Herbert Wagner

The following is a report taken from the front page of The Watauga Democrat, dated Dec. 30, 1926. It is a description of the events surrounding the murder of Earl Moody and Deck Byrd by Herbert Wagner, husband of Minnie Lee Ella Coffey. Filmore Coffey was the son of Austin and Mary Blalock Coffey:

Earl Moody and Deck Byrd Slain by Herbert Wagner

Christmas Day Tragedy at Foscoe in Which Two Young Men Meet Tragic Deaths Shocks Whole County; Slayer Held in Greensboro Jail; County's First Double Homicide

For the first time in the history of the county of Watauga, a double murder occurred on Christmas Day, when Earl Moody, 22, and Deck Byrd, 40, met their death at the hands of Hubert [sic] Wagner at Foscoe, in the vicinity of Shulls' Mills. The young men were all natives of that section.

According to the best available information, Herbert Wagner (familiarly known as "Hub") had just returned from West Virginia where he had been employed for some time, in order, that he could be with his parents, Mr. and Mrs. Judson Wagner, during the holiday season. He arrived at the home on Friday night and on Saturday morning in company with some of the good citizens of the community enjoyed target practice nearby for a short time and the friendly Christmas spirit was manifest. According to witnesses, Wager had taken a few drinks of whiskey but apparently was not intoxicated. However, his friends noted that before they had finished their sport he drifted away, going on the railway to a point a short distance away where Mr. Filmore Coffey conducts a mercantile business. There he met Earl Moody. A few words were passed between the two, after which Wagner is alleged to have said, "I'll shoot you, d__ you." And he did, firing five shots all with deadly effect. Then the assailant walked to the side of the little store building, dropped the empty shells from the still smoking revolver, reloaded and proceeded a short distance up the railroad tracks, where he met Deck Byrd, who was starting for a rabbit hunt. Byrd inquired of Wagner what had happened at the store. Wagner is said to have told him he would kill him, too, and shot him down. After he fell two more bullets were sent crashing through his brain.

The killer then proceeded to the home of his father. Mr. Harrison Byrd, father of the last boy slain, demanded that he be held until it was possible to move him to the jail at Boone. A party of citizens of that section, led by Mr. Filmore Coffey, surrounded the Wagner home and finally succeeded in capturing Wagner, who was held in the depot at Foscoe. Deputy Sheriffs A. L. Gross and P. C. Wyke hurried to the scene and brought Wagner to Boone and lodged him in jail, where he was guarded during the night. Sunday afternoon he was taken to the Guilford county jail at Greensboro for safe keeping, where he will be held, awaiting the next term of Watauga superior court which convenes the last Monday in March.

The slain men were interred at Foscoe Sunday afternoon, many friends and relatives being present. They were known as good citizens, thoroughly honorable and their death brings sadness to many friends throughout the county. Moody is survived by a wife and one child, while Byrd leaves a wife and three children.

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Update. May 15. 2020

Herbert Spencer "Hub" Wagner was born 29 Mar 1896 at Shulls Mill to William Judson and Myra Ann Aldridge Wagner. Not much is known of his early life but he married for the first time on 5 Aug. 1915 (1) to Ruia Ellen Coffey, a daughter of Charles C. "Charlie" and Sophronia Phipps Coffey. Ruia died on 17 Jun. 1924 at Foscoe, Watauga Co. and was buried at the Foscoe community cemetery. (2) Together, they had a daughter, Mary Helen, born 9 Nov. 1918 in Watauga Co. Nothing more is know of her.

He married for a second time to Minnie Lee Ella Coffey, a daughter of William Pinkney and Nancy Caroline Gragg Coffey.  A marriage record hasn't been found but they are thought to have married c1926. 

Together, they had a son, Herbert "Buck", Jr., born 28 May 1927 (3) in Watauga Co., and died 30 Jan 1979.  The son married Ruby Carver, date and place not yet found, She died in 1994 and both are buried at Monte Vista Memorial Park in Johnson City, Washington Co., TN. 

The double murders occurred at Shulls Mill, Watauga Co., NC on Dec. 30, 1926 but Herbert's trial did not begin until 15 Aug 1927.(4) The venue was changed from Watauga Co. to Wilkesboro in Wilkes Co. before the trial got underway.

I have not been successful in finding newspaper reports on that trial but he was convicted for the murder of Moody some five days later. The second trial began in Wilkesboro in March, 1928 and Wagner was again found guilty of 2d degree murder of Dexter Byrd and was sentenced to 25 to 30 years with sentences for both killings to run concurrently. (5)  He was found in the North Carolina State Prison at Raleigh, Wake Co., in the 1930 census.

By 1940 he was free and working as a "drilling contractor" in Princeton, Mercer Co., WV. (6) With him was his third "wife," Ruby Leona Taylor to whom he claimed to be married.  He didn't actually marry Ruby until 15 Feb. 1950 in Tazewell, VA. (7)

He registered for the WW2 draft on 27 Apr 1942 in Bluefield, Mercer Co., VA. (8) Eight years later on 15 Mar 1958, Wagner died on heart failure at home in Banner Elk, Watauga Co., NC and was buried at Foscoe Community cemetery in Watauga Co.

I have copies of several newspaper reports that I will share on request.

Sources:

(1) index, FamilySearch (https://familysearch.org/pal:/MM9.1.1/F8QL-MMG : accessed 01 Feb 2013), Hub Wagner and Ruia Coffey, 05 Aug 1915; citing reference 7, FHL microfilm 812534.

(2) Find a Grave Memorial No. 37540991

(3) database, FamilySearch (https://familysearch.org/ark:/61903/1:1:VH1B-CCK : 8 December 2014), Herbert Spencer Wagner Jr., 28 May 1927; from "North Carolina, Birth and Death Indexes, 1800-2000," database and images, Ancestry (http://www.ancestry.com : 2005); citing vol. 13, p. 15, Watauga, North Carolina, North Carolina State Archives, Raleigh.

(4) Newspaper - The Greensboro Record, Greensboro, NC, Sat., Aug. 13, 1927, Page 1

(5) Newspaper - The Greensboro Daily News, Greensboro, NC, Sat. Mar 17, 1928, Page 1

(6) United States Federal Census. Princeton, Mercer Co., WV, for year 1940

(7) Virginia Marriage Certificates, 1936-1988; database with images, Herbert Spencer Wagner and Ruby Leona Taylor, 15 Feb 1950; from "Virginia, Marriage Records, 1700-1850," database and images, Ancestry (http://www.ancestry.com : 2012); citing , Tazewell, Virginia, United States, certificate 4360, Virginia Department of Health, Richmond.

(8) WW2 Draft Registration Cards, 1942 Herbert Spencer Wagner registered for the draft on Apr. 27, 1942 in Bluefield, Mercer Co., WV. He was 46 yrs. old, born Mar. 29, 1896 in Shulls Mills, NC. He was 5' 10" tall and weighed 142 lbs. He had brown eyes, gray hair and a light brown complexion. He was missing the third finger on left hand. He was a self-employed well driller who lived at 312 Front St. in Princeton, Mercer Co., WV with his wife Ruby.