Grayson County TXGenWeb

Wichita Daily Times
Tuesday, November 28, 1922
pg. 1

WITNESSES TELL OF FATAL SHOOTING AS TRIAL STARTS
Jury in Case of C.M. Waggoner Completed Early Tuesday Afternoon
DEATH OF J.W. WEBB DESCRIBED TO COURT
First Witnesses For State Details Events Surrounding Homicide - 29 Sworn In

Stumbling and reeling forward J.W. Webb fell into the arms of H.W. Scott on Sunday Afternoon, August 11, 1921, and said, "Scottie, I'm Hit Hard."
Two shots from a double barrell had been fired at him according to A.M. Cole, an employe of the North Texas Gas Company, an eye witness to the homicide for which C.M. Waggoner, an ex-policeman is on trial in the 73th District Court, charged with murder.
The 12th juror was chosen just after court had taken up after the noon recess. The 11th one was accepted 10 minutes before adjournment. Judge F.W. Napier swore in the 12 men in a body at 1 o'clock and then cautioned them as to their conduct while engaged in the trial of the case.
"The court will not tolerate the slightest infraction of these rules and it is expected that you treat them most religiously." the Judge told them.

WIDOW AMONG WITNESSES
Among the 30 witnesses [sic] who were then sworn in by Distrcit Clerk A.---, were Mrs. Waggoner, the wife of the defendant, and Mrs. Webb, the widow of the deceased. Three children of the dead man also raised their right hands and took the oath of a witness. The rule was invoked. All the witnesses with the exception of Mrs. Webb and her children retired to the non-jury court room. Mrs. Webb led her children into the office of Judge E.W. Napier and closed the door.
County Attorney E.L. Fulton presented the indictment.which alleges that C.M. Waggoner on or about August 11, 1921 did then and there kill J.W. Webb by shooting him with a shotgun. The bill was filed on September 1, 1921, and signed by J.D. Avis, foreman of the grand jury and H.H. Wilson, district attorney.
When the witnesses were instructed to stay outside the court and without the hearing of the witnesses on the witness stand, A.M. Cole, was retained and selected by the state as the first witness.
He told of his connections with the gas company and stated that he was 48 years of age. He said that he had lived on the northeast corner of the same block where Mr. Webb resided. The latter's house was located on the southwest corner at Fourth and Lake streets.

TELLS OF HEARING SHOTS
Between 1 and 3 o'clock on that Sunday afternoon, Mr. Cole testified he had started up town to see a double header ball game. Just as he was leaving the house by the way of the alley, which also formed the rear boundary line of Mr. Webb's lot, he said he heard several pistol shots.
He told the jury that he at that time thought it sounded as though the shots were coming from Mr. Webb's barn.
As he neared the place he said he saw Mr. Webb and H.T. Scott, commonly known as "Scottie," in the yard.

PHOTOGRAPH INTRODUCED
At this time the state introduced in evidence a photograph which the witness identified as a true representation of the buildings located on the Webb lot. The photograph was given to the jurors for their individual inspection.
Mr. Cole said that the last shot that he heard had been fired just as he was leaving his house, which was about 200 feet away. He said he asked the two men, "What are you shooting rats?"
The witness said that both replied, "No, we're trying to shoot a cat." This was objected to by defense counsel and the objection sustained. Judge Napier instructed the jury not to consider that as any evidence.
"Scottie had the pistol in his hand," the witness continued. Mr. Webb didn't have anything in his hand in the way of a firearm but he was carrying a pailing (note: should be paling, i.e. a fence picket) about three feet long. I walked around to the south side of the lot along the fence. I was standing right by the wagon gate. Mr. Webb opened the gate and stepped out into the sidewalk, alongside of the street.

TELLS OF SEEING SHOTS FIRED
"While I was there talking to Webb, standing about two feet and a half from him, I saw Scottie on his knees at the side of the barn about -- feet away. I talked to Webb about two minutes when I saw Mr. Waggoner, the defendant, coming down the street . He was carrying a double barrel shot gun in his hands.
The prosecution then interrupted the witness and asked about how far this wagon gate was from the front property line. The witness said that it was fully -- feet. Mr. Cole then testified the Mr. Waggoner lived just across the street in front of Mr. Webb's house.
"The first thing and the only thing I heard the defendant say, Mr. Cole continued, was "Stand out, Come out, Webb." Mr. Webb said nothing. Then Mr. Waggoner shot. The first shots struck Mr. Webb about the neck and shoulders for I saw him reach for his neck with his hands and call out, "Oh!"
In about thirty seconds the second shot was fired. Mr. Webb had started towards the gate. I had backed up out into the street. Just as Mr. Webb turned, the defendant fired and the shots struck low. I saw the bullets spatter in the dust.

WAS 75 FEET AWAY
"How far was the defendant from the deceased at the time he fired those two shot," Mr. Fulton asked.
"He was fully 75 feet away. When the second shot was fired, I saw Scottie come toward Mr. Webb. He just fell into Scottie arms sort of limp and I heard him say, "Scotti, I'm hit hard."
While Scottie was standing there near the vegetable wagon another shot was fired by Mr. Waggoner. Immediately after the defendant had shot the second time, Mrs. Webb came running out of the house, screaming. I can't make it very clear just how things did happen there but they were all screaming.
Mrs. Webb ran to Mr. Waggoner and tried to get hold of the gun. The defendant just kept her from getting a hold on the gun and it was then he fired the third time. Webb and Scottie were in the wagon yard; but there was a fence between them and the defendant.
Mr. Cole then told that he saw Mr. Waggoner back out into the street and return to his home.
The witness said that he felt sure that his wife would be worried on account of the shooting so he started down the alley towards his hosue. Scottie he told walked just ahead of him down the alley.
Scottie had the gun stuck in his pocket. He was in shirt sleeves.
County Attorney L.L. Fulton then asked...

SAYS WEBB NOT ARMED
"Mr. Cole, did you at any time from the time of your arrival on the scene until you left there to go back and tell your wife that no harm had come to you, see any kind of a weapon in the hands of Mr. Webb, the deceased?"
"No, sir." was the witness' reply.
Cross examination of the witness was begun by Attorney F.L. Gipson.
The 12 jurors who are occupying the jury box are: J.B. Somerville, T.J. Major, John Owenbaugh, ?. M. Harrison, J.W. Givens, illegible, T.F. Hannon, W.H. illegible, ?.G. Evans, W.F. Kirkpatrick, C.C. Alexander and ?.W. Creed.
When court recessed at noon, Judge Napier ordered Sheriff Smith to summon 15 talesmen (note: refers to a person summoned from among the bystanders in a court to serve as a juror) as both the special venire and the regular jury panel for the week had been exhausted. Mr. Creed was the second man examined from the list of....

C.W. Waggoner claimed self-defense in his murder trial. He stated that Mr. Webb was standing at his back gate, looking straight at him (Mr. Waggoner) and Scottie ran towards Mr. Webb, handing him something; whereupon immediately Mr. Webb began firing a pistol at him. Mr. Waggoner stated that he fired back in self-defense.
Mrs. Louise Waggoner, dressed in black, was one of the last three witnesses called for the defense, telling basically the same account of events as her husband - claiming that both of them had heard shots coming from Mr. Webb's back yard and that her husband had gone to the Webb house to arrest Mr. Webb and that Mr. Webb had fired the first shot at her husband. The actions of that fateful Sunday were the result of a week earlier when Waggoner said he heard shots coming from the Webb's back yard and informed Mrs. Webb that her son needed to stop the shooting in town. Mr. Waggoner then said that he had been confronted by Mr. Webb several days later and threatened him if he ever came to his house again.
The judge called a night session of the court on Wednesday evening in order to prevent having to hold court on Thanksgiving day. (Wichita Daily Times, Wednesday, November 29, 1922)

JURY FINDS WAGGONER GUILTY
C.M. Waggoner spent Thanksgiving Day in the Wichita County jail, awaiting the findings of the jury in his murder trial. On Thursday morning he was remanded to the custody of the Sheriff 8 minutes after Judge Napier read the verdict of the jury - guilty. The minimum sentence of 5 years was assessed by the jury. Judge Napier read the written verdict:
"We the jury find the defendant C.M. Waggoner guilty of murder as charged in the indictment and assess his punishment at 5 years confinment in the penitentiary." (Wichita Daily Times, Thursday, November 30, 1922)