Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-08-30

Bebee, IN demanding position Remem-
bers that Capt. Tolar was standing perfect
ly still, and that he wore shawl
Never have testified before about this
Have told Capt. Tolar's counsel that wit
ness intended to swear that Tolar did not
fire the pistol
Witness is Mason Tolar is Mason.
Witness is no relative of Tolar's
Witness went over to Bebee's body about
fifteen minutes after he was shot; saw
lsham Blake there. Don't recollect seeing
any body else there. Witness don't know
what John Shaw's neighbors think of his
general character. Witness has heard his
(witness) brother say that he would not
believe him John Shaw on his OATH" He
| (wltness) only knw of his stealing CATTLE
Witness was Orderly Sergeant of the local
police and he commanded in written Or
der from the Captain (OrrelD to tie him up
by the thumbs Captain Orrell did not
belong to the U. S. Army. Witness was
looking at Capt. Tolar when the pistol fired,
and swears most positively that Capt. To-
lar did not fire the pistol that killed Bebee.
Does not know of any combination to kill
Bebee, or attack him on that day.
Re-Direct: Tolar was ten or twelve feet
from Bebee when the pistol fired. There
were ten or dozen persons between Be
bee and IOlar and the crowd was moving
about.
Questions by Court: When Bebee was
brought out of the market house, the crowd
passed between Tolar and the south side
of the main arch. Tolar was about six feet
from the side of the arch
Court adjourned to this Saturday NOR
ming II A. M.
SATURDAY, Aug. II.
j. g. Leggett, su0aT: Have been living
in Fayetteville about IA months.
Was at the market house the day Bebee
was shot. Ed Powers, Ralph Lutterloh,
John Maltsby, Tolar, Hall and Sykes were
there. Witness talked with some of them
about Bebee in an ordinary tone of voice.
and they were escorted to a carriage by Mr.
Bond. Witness was standing on the pave
ment with Capt. Tolar and others and does
not think that Capt Tolar went to the car
riage. Saw Bebee brought down stairs
Weriss, Hardie and Faircloth were with
him and two or three policemen. At the
time Bebee was being brought down, wit
ness thinks that no one Jumped up on the
BENCH near the foot of the steps. Witness
heard no exclamation from any one on the
bench. John Maltsby was about the CEN
ire of the market house, near the bellrope
Witness noticed no excitement in the
crowd. Nothing unusual occurred to at
tract attention before Bebee went out on
the pavement, there commenced some signs
of excitement. Saw young man, whom
the witness supposed to be drunk, try to
strike Bebee, but somebody carried him
off,
Witness was standing nearly in front of
4, I'll,
with him, when the pistol shot-fred Lut-
terloh and Ed. Powers were close by wit
ness. Witness saw Tolar at the instant the
pistol was fired, and swears most positively
that Tolar did not fire it, Saw the flash
and smoke of the pistol. 1t was to witness
left and front. Capt. Tolar was to witness
right. The flash was about nine feet from
Tolar and about three feet from Bebee.-
Tolar was ten or twelve feet from Bebee-
He made no advance upon Bebee. Wit |
ness went away moment or two afterwards |
and passed by Mr.. [. B. Davis, near his |
(DavisO store. Went to Riley & Burns |
store. Stayed short time and returned,
in company with Mai. Burn, to the market
house, and saw Bebee lying on the pave
nent
Cross Examined: First name is Jorday. |
Heard of Bebee's attempt on Miss Alassle, |
'or the first time after reaching the market |
house, unless Mr.. Mcdonald said some
hing about it just before, as witness pass
I'd by McDonald's store. When witness
irst entered the market house, Tolar, Lut-
erloh and Powers were standing together.
10 arms, no belts or other indications of |
Tolar had on shawl and gray
clothing; also black hat. There were
bout twenty-five persons inside and about
he same number outside, or perhaps less.
Witness saw Sam. Hall, Maltsby and Sykes
ogether. Did not see them have any wea-
IONS, nor has witness heard since that they
lad. Did not see Tom Powers there that
ay. Don't know "Monk Julia"
Saw Mrs. and Miss Massie and Mr.. Bond
o to the carriage, which was about six feet
rom the pavement. Soon after the ladies
ot in the carriage, the carriage drove off.
aw no other person go to the carriage with
be ladies except Mr.. Bond. Did not see
lr. Bobert Mitchell, or Phil Taylor or
ohm Maltsby, speak to the ladies, while
hey were in the carriage. The carriage
loved off within two minutes after the Ia
les came down stairs. Tolar was not
landing on the pavement, in front of the
rch, five minutes, three minutes or one
linute before Bebee came down stairs
bout the time Bebee came down stairs
le crowd increased. Witness first saw
'ebee when he (Bebee) was near the bot
om step. Hardie was in front of Bebee.
i'd not see any attempt at Bebee before he
OF out on the payment; saw no rush. About
he time Bebee went through the main arch,
itness, Tolar, Lutterloh and Ed Powers
loved out on the pavement. Capt. Tolar :
ould not possibly have been out two min
tes on the pavement before Bebee camo
ut. Witness is little taller man than l
apt Tolar. Witness did not see any knife; 9
wv only one person striking at Bebee.- |
hought him drunk. =
Did not notice the police using their =
ubs Had no thought of an assault be- I
lg made on Bebee, until after he (Bebee) /
ot out of the market-house. Does not +
now John Jackson. Don't recollect see e
lg Sam Phillips there. Was within two I
et of Capt Tolar when the pistol fired. r
he man who made an assault upon Bebee q
as a small man. Witness had no weapon "
ith him on that day. The man who fired a
lat pistol was to front and left of witness. t,
olar was to witness right and rear The "
an who fired the pistol was about five h
ct from the pavement. Witness heard O
} cries of "kill him. or "shoot him. g