L. Conner, r. c. johnson, c.
A Dimmette, l. j. Broyhill, Stewart
A. Lyon, Walter A. Blackburn, S. Y.
Mayberry, F. G. Holman, C. H. War
rem, A. J. Mcneil, J. P. Combs.
Prisoner Nervous
Wagner was arraigned in solemn
procedure as the jurors were called
to the bar to be questioned. He was
pale and nervous, sat by his mother
and father. His young wife with a
babe two months old, sat by him part
of the time. During the selection
Of the jury much interest centered
around the fact that the men exam
ined for jury duty declared them
selves in favor of capital punish
ment.
State and defense counsel indi-
Gated by careful scrutiny and chal-
lenge of testimony of each witness
put on the stand today that the case
will be hard fought. 1t is expected
to last until Thursday and perhaps
longer. Examining the witnesses
this afternoon were Frank A. Linney
of the private prosecution, and W.
C. Newland and A. L. Brooks for the
defense.
Eye-Witnesses Called
An eyewitness of the shooting was
the first man called to the stand. He
was J. Fillmore Coffey, Foscoe mer-
chant, and one of the men who ar
rested Wagner. Mr.. Coffey testified
that he saw the two men standing
about Is PAGES apart; that Wagner
fired three shots at Moody, holding
the pistol in both hands; that Moody
fell~with his head just over one of
the railway tracks; that Wagner then
walked up to the PROSTATE form and
fired two more shots into it. He
saw Wagner backing away from the
body. He testified that Moody never
moved out of his tracks and that he
saw no weapons in his hand. Coffey
testified that he didn't see any marks
on Wagner until after he was arrest
ed, nor did he see any blood on
Wagner until after the arrest; that
Wagner vomited in the railway sta
tion as though he were sick or drunk
while they were waiting there for the
arrival of the sheriff. Coffey admit
ted taking drink of liquor occa-
sionally, but declared he had not
taken any on that Christmas day.
He said the shooting took place about
so feet from his store.
Teams Absent
Harvey Teams, who is said to have
been with Wagner at the time of the
shooting, did not answer to his name
when called today. He is the man,
it is claimed, who could tell all about
the alleged fuss between Moody and
Wagner, which led up to the shoot
ing. Defense counsel were careful
to object to any testimony by states
witnesses in regard to the Byrd
homicide, and Judge McElroy ruled
such testimony irrelevant.
Foscoe had a shooting match at
mark on the day of the killing. Jesse
Coffey and Bruce Long told about it.
At the shooting match Wagner and
Moody laughed and talked with the
rest. There appeared to be no i'll
feelings then, less than an hour be-
fore Wagner fired five shots into
Moody's body.
Jesse Coffey, who assisted in ar
resting Wagner, wrote his sister that
mean liquor was the cause of the
trouble. His letter was shown to
him and he acknowledged its authen-
ticy. One witness testified that
Wagner and the boy he killed were
second cousins. No one knew of