Morganton, Aug. 17—Mrs. Bettie Davis, mother-in-law of Sidney Kincaid who is on trial for murder of his wife, was the state’s chief witness this morning. She told of the defendant’s coming home aobut `0 o’clock that night, Mrs. Kincaid’s going to meet him on the dark porch and of hearing Kincaid say: “Lillie, damn it, I won’t take that.”
Then she heard a gurgling, choking sound and upon reaching the porch saw the defendant with his hands around his wife’s neck. She pulled away one of the hands, felt the blood from the wound, and when she returned with a lamp saw Mr. and Mrs. Kincaid sinking to the floor together. Her tesitmony corresponds in most particulars with first reports of tragedy.
When court adjourned at 1 o’clock it appeared that the state was almost ready to rest its case. It was not yet evident what line of defense would be followed and there is much surmise as to whether Kincaid will be placed on the stad in his own behalf.
From The Charlotte News, August 17, 1921
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Morganton, Aug. 17—The trial of Sidney A. Kincaid for the murder of his wife was started this morning with the presentation of evidence by the State. The jury was selected in a short time Tuesday afternoon, but there was no time thereafter for hearing any of the testimony that will be forthcoming.
The jury of Lincoln county citizens is composed of the following: R.C. Coon, R.H. Ballard, R.L. McCorkle, C.G. Rudisill, Luther Lineberger, J.M. Jetton, J.G. Morrison, G. Lee Beam, E.M. Smith, R.M. Lochman, W.H. Loher and J.E. Croonland.
The jury was empaneled within one hour and 20 minutes after examination began. Of the 75 veniremen summoned from Lincoln county only 25 were examined for selection of the 12. Defense used eight of its 12 per-emptory challenges and the State only two.
Some delay was caused when the case was first called by the fact that the list of veniremen contained on the return by Sheriff Abernathy had been unwittingly used to cut into skips for darawing. Defnse took exception to this as an error and Judge Brison went to much pains to verify names n the hat as the same as those summoned, requiring a count of slips and taking the precaution to ask each man as called if he had been summoned by the Lincoln county sheriff. All the men examined answered the questions put to them intelligently and the jury chosen is far above the average, many of them being business men of high standing in Lincoln.
Both Solicitor Huffman and counsel for the defense stated that it was one of the finest set of men they had ever seen in a jury box. No evidence was taken yesterday. It was 5 o’clock by the time the jury was chosen and Judge Bryson adjourned court until today at 9:30.
The prisoner was visibly affected several times while in the courtroom. Tears came to his eyes as she stood to hear the indictment read and after adjournment he wept as relatives gathered around to shake his hand. Two sisters were with him, Mrs. Whitener of Hickory and Mrs. E.B. Hood of Chesterfield. Mrs. Bettie Davis, mother of the murdered woman, sat inside the bar a short distance of the defendant. She was heavily veiled.
Attorney Childs of Lincolnton assisted Solicitor Huffman in the selection of a jury but will not help in the prosecution. C.A. Jones conducted the examination for the defense.
From The Charlotte News, Aug. 17, 1921
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