Watauga Democrat. [volume] (Boone, Watauga County, N.C.) 1888-current, 1928-03-22
WAGNER GETS
% TO 80 YEARS
Sentence of Staying Dexter S. Byrd,
However, Will Run Concurrently
With That for the Staying of Earl
Moody; Verdict Friday

In Wilkes superior court last Fri
| day morning, Judge Michael Schenck
. sentenced Hub Wagner to serve not
less than 25 nor more than so years
in the state prison for the murder
of Dexter Byrd at Foscoe on Christ
mas day, 1926.
Wagner was sentenced last Au-
gust to a term of not less than Is
nor more than 20 years in the state
penitentiary for the Staying of Earl
Moody, his first victim. The SEN
tence imposed Friday is to run con-
! currently with the former sentence,
so Wagner's actual minimum time
of 25 years and his maximum time
thirty years. If he is a good pris-
oner he will likely serve the mini
mum, but at that he will be 81 years
old when he is released.
w. C. Newland of defense counsel,
made touching final plea in behalf
of the prisoner just before the SEN
tence was pronounced.
The jury received the case late
Thursday afternoon and deliberated
an hour and half before bringing
in a verdict of second degree MUIR
der.
Wagner on the Stand
Wagner took the stand Wednes-
! day and told his own story of the
shooting. He did not state that he
shot to kill, as he did in the Moody
trial, but he stated it was in defense
of his own life. His story remained
unshaken in the main and his poise
upon the witness stand indicated
that he still retained the nerve
which gained for him dangerous
name in his own community.
/ The bloody underclothes and shirt
worn by Byrd when he was killed
were exhibited by witness, Ralph
., Story, who helped to take them from
Byrd's lifeless body. The binding
of the shirt collar was torn by the
bullet, showing the deadly aim
Wagner used, and another hole was
in the underwear at the spot cover
ing the right groin. There was a
hole in the left shoulder of the
shiRt, which the state stressed, con-
tending that the last shot was fired
into Byrd's body after it had slowly
collapsed to the ground.
Mrs. Judd Wagner, mother of the
defendant, was d telling witness in
her sons behalf She saw a part of
the first homicide and was out in
,,o,,J ,kan shot
and killed Byrd a short distance
away. 1t was Mrs. Wagner who
swore at the trial of Hub for kill
ing Moody that she saw a small OBJ
ject in Moody's hand, and she testi-
fed that later she found a leaden
blackjack with string to it in
Moodys cap. In her testimony
Wednesday she told practically the
same state of facts about the actual
killing of Byrd as that told by her
son. She said she saw Byrd raise
the shotgun and then saw her son
swing his pistol around and start
shooting.
Mrs. Wagner took Byrd's fingers
from the shotgun, she testified.
Ruby Taylor, who was with Wag-
ner as he walked up the railway
tracks from the scene 'of the first
killing, was standing by his side
when he shot byrd, helped to get the
shotgun from under the prostrate
form.
Wagner himself testified that
Byrd asked, Wagner, what is all
this trouble about-d- you, l am
giong to kill you," and started to
raise the shotgun. Wagner said
Byrd waited for no reply. He then
shot in self-defense, pulling the
trigger as fast as he could. He shot
three times, all of the bullets tax
ing effect. Byrd carried an auto
matte shotgun which was found to
be fully loaded when it was exam
ined. The Taylor girl threw the
gun in the Wagner yard when it
was finally extracted. That was done
almost simultaneously with the over
powering and disarming of Wagner.
The states inability to shake the
testimony of the defendant, his
mother and the Taylor girl prob
ably saved Wagner from the extreme
penalty of first degree murder.